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

    S. 15                                                      A. 15

                     Twentieth Extraordinary Session

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

                            November 25, 2009
                               ___________

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 authorizing the commissioner of taxation and finance to adminis-
  ter an accounts receivable discount program with  respect  to  certain
  overdue  tax  liabilities  (Part  A);  to amend the education law, the
  general municipal law and chapter 57 of the laws of 2009 amending  the
  education  law  and  other  laws relating to special apportionment for
  salary expenses, in relation to creating the gap  elimination  adjust-
  ment  (Part  B);  to  amend the education law, in relation to reducing
  tuition award amounts for the tuition assistance program (Part C);  to
  amend the social services law, in relation to the standards of monthly
  need  for the aged, blind, and disabled persons (Part D); to amend the
  insurance law, in relation to state  funding  of  expenses  associated
  with  mental  health parity coverage mandated for small business group
  health insurance plans (Part E); to amend the public authorities  law,
  in  relation  to  authorizing  the battery park city authority to make
  contributions to the state treasury (Part  F);  to  amend  the  public
  health  law  and  chapter 109 of the laws of 2006, amending the social
  services law and other laws relating to  Medicaid  reimbursement  rate
  settings,  in relation to establishing a workgroup pertaining to Medi-
  caid reimbursement rate-setting for residential health care facilities
  for future periods and providing for periodic reports by  such  group;
  and  relating  to  the reduction of certain payments under the medical
  assistance program and notification timeframes (Part G); and to  amend
  chapter  56 of the laws of 2009 relating to providing for the adminis-
  tration of certain funds and accounts related to the  2009-10  budget,
  in  relation  to authorizing the state comptroller to transfer certain
  monies to the general fund (Part H)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12146-03-9
              

S. 15                               2                              A. 15

  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 2009-2010
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through H. 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. (a) Notwithstanding the provisions of any other law to the
contrary, there is hereby established an  accounts  receivable  discount
program  as described in this section, to be administered by the commis-
sioner of taxation and finance, and  to  be  effective  for  the  period
prescribed by such commissioner, for all eