senate Bill S2807

Signed by Governor 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

download pdf

Bill Status


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

actions

  • 01 / Feb / 2011
    • REFERRED TO FINANCE
  • 25 / Feb / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 25 / Feb / 2011
    • PRINT NUMBER 2807A
  • 12 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 12 / Mar / 2011
    • PRINT NUMBER 2807B
  • 30 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 30 / Mar / 2011
    • PRINT NUMBER 2807C
  • 30 / Mar / 2011
    • ORDERED TO THIRD READING CAL.284
  • 30 / Mar / 2011
    • MESSAGE OF NECESSITY
  • 30 / Mar / 2011
    • PASSED SENATE
  • 30 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 30 / Mar / 2011
    • REFERRED TO WAYS AND MEANS
  • 30 / Mar / 2011
    • SUBSTITUTED FOR A4007C
  • 30 / Mar / 2011
    • ORDERED TO THIRD READING RULES CAL.14
  • 30 / Mar / 2011
    • MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • 30 / Mar / 2011
    • PASSED ASSEMBLY
  • 30 / Mar / 2011
    • RETURNED TO SENATE
  • 30 / Mar / 2011
    • DELIVERED TO GOVERNOR
  • 31 / Mar / 2011
    • SIGNED CHAP.57

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Extends numerous provisions of law that were set to expire and be repealed, but that were otherwise necessary for the fiscal stability of the state and the health and safety of its citizens; authorizes the governor to close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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4007
Versions:
S2807
S2807A
S2807B
S2807C
Legislative Cycle:
2011-2012
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

Sponsor Memo

BILL NUMBER:S2807

TITLE OF BILL:

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 procedure 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 funding, 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 community 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
incarceration fee, in relation to extending the expiration of certain
provisions of such chapter; to amend 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, 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
assistance fee; to amend chapter 713 of the laws of 1988, amending the
vehicle 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 prisoner 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 chapter 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 protective measures for certain child witnesses, in relation
to extending the expiration of the provisions 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; 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 (Part A);
to amend chapter 503 of the laws of 2009 relating to the disposition of
certain monies recovered by county district attorneys before the filing
of an accusatory instrument, in relation thereto and the effective date
thereof (Part B);
to amend the correction law, in relation to the closure of
correctional facilities (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
commissioners, 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
and to repeal certain provisions of
the election law relating thereto (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 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 terminal 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 government 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);
to amend the state finance law, in
relation to reappropriation bills (Part M);
to provide for the administration of certain funds and accounts related
to the 2011-2012 budget; to authorize 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 certificates 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 repeal
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, relating to certain monetary transfers;
to amend the public authorities law, in relation to voting of directors
of local government assistance corporation; to amend the public
authorities law, in relation to library construction; to amend the state
finance law, in relation to community enhancement facilities projects, to
amend chapter 432 of the laws of 1997, amending the state finance law
and other laws relating to the issuance of bonds or notes for community
enhancement facilities projects, in relation to
the amount of bonds issued
for community enhancement projects; to amend chapter 84 of the laws of
2002, relating to authorizing the New York state urban development
corporation and the dormitory authority of the state of New York to
issue bonds or notes for the purpose of financing certain project costs,
in relation to providing for the administration of certain funds and
accounts related to the 2002-2003 budget; to amend chapter 3 of the laws
of 2004,
relating to authorizing the New York state urban development
corporation and the dormitory authority of the state of New York to

issue bonds or notes, in relation to bonds or notes;
to amend chapter 59 of the laws of 2004,
relating to authorizing the New York state urban development
corporation and the dormitory authority of the state of New York to
issue bonds or notes, in relation to bonds or notes;
to amend chapter 59 of the laws of 2005, relating to the urban
development corporation bonding authority, in relation to the issuance
of bonds by the dormitory authority and the
New York state urban development
corporation; to amend chapter 161 of the laws of 2005, amending the
education law and other laws relating to issuance of bonds or notes, in
relation to the issuance of bonds by the dormitory authority and the
New York
state urban development corporation; to amend chapter 174 of the laws
of 1968 constituting the New York state urban development corporation
act, in relation to financing economic
development and regional
initiatives and in relation to the issuance of bonds or notes for the
purpose of funding project costs for regional economic development
council initiatives, communities impacted by the closure of New York
state prison and correctional facilities and other states' costs
associated with such projects;
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;
and providing for the repeal of certain provisions upon expiration
thereof (Part N); and
to repeal section 99-d of the state
finance law, relating to community projects fund (Part O)

PURPOSE:

This bill contains provisions needed to implement the Public
Protection and General Government portions of the 2011-12 Executive
Budget.

This memorandum describes Parts A through a of the bill which are
described wholly within the parts listed below.

Part A - Extend various criminal justice programs that would otherwise
sunset.

PURPOSE:

This bill extends for three years various criminal justice programs
that would otherwise expire in 2011.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill extends the authorization of various sections of law to
ensure the continuation of a host of criminal justice program. All of
these provisions have been extended previously and many have been
extended multiple times.

Key programs and statutory provisions continued by this bill include:
determinate sentencing; inmate work release and furloughs; substance
abuse treatment for inmates;
alternatives to incarceration; ignition interlock program for
individuals convicted of alcohol-related violations; mandatory arrest
in cases of domestic violence; and protective measures for child
witnesses.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget which relies on continuation of these programs in certain
Financial Plan projections.

EFFECTIVE DATE:

This bill takes effect immediately.

Part B - Make changes to provisions relating to the disposition of
certain monies recovered by New York City county district attorneys
and make those provisions permanent.

PURPOSE:

This bill applies the existing formula for distribution of certain
monies recovered by district attorneys in New York City to each
recovery made by such district attorneys, and makes the provisions
governing such recoveries permanent.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill amends chapter 503 of the laws of 2009, as amended by
section 1 of part KK of chapter 56 of the laws of 2010, to adjust
the formula under which a county district attorney in New York City
retains a portion of recoveries it makes before the filing of an
accusatory instrument I and also makes that statute permanent: The
existing statute will otherwise expire on March 31, 2011.

Chapter 503 sets forth a formula for dividing up the cumulative amount
of such recoveries received by the district attorney within a State
fiscal year. Under this bill, the formula will
apply to each recovery, thereby providing the district attorney's
office with additional resources to pursue more investigations.

For the past several years, including 2010-11, the Manhattan District
Attorney's Office has recovered significant monies from

pre-indictment settlements (ie., pursuant to deferred prosecution
agreements). For the past two years, statutory language enacted with
the budget has directed a portion of those recoveries to the State
and the City in equal portions. This equal distribution is not
altered by this bill.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget. It is expected to generate an estimated $75 million in
revenue to the State in 2011-12.

EFFECTIVE DATE:

This bill takes effect immediately.

Part C - Eliminate the prison closure notification requirement and
modify the type of plan to be developed in the event of a prison
closure.

PURPOSE:

This bill expedites the prison closure process by eliminating the
requirement that the Commissioner of the Department of Correctional
Services issue notice one-year prior to closing a facility. In
addition, this bill provides a process for assisting communities
affected by a prison closure to transform their economy.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

Since December 1999, New York's prison population has fallen from a
peak of 71,600 inmates by more than 15,000 inmates, resulting in
significant unused prison capacity. As a result, the State began to
close facilities in 2009. Under current law, the Commissioner of th~
Department of Correctional Services is required to give notice one
year prior to closing a correctional facility, and to prepare an
adaptive re-use plan for the facility six - months prior to closure.
However, the State must be able to act more expeditiously to
eliminate excess prison capacity in order to use scarce taxpayer
dollars as efficiently and prudently as possible, particularly during
a period of fiscal exigency. The transfer of inmates into facilities
that are most efficient and offer more rehabilitative services will
yield significant recurring savings to taxpayers and is consistent
with public safety.

This bill will enable the Commissioner to more effectively manage the
State prison system by reducing excess bed capacity through
accelerated closure of entire facilities.
It also eliminates the requirement for a re-use plan prior to a
facility closure and instead
directs the Chairman of the Urban Development Corporation to prepare

an economic transformation plan for the impacted community, in
consultation with the corresponding regional development council, no
later than six months after the prison closure.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget as an undetermined amount of savings will be realized from
anticipated prison closures.

EFFECTIVE DATE:

This bill takes effect immediately

Part D - Eliminate cell surcharge subsidy to a revolving loan fund.

PURPOSE:

This bill changes the required use of cellular surcharge revenue by
eliminating the annual transfer of $1.5 million from the Statewide
Public Safety Communications Account to the Emergency Services
Revolving Loan Fund.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

The Emergency Services Revolving Loan Fund is established in section
97-pp of the State Finance Law as a means to assist local governments
in financing firefighter and emergency response equipment such as
ambulances and fire engines. Since it is structured as a revolving
loan fund (ie., payments of principal and interest are deposited back
into the fund) and presently there is an ample fund balance,
elimination of the annual transfer from the Statewide Public Safety
Communications Account should not diminish the ability of the
Revolving·Loan Fund's administrators to make new loans.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, because it will support essential programs being
funded from the Statewide Public Safety Communications Account.

EFFECTIVE DATE:

This bill takes effect immediately.

Part E - Change the compensation for the commissioners of the State
Liquor Authority, other than the Chairman, from an annual salary to
per diem.

PURPOSE:

This bill changes the compensation of the Commissioners of the State
Liquor Authority, except for the Chairman, from an annual salary to
per diem.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

Currently, Commissioners and the Chairman of the State Liquor
Authority are compensated with an annual salary established in the
Executive Law. The Chairman, designated by the Governor, also serves
as the head of the Authority and will not be affected by this bill.

This bill amends Executive Law § 169(1)(f) to remove the
Commissioners of the State Liquor Authority, other than the Chairman
designated by the Governor as head of the Authority, from the
statutory salary list. The bill also amends the Alcoholic Beverage
Control Law to provide that the Commissioners other than the Chairman
shall receive per diem compensation at $260 per day and reimbursement
for their actual and necessary expenses. Since their duties are not
full time, per diem is more appropriate compensation than an annual
salary.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, which assumes $220,000 in savings associated with
this legislation.

EFFECTIVE DATE:

This bill takes effect immediately.

Part F - Eliminate costly and unnecessary election law printing and
publication requirements.

PURPOSE:

This bill eliminates obsolete election law printing and publication
requirements.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

The bill's provisions will help the State Board of Elections (SBOE)
operate more efficiently by:

* Eliminating requirements for publication in hard-copy newspapers of
information related to constitutional amendments and ballot questions
in favor of posting and dissemination of such information on SBOE and
Department of State's websites; and

* Eliminating the requirement that certified copies of election
results be published in hard-copy newspapers and instead require that
such results be posted on the applicable county board of elections'
website(s).

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget as it will generate at least $70,000 in savings for
the State. Counties also should realize savings from this proposal.

EFFECTIVE DATE:

This bill takes effect immediately.

Part G - Provide for the close-out of most private group self-insured
workers compensation trusts to mitigate potential risk to the State
Financial Plan and to participating employers.

PURPOSE:

This bill implements the major recommendations of the Task Force on
Group Self-Insurance. Specifically, it eliminates, except under
certain limited circumstances, the provisions of workers'
compensation coverage for private employers by group self insured
trusts ("GSITs") and remove GSITs as a separate category for workers'
compensation assessments.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

Under existing law, employers who wish to self-insure for workers'
compensation may either self-insure individually or join together and
request approval to operate as a GSIT pursuant to Workers'
Compensation Law ("WCL") § 50(3-a). The members of a GSIT
proportionally share in any surplus which may have been generated by
the GSIT. and are jointly and severally liable for any deficit which
may occur when the contributions are inadequate to pay all of the
GSIT's obligations for a given period. GSITs must assure the Chair of
the Workers' Compensation Board of their ability to pay and make a
deposit of securities, but they are not required under existing law
to post a security for all liabilities, unlike an individual
self-insurer.

Since 2006, 19 GSITs have closed voluntarily, and 17 GSITs are
insolvent. Recent projections indicate that these groups have a
combined deficit of $800 million. Collection of moneys owed from
members of the defaulted GSITs has proven difficult, and litigation
has proliferated. To continue paying claims of injured workers'
covered by such defaulted GSITs, the Workers' Compensation Board has
assessed the "healthy" GSITs and individual self-insurers.

To address this significant problem; Chapter 139 of the Laws of 2008
created a Task Force of Group Self-Insurance (the "Task Force"), of
involved stakeholders and state representatives. On June 7, 2010, the
Task Force issued a comprehensive report with recommendations. The
report found that as presently constituted, GSITs impose an
unacceptable risk on the workers' compensation system and on the
employers who join them, and that these problems cannot be remedied
within the existing structure.

This bill largely implement the recommendations of the Task Force. It
will provide for the closing of virtually all private GSITs by the
end of the year. However, it creates an exception for those groups
(anticipated to be very limited in number) that are able to post
security for their liabilities in a manner comparable to an
individual self-insurer. It will also allow public employers' GSITs
to continue operating. In addition, the bill will cease assessments
of discontinued GSITs under WCL §§ 15(8) and 151. The employers in
such GSITs will procure insurance through other vehicles, and will
pay assessments as a result of such coverage., Moreover, terminating
these assessments will allow the closed, non-defaulted GSITs to stay
financially viable, preventing those GSITs from failing and thereby
creating another cycle of defaults, litigation, and funding
shortfalls. Terminated GSITs will remain liable (to the extent
permitted following the resolution of certain legal challenges) for
assessments under WCL section 50(5)(g), which provides funding to run
defaulted GSITs. Since those assessments are not made against all
employers, ceasing such assessments against terminated GSITs will
leave a funding gap that other self insurers will need to make-up.

This bill also repeals WCL Section 50(3-a)(9), relating to the
addition of new members to GSITs, amend the WCL to prohibit a GSIT
from insuring any liabilities after December 31, 2011 and allow GSITs
to self-insure if certain requirements are met. Furthermore, the bill
will subject entities that failed to pay a judgment under WCL section
26 within ninety days of notice of such failure to a "stop work" order.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget. If a GSIT becomes insolvent, the WCB must assure
continued payment of claims from assessment funds, which are not
collected for this purpose. The State has a vested interest in
ensuring that these liabilities do not continue to grow, via a
solution to the GSIT problem. This bill will address this problem by
stemming a significant and growing cycle of financial loss, allowing
closed GSITs to wind down their affairs in an orderly manner, and
eliminating a workers' compensation option that subjects employers to
excessive risk.

EFFECTIVE DATE:

This bill takes effect immediately, except that sections 1 and 6 take
effect January 1, 2011 and apply to any assessment cycle beginning on
or after such date, subject to WCL §15(8)(h)(4), as amended by this
bill.

Part H - Change the compensation for commissioners of the State Civil
Service Commission, other than the President, from an annual salary
to per diem.

PURPOSE:

This bill changes the compensation of commissioners of the State Civil
Service Commission, except for the President of the Commission. from
an annual salary to a per diem.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill amends Executive Law §169 (1)(f) to remove the
commissioners of the State Civil Service Commission, other than the
commissioner designated by the Governor as President of the
Commission, from the statutory salary list. The bill also amends
Civil· Service Law § 5(2)(a) to provide that the commissioners of the
State Civil Service Commission other than the President shall receive
per diem compensation at $250 per day, and reimbursement for their
actual and necessary expenses. Since their duties are not full time,
per diem is more appropriate compensation than an annual salary.

Currently, all three commissioners of the State Civil Service
Commission are compensated with an annual salary established in the
Executive Law. The President of the Commission, designated by the
Governor, also serves as the head of the Department of Civil Service
and will not be affected by this bill.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, as it produces savings of $133,000 from elimination
of the salaries of the two. commissioners (each currently receive an
annual salary of $90,800), offset by the estimated per diem costs.

EFFECTIVE DATE:

This bill takes effect immediately and applies to current members of
the Civil Service Commission.

Part I - Reduce Aid and Incentives for Municipalities (AIM) funding
for cities, towns and villages and eliminate AIM for New York City.

PURPOSE:

This bill eliminates Aid and Incentives for Municipalities (AIM) to
New York City (NYC), arid reduce AIM to other municipalities by 2
percent.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill reduces total AIM funding in order to achieve General Fund
savings necessary to help balance the 2011-12 budget.

Under current law, in 2011-12 cities outside NYC would receive about
$664.8 million of AIM, while towns and villages would receive about
$69.8 million, for a total of $734.6 million. The City's AIM was
eliminated in 2010-11 on a one-year basis.

This bill eliminates AIM to New York City in 2011-12 and thereafter,
since the City relies on AIM much less than other municipalities. At
approximately 0.5 percent of total General Fund revenues, New York
City's AIM reliance is significantly lower than the average AIM
reliance for either other cities (22 percent of total General Fund
revenues) or towns and villages (0.8 percent of total All Funds
revenues). The bill would provide other municipalities with 2 percent
less AIM than they received in 2010-11.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because it achieves approximately $321.5 million of
General Fund savings, broken down as follows: $301.7 million from New
York City, $17.7 million from other cities and $2.1 million from
towns and villages. After these reductions, in 2011-12 cities would
receive $647.1 million of AIM while towns and villages would receive
$67.6 million, for a total of $714.7 million.

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

Part J - Eliminate Video lottery Terminal Aid to all eligible
municipalities other than Yonkers.

PURPOSE:

This bill eliminates aid to all eligible municipalities hosting a
video lottery terminal (VLT) facility other than the City of Yonkers.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill amends State Finance Law to eliminate VLT aid to all
eligible municipalities other than the City of Yonkers, starting in
SFY 2011-12.

The State currently provides approximately $25.8 million of annual aid
to the municipalities that host seven VLT facilities across the
State. Of this amount, $19.6 million is distributed to the City of
Yonkers. The other $6.2 million is split among 15 different
municipalities.

This bill would preserve VLT aid to Yonkers because, unlike other
recipients of this aid, Yonkers is required to use the funding to
support its school district.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because it achieves approximately $6.2 million in
General Fund savings.

EFFECTIVE DATE:

This bill takes effect immediately.

Part K - Create the Citizen Empowerment Tax Credit, the Citizens
Re-organization Empowerment Grants and the local Government
Performance and Efficiency Program, and streamline the local
Government Efficiency Grant Program.

PURPOSE:

This bill creates the Citizen Empowerment Tax Credit, the Citizens
Re-organization Empowerment Grants and the Local Government
Performance and Efficiency program, and streamlines the Local
Government Efficiency Grant Program.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill ensures that local governments studying, planning for, or
implementing a consolidation or dissolution would be provided
funding to support these efforts. This funding will be provided
through the creation of the Citizens Re-organization Empowerment
Grants, valued at up to $100;000 per grant. The bill requires that
local governments that receive additional aid as the result of a
consolidation or dissolution use at least 50 percent of this aid for
property tax relief. This tax relief will be generated through the
creation of the Citizen Empowerment Tax Credit. These reforms are
necessary and timely. Since the enactment of the New York Government
Reorganization
and Citizen Empowerment Act, there has been increasing interest in,
and a significant need for, local government consolidation and
dissolution that ensures property tax relief.

This bill also creates the Local Government Performance and
Efficiency Program to recognize municipalities that have undertaken

actions that improve the overall efficiency of governmental
operations and produce quantifiable financial savings that reduce the
municipal tax burden on citizens. Awards through this Program, capped
at the lesser of $5 million or $25 per capita of the involved
municipalities, will be determined by the Secretary of State.
Ultimately the Program will create incentives for local governments
to take actions that will reduce the property tax burden on their
citizens.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because it will encourage local government
consolidation or dissolution, improve government operating
efficiencies and promote local property tax relief.

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

Part L - Clarify the State's obligation to make payments with respect
to certain lands.

PURPOSE:

This bill clarifies the State's obligation to make payments
with respect to certain lands.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

The State recently purchased lands in the Hemlock and Canadice lake
watersheds. This bill clarifies the State's obligation and ability to
make payments to local governments that were previously made by the
City of Rochester, by making clear that the appropriation authority
set forth in the FY 2011-12 Executive Budget is sufficient for such
purpose.

This clarification of the existing law ensures that the State is able
to meet its current obligation to make payments pursuant to the
statutory language that has been in effect since 1989.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget. It authorizes the State to make two required annual
payments, one each in 2011 and 2012, totaling $600,000 in State
Fiscal year 2011-12.

EFFECTIVE DATE:

This bill takes effect immediately.

Part M - Lapse aged State and local reappropriations.

PURPOSE:

This bill requires that all reappropriations, with the exception of
reappropriations for capital projects and federal purposes, lapse
five years after the close of the fiscal year in which they were
appropriated.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill "cleans-up" budget legislation to ensure that aged
reappropriations, an abundance of which are no longer relevant or
have cashed-out, are eliminated. The bill employs sound budgetary and
accounting principles by ensuring that appropriations are used within
a reasonable amount of time or are revisited by decision-makers to
determine their relevance and necessity.

The bill requires that all reappropriations, with the exception of
reappropriations for capital projects and federal purposes, lapse
within five years after of the date on which the original legislation
would lapse in accordance with State Finance Law § 99-d. This bill
takes effect April 1, 2012. to ensure that State agencies and the
Legislature have sufficient time to manage this change.

BUDGET IMPLICATIONS:

This bill does not have direct budget implications; however, it is
necessary to enact appropriate reform beginning with the 2011-12
Budget.

EFFECTIVE DATE:

This bill takes effect April 1, 2012.

Part N - Authorize transfers, temporary loans and amendments to
miscellaneous capital/debt provisions, including bond caps.

PURPOSE:

This bill provides the statutory authorization necessary for the
administration of funds and accounts included in the 2011-12
Executive Budget, and proposes certain modifications to improve the
State's General Fund position within the upcoming fiscal year.

Specifically, the bill (1) authorizes temporary loans and deposits of
certain revenues to specific funds and accounts, (2) authorizes the
transfers and deposits of funds to and across various accounts, (3)
continues or extends various provisions of Chapter 56 of the Laws of
2010 in relation to capital projects and certain certifications, (4)

authorizes modifications to various debt provisions, and (5) modifies
various bond authorizations necessary to implement the budget.

SUMMARY OF PROVISIONS, EXISTING LAW, PRIOR LEGISLATIVE HISTORY,
AND STATEMENT IN SUPPORT:

Section 1 of this bill authorizes the Comptroller to make temporary
loans to specific State funds and accounts during the 2011-12 fiscal
year.

Section 1-a of this bill authorizes the Comptroller to make temporary
loans to accounts within specific Federal funds during the 2011-12
fiscal year.

Sections 2 through 5 of this bill authorize the Comptroller to make
transfers between designated funds and accounts.

Section 6 of this bill authorizes the Comptroller to deposit funds
into the Banking Services Account.

Section 7 of this bill authorizes the Dormitory Authority of the State
of New York (DASNY) to transfer $22 million to the State University
of New York (SUNY) for bondable equipment costs, which in turn would
be re-paid to the State General Fund.

Section 8 of this bill authorizes the SUNY Chancellor to transfer the
estimated tuition revenue balances from the State University
Collection Fund to the State University Fund, State University
Revenue Offset Account.

Section 9 of this bill authorizes the Comptroller, at the request of
the SUNY Chancellor, to transfer up to $50 million from the State
University Income Fund, State University Hospitals Income
Reimbursement Account and the State University Income Fund, Long
Island Veteran's Home Account to the State University Capital
Projects Fund.

Section 10 of this bill authorizes the Comptroller to transfer monies
from the State University Collection Fund, Stony Brook Hospital
Collection Account, Brooklyn Hospital Collection Account, and
Syracuse Hospital Collection Account to the State University Income
Fund, State University Hospitals Income Reimbursable Account in
amounts sufficient to permit the full transfer of moneys authorized
for transfer to the General Fund for SUNY hospital debt service.

Section 11 of this bill authorizes the Comptroller to make transfers
between the Miscellaneous Special Revenue Fund, the Patient Income
Account, the Mental Hygiene Program Fund Account, or the General Fund
in any combination, up to $350 million.

Section 12 of this bill authorizes the Comptroller to transfer the
unencumbered balance of any Special Revenue Fund to the General Fund,
up to $500 million.

Section 13 of this bill authorizes the Comptroller to transfer the
unencumbered balance of any non-General fund or account, in any
combination, to the General Fund, up to $75 million.

Section 14 of this bill authorizes the transfer of $100 million from
the Power Authority of the State of New York to the credit of the
General Fund by January 31, 2012.

Section 14-a of this bill authorizes a public benefit corporation to
make voluntary contributions to the State at any time from available
public benefit corporation funds in such amount~ as deemed to be
feasible and advisable by such public benefit corporation's governing
board after due consideration of the public benefit corporation's
legal and financial obligations.

Section 15 of this bill authorizes the Foundation for Science,
Technology, and Innovation to make a contribution to the State
Treasury to the credit of the General Fund for $500,000.

Section 16 of this bill amends State Finance Law (SFL) § 97-rrr to
allow the State Comptroller to make deposits in the School Tax Relief
Fund in fiscal year 2011-12.

Section 17 of this bill repeals § 19-a(b) of Part PP of Chapter 56 of
the Laws of 2009, providing funding for certain community projects.

Section 18 of this bill authorizes the Comptroller to deposit
reimbursements for certain capital spending from appropriations into
the Correctional Facilities Capital Improvement Fund by a Chapter of
the Laws of 2011.

Sections 19 through 34 of this bill authorize the Comptroller to
deposit reimbursements for certain capital spending from multiple
appropriations contained in various chapters of the laws of 2001
through 2011 into various funds, including the Capital Projects Fund.

Section 35 amends SFL § 68-b(8) to make permanent the ability of the
DASNY arid the Empire State Development Corporation (ESDC) to issue
Personal Income Tax (PIT) Revenue Bonds for any authorized purposes.

Section 36 of this bill amends SFL § 68-a(2) to extend the
authorization to issue Mental Health Bonds under the PIT credit
structure.

Section 37 of this bill amends § 51 of part RR of Chapter 57 of the
Laws of 2008, to make permanent provisions in existing law relating
to the treatment of refundings with variable rate obligations or swaps.

Section 38 of this bill increases the bond cap for financing
environmental infrastructure projects from $903 million to $916
million.

Section 39 of this bill increases the bond cap for financing of
capital projects for the Division of Military and Naval Affairs from
$18 million to $21 million.

Section 40 of this bill increases the bond cap for financing
improvements to State office buildings and other facilities from
$165.8 million to $205.8 million.

Section 41 of this bill increases the bond cap for financing
Certificates of Participation from $751 million to $784 million.

Section 42 of this bill increases the bond cap for financing
correctional facilities from $6.164 billion to $6.490 billion.

Section 43 of this bill increases the bond cap for financing the Youth
Facilities Improvement Fund from $379.5 million to $429.5 million.

Section 44 of this bill increases the bond cap for financing housing
programs from $2.532 billion to $2.636 billion.

Section 45 of this bill increases the bond cap for financing SUNY
student dormitory facilities from $1.230 billion to $1.561 billion.

Section 46 of this bill increases the bond cap for financing local
highway projects from $6.287 billion to $6.695 billion.

Sections 47 and 48 of this bill amend provisions relating to the
governance of the Board of the Local Government Assistance Corporation
(LGAC) and timing of certain provisions relating to the competitive
sale of bonds.

Section 49 of this bill increases the bond cap for library facilities
from $70 million to $84 million.

Sections 50 through 58 of this bill amend various economic development
bond caps for the purpose of reallocating $231 million of existing
bonding authorizations into a new bond cap authorizing the financing
of project costs for the Regional Economic Development Council
Initiative, the Economic Transformation Program and other associated
State costs.

Section 58-a of this bill provides a technical change relating to the
effective date of a bond cap.

Section 59 of this bill makes it effective immediately, and deemed in
full force and effect on and after April 1, 2011; provided, however,
that sections one through fourteen-a and
eighteen through twenty-eight of this bill shall expire March 31,

2012, when upon such date, the provisions of such sections shall be
deemed repealed.

This bill is necessary to execute a balanced Financial Plan in
accordance with the 201112 Executive Budget. Similar legislation is
enacted annually that authorizes the transfer of funds budgeted in
the Financial Plan (such transfers do not have permanent
statutory authorization), and provides for other transactions
necessary to maintain a balanced Financial Plan.

In addition, the SFL requires statutory authorization for funds and
accounts to receive temporary loans from the State Treasury. Similar
provisions were enacted to implement the 2010-11 Budget, and they
must be extended to implement the 2011-12 Budget.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget. Similar legislation is enacted annually to authorize the
transfer of funds budgeted in the Financial Plan, and to provide for
other transactions, including temporary loans from the State Treasury
for cash flow purposes. This bill is also necessary to reimburse
projected Capital Projects Fund spending with the proceeds of bonds
sold by public authorities, to ensure the continued borrowing
necessary for certain State-supported debt issuances to implement
the budget, and to permit the State to carry out basic administrative
functions.

EFFECTIVE DATE:

This bill takes effect immediately and would be deemed in full force
and effect on and after April 1, 2011; provided, however. that
sections one through fourteen-a and eighteen through twenty-eight
of this bill shall expire March 31, 2012, when upon such date, the
provisions of such sections shall be deemed repealed.

Part 0 - Repeal the Community Projects Fund.

PURPOSE:

This bill provides the statutory authorization to repeal section 99-d
of the State Finance Law, relating to the community projects fund.

SUMMARY OF PROVISIONS, EXISTING LAW, PRIOR LEGISLATIVE HISTORY,
AND STATEMENT IN SUPPORT:

Section 1 of this bill repeals SFL § 99-d, in relation t9 the
community projects fund.

Section 2 of this bill authorizes the Comptroller to transfer
undisbursed monies to the general fund/state purposes account on or
after September 16, 2011.

BUDGET IMPLICATIONS:

The Community Projects Fund was created in 1996 to account for
spending and appropriations made to individual civic, cultural,
religious and charitable organizations.

On average, Community Projects Fund spending totals roughly $155
million a year. In 2009-10, spending was roughly $141 million.

In the current fiscal situation, such expenditures from the Community
Project Fund are inconsistent with the need to reduce discretionary
spending and restore structural budget balance.

EFFECTIVE DATE:

This bill takes effect September 16, 2011.

The provision of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2807                                                  A. 4007

                      S E N A T E - A S S E M B L Y

                            February 1, 2011
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12570-01-1

S. 2807                             2                            A. 4007

  provisions  of such chapter; to amend 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, 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 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;  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 (Part A); to amend chapter 503 of the laws of 2009 relat-
  ing  to the disposition of certain monies recovered by county district
  attorneys before the filing of an accusatory instrument,  in  relation
  thereto  and  the  effective  date  thereof  (Part  B);  to  amend the
  correction law, in relation to the closure of correctional  facilities
  (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  commissioners,  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 and to repeal
  certain provisions of the election law relating thereto (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 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

S. 2807                             3                            A. 4007

  the  state  finance  law,  in  relation to a program of aid to munici-
  palities in which a video lottery terminal 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  government  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); to  amend  the  state
  finance law, in relation to reappropriation bills (Part M); to provide
  for  the  administration  of certain funds and accounts related to the
  2011-2012 budget; to authorize  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 infras-
  tructure 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  dedi-
  cated  highway  and bridge trust fund; to amend the state finance law,
  in relation to certificates 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 repeal 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,
  relating  to  certain monetary transfers; to amend the public authori-
  ties law, in relation to  voting  of  directors  of  local  government
  assistance  corporation;  to  amend  the  public  authorities  law, in
  relation to library construction; to amend the state finance  law,  in
  relation  to community enhancement facilities projects, to amend chap-
  ter 432 of the laws of 1997, amending the state finance law and  other
  laws relating to the issuance of bonds or notes for community enhance-
  ment  facilities  projects,  in relation to the amount of bonds issued
  for community enhancement projects; to amend chapter 84 of the laws of
  2002, relating to authorizing the New  York  state  urban  development
  corporation  and  the  dormitory authority of the state of New York to
  issue bonds or notes for the  purpose  of  financing  certain  project
  costs,  in  relation  to  providing  for the administration of certain
  funds and accounts related to the 2002-2003 budget; to amend chapter 3
  of the laws of 2004, relating to authorizing the New York state  urban
  development  corporation  and  the dormitory authority of the state of
  New York to issue bonds or notes, in relation to bonds  or  notes;  to
  amend  chapter 59 of the laws of 2004, relating to authorizing the New
  York state urban development corporation and the  dormitory  authority
  of the state of New York to issue bonds or notes, in relation to bonds

S. 2807                             4                            A. 4007

  or  notes;  to  amend  chapter 59 of the laws of 2005, relating to the
  urban development corporation bonding authority, in  relation  to  the
  issuance  of  bonds  by the dormitory authority and the New York state
  urban  development  corporation;  to  amend chapter 161 of the laws of
  2005, amending the education law and other laws relating  to  issuance
  of  bonds or notes, in relation to the issuance of bonds by the dormi-
  tory authority and the New York state urban  development  corporation;
  to  amend  chapter  174  of the laws of 1968 constituting the New York
  state urban development corporation  act,  in  relation  to  financing
  economic  development  and regional initiatives and in relation to the
  issuance of bonds or notes for the purpose of  funding  project  costs
  for  regional  economic  development  council initiatives, communities
  impacted by the closure of New  York  state  prison  and  correctional
  facilities  and  other states' costs associated with such projects; 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; and
  providing for the repeal of certain provisions upon expiration thereof
  (Part N); and to repeal section 99-d of the state finance law,  relat-
  ing to community projects fund (Part O)

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

  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 O. 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. 2807                             5                            A. 4007

  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
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:

S. 2807                             6                            A. 4007

  (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
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:

S. 2807                             7                            A. 4007

  (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
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-

S. 2807                             8                            A. 4007

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,
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:

S. 2807                             9                            A. 4007

  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
September  1, [2011] 2014 when upon such date the provisions of this act
shall be deemed repealed.
  S 22. 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
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

S. 2807                            10                            A. 4007

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, 2011, when it shall expire
and be deemed repealed].
  S 2. This act shall take effect immediately.

                                 PART C

  Section 1. Section 79-a of the correction law, as amended by section 1
of part H of chapter 56 of the laws of  2009,  is  amended  to  read  as
follows:
  S  79-a.  Closure  of  correctional  facilities[;  notice]. Before the
closure of any correctional facility,[,] for reasons  other  than  those
set forth in paragraph (a) of subdivision eight of section forty-five of
this chapter, the commissioner shall [take the following actions:
  1.] confer with the department of civil service, the governor's office
of employee relations and any other appropriate state agencies to devel-
op strategies which attempt to minimize the impact of the closure on the
state work force[;
  2.  consult  with the department of economic development and any other
appropriate state agencies to develop strategies which attempt to  mini-
mize  the  impact  of such closures on the local and regional economies;
and
  3. provide notice by certified mail to (i) all  local  governments  of
any political subdivision in which the correctional facility is located,
(ii)  all employee labor organizations operating within, or representing
employees of, the correctional facility, and (iii) managerial and confi-
dential employees employed within the  correctional  facility  at  least
twelve months prior to any such closure].
  S  2.  Section  79-b of the correction law, as amended by section 1 of
part MM of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:
  S  79-b.  [Adaptive  reuse  plan  for  consideration  prior  to prison
closure] ECONOMIC TRANSFORMATION PROGRAM.   Not later  than  six  months
[prior  to  the  effective  date of] AFTER THE closure of a correctional
facility, the [commissioner of economic  development]  CHAIRMAN  OF  THE
URBAN  DEVELOPMENT  CORPORATION  shall[,]  SUBMIT  A  PLAN  DEVELOPED in
consultation with the [commissioner, the commissioners of civil service,
general services and the division  of  criminal  justice  services,  the
director  of  the  governor's office of employee relations, officials of
all local governments of any political subdivision in which the  correc-
tional  facility  is located and any other appropriate state agencies or
authorities, provide a report for an adaptive reuse plan for any facili-
ty slated for closure which will evaluate the community  impact  of  the
proposed closure including but not limited to the following factors: the
potential  to utilize the property for another state government purpose,
including for a new purpose  as  part  of  the  state  criminal  justice
system;  potential  for  the sale or transfer of the property to a local
government or other governmental entity; potential for the sale  of  the
property  to  a private entity for development into a business, residen-
tial or other purpose; community input for local  development;  and  the

S. 2807                            11                            A. 4007

condition  of  the  facility  and  the  investments required to keep the
structure in good repair, or to  make  it  viable  for  reuse]  REGIONAL
DEVELOPMENT COUNCIL REPRESENTING THE IMPACTED COMMUNITY. SUCH PLAN SHALL
CONTAIN  RECOMMENDATIONS  TO MINIMIZE THE ECONOMIC IMPACT OF THE CLOSURE
ON THE COMMUNITY IN WHICH THE CLOSED FACILITY IS LOCATED.
  S 3. This act shall take effect immediately.

                                 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;
  (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
development, 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
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)] (C) 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)] (D) [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-

S. 2807                            12                            A. 4007

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  4-126 of the election law is
REPEALED.
  S 2. 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
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 3. 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]

S. 2807                            13                            A. 4007

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 4. 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
[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

S. 2807                            14                            A. 4007

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
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-

S. 2807                            15                            A. 4007

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; OR (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. 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-
tion of an employer OR GROUP OF EMPLOYERS to pay such  compensation  for

S. 2807                            16                            A. 4007

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.  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, includ-
ing liability owed to the superintendent of insurance pursuant to  arti-
cle  [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  3.  Paragraph  9  of  subdivision 3-a of section 50 of the workers'
compensation law is REPEALED and paragraph 2  and  subparagraph  (a)  of
paragraph  7, 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:
  (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

S. 2807                            17                            A. 4007

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
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

S. 2807                            18                            A. 4007

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
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

S. 2807                            19                            A. 4007

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, PROVIDED THE INITIAL DEPOSIT SHALL BE MADE BY NOVEMBER
FIRST, TWO THOUSAND ELEVEN;
  (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  FOUR  OUT  OF  THE  PREVIOUS  FIVE
YEARS,  AS DETERMINED BY THE CHAIR FOLLOWING A FINANCIAL REVIEW, AND THE
GROUP SELF-INSURER 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
CHAIR.
  (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) FORMER GROUP SELF-INSURER. ANY GROUP SELF-INSURER THAT HAS CEASED
TO  SELF-INSURE,  OR HAS CEASED TO SELF-INSURE ANY NEW LIABILITIES AFTER
JANUARY FIRST, TWO THOUSAND TWELVE IN ACCORDANCE WITH PARAGRAPH  TWO  OF
THIS  SUBDIVISION,  SHALL  REMAIN  SUBJECT TO ALL THE PROVISIONS OF THIS
SUBDIVISION AND THE REGULATIONS ISSUED PURSUANT THERETO AND ANY  ASSESS-

S. 2807                            20                            A. 4007

MENTS PROVIDED FOR BY THIS SECTION UNTIL SUCH TIME AS THE GROUP SELF-IN-
SURER NO LONGER POSSESSES ANY LIABILITIES.
  (12)  ANY  NON-MUNICIPAL  GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE
UNDER PARAGRAPH TEN OF THIS SECTION ON OR AFTER JANUARY FIRST, TWO THOU-
SAND 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  4.  Subparagraph 2 of paragraph b of subdivision 5 of section 50 of
the workers' compensation law is REPEALED.
  S 5. 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
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 6. 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:

S. 2807                            21                            A. 4007

  (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-
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.]

S. 2807                            22                            A. 4007

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 7.  This act shall take effect immediately; provided  that  sections
one  and  six  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
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.

S. 2807                            23                            A. 4007

                                 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

  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. 2807                            24                            A. 4007

  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;
  (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;

S. 2807                            25                            A. 4007

  (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
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:

S. 2807                            26                            A. 4007

  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].
  (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

S. 2807                            27                            A. 4007

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.
  (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

S. 2807                            28                            A. 4007

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
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

S. 2807                            29                            A. 4007

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
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

S. 2807                            30                            A. 4007

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
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

S. 2807                            31                            A. 4007

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

  Section  1.  Section 25 of the state finance law is amended to read as
follows:
  S 25. Reappropriation  bills.    Every  appropriation  reappropriating
moneys  shall set forth clearly the year, chapter and part or section of
the act by which such appropriation was originally made, a brief summary
of the purposes of such original appropriation, and  the  year,  chapter
and  part  or  section  of  the  last  act, if any, reappropriating such
original appropriation or any part thereof, and the amount of such reap-
propriation.
  If it is proposed to change in any detail the purpose  for  which  the
original  appropriation  was made, the bill as submitted by the governor
shall show clearly [any] such change.
  ALL REAPPROPRIATIONS, WITH THE EXCEPTION OF REAPPROPRIATIONS FOR CAPI-
TAL PROJECTS FUNDS AND FEDERAL FUNDS, SHALL LAPSE FIVE YEARS  AFTER  THE
DATE  UPON  WHICH  THE  ORIGINAL APPROPRIATION WOULD LAPSE IN ACCORDANCE
WITH SECTION FORTY OF THIS CHAPTER AND  SECTION  NINETY-NINE-D  OF  THIS
CHAPTER,  AS  ADDED  BY CHAPTER FOUR HUNDRED SEVENTY-FOUR OF THE LAWS OF
NINETEEN HUNDRED NINETY-SIX, AND NO MONIES SHALL  BE  PAID  OUT  OF  THE
STATE  TREASURY  OR  ANY  OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
PURSUANT TO SUCH APPROPRIATIONS.
  S 2. This act shall take effect April 1, 2012.

                                 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):

S. 2807                            32                            A. 4007

  a. State parks infrastructure account (01).
  6. Clean water/clean air implementation fund (079).
  7. State lottery fund (160):
  a. Education - New (03).
  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).

S. 2807                            33                            A. 4007

  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).
  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).

S. 2807                            34                            A. 4007

  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).
  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).

S. 2807                            35                            A. 4007

  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
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).

S. 2807                            36                            A. 4007

  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).
  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).

S. 2807                            37                            A. 4007

  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).
  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.  $148,000,000  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).

S. 2807                            38                            A. 4007

  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).
  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.  $60,000,000  from  any account within the special revenue federal
funds receiving money pursuant to federal Medicare Part D legislation to
the general fund.
  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-

S. 2807                            39                            A. 4007

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).
  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).

S. 2807                            40                            A. 4007

  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.
  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:

S. 2807                            41                            A. 4007

  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).
  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 miscellaneous special revenue fund
(339) 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. 2807                            42                            A. 4007

  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,
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

S. 2807                            43                            A. 4007

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
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. Notwithstanding any provision of law to the contrary, the  foun-
dation  for  science,  technology and innovation, as deemed feasible and
advisable by its board of directors, is authorized and directed to  make
a  contribution  to the state treasury to the credit of the general fund
in the amount of $500,000 for the fiscal year commencing April 1, 2011.
  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-

S. 2807                            44                            A. 4007

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
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. 2807                            45                            A. 4007

  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
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

S. 2807                            46                            A. 4007

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
$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

S. 2807                            47                            A. 4007

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
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

S. 2807                            48                            A. 4007

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
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

S. 2807                            49                            A. 4007

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
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

S. 2807                            50                            A. 4007

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
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 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  appropriation  or
reappropriation  authorized by chapter 55 of the laws of 2007 for Harri-
man 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  appropriation  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

S. 2807                            51                            A. 4007

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
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

S. 2807                            52                            A. 4007

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
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

S. 2807                            53                            A. 4007

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
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

S. 2807                            54                            A. 4007

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,
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,

S. 2807                            55                            A. 4007

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,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development   corporation  for  capital  appropriation  of  $130,550,000
authorized by a chapter of the laws of 2011  to  the  urban  development
corporation  for  services and expenses related to the regional economic
development council initiative, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital  appro-
priation  of $100,000,000 authorized by a chapter of the laws of 2011 to
the urban development corporation for services and expenses  related  to
the economic transformation program.
  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.
  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

S. 2807                            56                            A. 4007

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.
  (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]. 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:

S. 2807                            57                            A. 4007

  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-
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;] 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,

S. 2807                            58                            A. 4007

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
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

S. 2807                            59                            A. 4007

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
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

S. 2807                            60                            A. 4007

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
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. 2807                            61                            A. 4007

  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
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

S. 2807                            62                            A. 4007

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. Subdivision 5 of section 3234 of the public authorities law, as
amended by chapter 81 of the laws 2002, is amended to read as follows:
  5. A majority of the whole number of directors then  in  office  shall
constitute  a quorum for the transaction of any business or the exercise
of any power of the corporation. Except as otherwise specified  in  this
title,  for the transaction of any business or the exercise of any power
of the corporation, the corporation shall have power to act by a majori-
ty of the directors present at any meeting  at  which  a  quorum  is  in
attendance;  provided  that  one  or more directors may participate in a
meeting by means  of  conference  telephone  or  similar  communications
equipment  allowing  all  directors participating in the meeting to hear
each other at the same  time  and  participation  by  such  means  shall
constitute  presence  in  person  at  a meeting. A unanimous vote of all
directors THEN IN OFFICE shall be required for approval of a  resolution
authorizing  the issuance of bonds or notes or any supplemental or amen-
datory resolution.  The corporation may delegate to one or more  of  its
directors,  or officers, agents and employees, such powers and duties as
the directors may deem proper. Five days notice shall be given  to  each
director and nonvoting representative prior to any meeting of the corpo-
ration.
  S  48.  Paragraph  (e)  of subdivision 1 of section 3236 of the public
authorities law, as amended by chapter 219  of  the  laws  of  1999,  is
amended to read as follows:
  (e)  Such bonds shall be sold to the bidder offering the lowest inter-
est cost to the corporation, taking into consideration  any  premium  or
discount  and,  in  the  case  of refunding bonds, the bona fide initial
public offering price, not less than four nor more  than  fifteen  days,
Sundays  excepted,  after  a  notice  of such sale has been published at
least once in a definitive  trade  publication  of  the  municipal  bond
industry  published  on each business day in the state of New York which
is generally available to participants in the municipal  bond  industry,
which  notice shall state the terms of the sale. The corporation may not
change the terms of the sale unless notice of such change is sent via  a
definitive  trade  wire service of the municipal bond industry which, in
general, makes available information regarding  activity  and  sales  of
municipal bonds and is generally available to participants in the munic-
ipal  bond industry, at least one [day] HOUR prior to the [date] TIME of
the sale as set forth in the original notice of sale. In so changing the
terms or conditions of a sale the corporation may send  notice  by  such
wire  service  that  the  sale  will  be  delayed  by up to thirty days,
provided that wire notice of the new sale date will be  given  at  least
one  business  day  prior to the new time when bids will be accepted. In
such event, no new notice of sale shall be  required  to  be  published.
Advertisements  shall  contain a provision to the effect that the corpo-
ration, in its discretion, may reject any or all bids made in  pursuance
of  such  advertisements, and in the event of such rejection, the corpo-
ration is authorized to negotiate a private sale or readvertise for bids
in the form and manner above described as many times as,  in  its  judg-
ment,  may  be necessary to effect a satisfactory sale.  Notwithstanding
the foregoing provisions of this paragraph, whenever in the judgment  of
the corporation the interests of the corporation will be served thereby,
the  corporation  may  sell bonds at private sale. The corporation shall
promulgate regulations governing the terms and conditions  of  any  such
private  sales, which regulations shall include a provision that it give

S. 2807                            63                            A. 4007

notice to the governor, the temporary president of the senate,  and  the
speaker  of  the  assembly of its intention to conduct a private sale of
obligations pursuant to this section not less than five  days  prior  to
such sale or the execution of any binding agreement to effect such sale.
  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.  Section  21-e of chapter 432 of the laws of 1997, amending the
state finance law and other laws relating to the issuance  of  bonds  or
notes  for community enhancement facilities projects, is amended to read
as follows:
  S 21-e.   Notwithstanding the provisions  of  any  other  law  to  the
contrary,  the authority is hereby authorized to issue bonds or notes in
one or more series for the purpose of funding project  costs  or  making
grants,  loans or combinations thereof for community enhancement facili-
ties projects. The aggregate principal amount of bonds authorized to  be
issued  pursuant  to this section shall not exceed four hundred [twenty-
five] SEVEN million dollars total for all issuing authorities, 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.  Such  bonds  and
notes  of  the authority 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 authority for debt
service and related expenses pursuant to a  service  contract  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 51. Subdivision (a) of section 1 of part T of chapter 84 of the laws
of 2002, relating to authorizing the New York  state  urban  development
corporation  and  the  dormitory  authority  of the state of New York to
issue bonds or notes for the purpose of financing certain project costs,
is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding any other provision of law to the contrary, the New York
state  urban  development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes  in  one
or  more series in an aggregate principal amount, subject to the limita-
tions  contained  in  section  eight  of  this  act,   not   to   exceed
[$1,200,000,000]  $1,195,146,000  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 purposes of financing project costs
authorized under this act. Such bonds and notes of  the  corporation  or
the  dormitory  authority 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 or the
authority for debt service and related expenses pursuant to any  service
contract executed pursuant to subdivision (b)  of this section, and such

S. 2807                            64                            A. 4007

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. All of the provisions of the New York
state urban development corporation act and the dormitory authority  act
relating  to  bonds  and  notes  which  are  not  inconsistent  with the
provisions of this section shall apply to obligations authorized by this
section, including but not limited to the power  to  establish  adequate
reserves  therefore and to issue renewal notes or refunding bonds there-
of. The issuance of any  bonds  or  notes  hereunder  shall  further  be
subject to the approval of the director of the division of the budget.
  S  52. Subdivision (a) of section 27 of chapter 3 of the laws of 2004,
relating to authorizing the New York state urban development corporation
and the dormitory authority of the state of New York to issue  bonds  or
notes, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
State urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$350,000,000]  $290,000,000  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 economic develop-
ment projects outside cities with a population of one million  or  more.
Such bonds and notes of the corporation or the dormitory authority 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 or  the  dormitory  authority  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.  All of the provisions of the New York state urban develop-
ment corporation act and the dormitory authority act relating  to  bonds
and notes which are not inconsistent with the provisions of this section
shall apply to obligations authorized by this section, including but not
limited  to  the  power  to  establish adequate reserves therefor and to
issue renewal notes or refunding bonds  thereof.  The  issuance  of  any
bonds or notes hereunder shall further be subject to the approval of the
director of the division of the budget.
  S 53. Subdivision (a) of section 1 of part X of chapter 59 of the laws
of  2004,  relating  to authorizing the New York state urban development
corporation and the dormitory authority of the  state  of  New  York  to
issue bonds or notes, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
State urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$250,000,000]  $243,000,000  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 projects cost of
the Empire Opportunity Fund; Rebuilding the Empire State Through  Oppor-

S. 2807                            65                            A. 4007

tunities  in  Regional  Economies  (RESTORE)  New  York Program; and the
Community Capital Assistance Program authorized pursuant to  Part  T  of
chapter  84 of the laws of 2002. Such bonds and notes of the corporation
or  the  dormitory  authority  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 or
the dormitory authority 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. All of the provisions of
the New York state urban development corporation act and  the  dormitory
authority  act  relating  to  bonds and notes which are not inconsistent
with the provisions of this section shall apply to  obligations  author-
ized  by  this section, including but not limited to the power to estab-
lish adequate reserves therefor and to issue renewal notes or  refunding
bonds  thereof.  The  issuance  of  any  bonds  or notes hereunder shall
further be subject to the approval of the director of  the  division  of
the budget.
  S 54. Subdivision (a) of section 1 of part T of chapter 59 of the laws
of  2005, relating to the urban development corporation bonding authori-
ty, as added by section 3 of part C of chapter 63 of the laws  of  2005,
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 the urban develop-
ment corporation or the dormitory  authority  is  hereby  authorized  to
issue  bonds  or  notes  in one or more series in an aggregate principal
amount not to exceed [$250,000,000] $176,661,000 excluding bonds  issued
to finance one or more debt service reserve funds, to pay costs of issu-
ance  of  such  bonds,  and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued, for the  purpose  of  reim-
bursing  the  state capital projects fund disbursements made pursuant to
appropriations for the New York state high  technology  and  development
program, pursuant to a memorandum of understanding to be executed by the
governor,  the temporary president of the senate, and the speaker of the
assembly, and further provided that the proceeds of such bonds or  notes
are  authorized  to be utilized to finance grants, loans or combinations
thereof pursuant to the New York state high technology  and  development
program,  as  appropriated  by  a  chapter of the laws of 2005. Eligible
project costs may include, but not be limited to  the  cost  of  design,
financing,  site  acquisition and preparation, demolition, construction,
rehabilitation, acquisition of machinery and equipment, parking  facili-
ties,  and  infrastructure.  Such  bonds  and  notes  of such authorized
issuers 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  such  authorized  issuers  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 55. Subdivision (a) of section 1 of part S of chapter 59 of the laws
of 2005, relating to the authority of the urban development  corporation

S. 2807                            66                            A. 4007

and  the  dormitory authority to issue bonds, as amended by section 1 of
part C of chapter 63 of the laws of 2005, 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, the urban  devel-
opment  corporation  or  the dormitory authority is hereby authorized to
issue bonds or notes in one or more series  in  an  aggregate  principal
amount not to exceed [$90,000,000] $88,344,000 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  reimbursing
the state capital projects fund disbursements made pursuant to appropri-
ations for the regional economic development program pursuant to a memo-
randum  of  understanding  to be executed by the governor, the temporary
president of the senate, and the speaker of the assembly.  The  proceeds
of  such bonds or notes are authorized to be utilized to finance grants,
loans or combinations thereof pursuant to the regional economic develop-
ment program, as appropriated by a chapter of the laws of 2005. Eligible
project costs may include, but not be limited to  the  cost  of  design,
financing,  site investigations, site acquisition and preparation, demo-
lition,  construction,  rehabilitation,  acquisition  of  machinery  and
equipment, and infrastructure improvements. Such bonds and notes of such
authorized issuers 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 such authorized issuers 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 56. Subdivision (a) of section 43 of chapter  161  of  the  laws  of
2005, amending the education law and other laws relating to the issuance
of bonds or notes, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
state urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$75,000,000]  $48,517,000 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  economic  development
projects  outside  cities with a population of one million or more. Such
bonds and notes of the corporation or the dormitory authority 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 or the dormitory authority 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.  All of the provisions of the New York state urban develop-
ment corporation act and the dormitory authority act relating  to  bonds
and notes which are not inconsistent with the provisions of this section
shall apply to obligations authorized by this section, including but not

S. 2807                            67                            A. 4007

limited  to  the  power  to establish adequate reserves therefore and to
issue renewal notes or refunding bonds  thereof.  The  issuance  of  any
bonds or notes hereunder shall further be subject to the approval of the
director of the division of the budget.
  S  57.  Subdivision 1 of section 43 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration  act,  as  amended  by section 48 of part PP of chapter 56 of the
laws of 2009, is amended read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  dormitory  authority  and  the corporation are hereby authorized to
issue bonds or notes in one or more series for the  purpose  of  funding
project costs for various economic development and regional initiatives,
the  upstate regional blueprint fund, the downstate revitalization fund,
the upstate agricultural economic  fund,  the  New  York  state  capital
assistance  program,  the New York state economic development assistance
program and other state costs associated with such projects. The  aggre-
gate  principal amount of bonds authorized to be issued pursuant to this
section shall not exceed one billion [three] TWO hundred  [ten]  SEVENTY
million  SEVEN  HUNDRED  EIGHTY-TWO  THOUSAND  dollars,  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. Such bonds and notes of the
dormitory  authority  and  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 dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract 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  58.  Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 44 to read as follows:
  S 44. 1. NOTWITHSTANDING THE  PROVISIONS  OF  ANY  OTHER  LAW  TO  THE
CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR-
IZED  TO  ISSUE  BONDS OR NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF
FUNDING PROJECT COSTS FOR  THE  REGIONAL  ECONOMIC  DEVELOPMENT  COUNCIL
INITIATIVE,  THE  ECONOMIC  TRANSFORMATION PROGRAM AND OTHER STATE COSTS
ASSOCIATED WITH SUCH PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT  OF  BONDS
AUTHORIZED  TO  BE  ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED TWO
HUNDRED THIRTY MILLION FIVE HUNDRED FIFTY  THOUSAND  DOLLARS,  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. SUCH BONDS AND
NOTES OF THE DORMITORY AUTHORITY AND 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 DORMITORY AUTHORITY AND THE CORPORATION FOR PRINCIPAL,  INTEREST,
AND  RELATED  EXPENSES PURSUANT TO A SERVICE CONTRACT 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.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-

S. 2807                            68                            A. 4007

ING THE FINANCING FOR PROJECT COSTS FOR THE REGIONAL  ECONOMIC  DEVELOP-
MENT  COUNCIL  INITIATIVE, THE ECONOMIC TRANSFORMATION PROGRAM AND OTHER
STATE COSTS ASSOCIATED WITH SUCH PROJECTS, THE DIRECTOR OF THE BUDGET IS
HEREBY  AUTHORIZED  TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE
DORMITORY AUTHORITY AND THE CORPORATION,  NONE  OF  WHICH  SHALL  EXCEED
THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR
OF  THE BUDGET AND THE DORMITORY AUTHORITY AND THE CORPORATION AGREE, SO
AS TO ANNUALLY PROVIDE TO THE DORMITORY AUTHORITY AND  THE  CORPORATION,
IN  THE  AGGREGATE,  A  SUM  NOT  TO EXCEED THE PRINCIPAL, INTEREST, AND
RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE CONTRACT
ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE  OBLIGATION
OF  THE  STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT CONSTITUTE A
DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL OR  STATUTORY
PROVISION  AND  SHALL  BE  DEEMED EXECUTORY ONLY TO THE EXTENT OF MONIES
AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY  THE  STATE  BEYOND
THE  MONIES  AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPROPRIATION
BY THE LEGISLATURE.  ANY SUCH CONTRACT OR ANY PAYMENTS  MADE  OR  TO  BE
MADE  THEREUNDER  MAY BE ASSIGNED AND PLEDGED BY THE DORMITORY AUTHORITY
AND THE CORPORATION AS SECURITY FOR ITS BONDS AND NOTES,  AS  AUTHORIZED
BY THIS SECTION.
  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;
and provided further that section forty-seven of  this  act  shall  take
effect  on  the  same  date as the reversion of subdivision 5 of section
3234 of the public authorities law as provided in section 3  of  chapter
48 of the laws of 2010, as amended.

                                 PART O

  Section  1. Section 99-d of the state finance law, as added by chapter
474 of the laws of 1996, is REPEALED.
  S 2. On or after September 16, 2011, the comptroller is hereby author-
ized and directed to transfer all remaining  monies  not  yet  disbursed
from the designated accounts authorized under subdivision one of section
99-d  of  the state finance law, as repealed by section one of this act,
to the general fund/state purposes account.
  S 3. This act shall take effect September 16, 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

S. 2807                            69                            A. 4007

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 O of this act shall  be
as specifically set forth in the last section of such Parts.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.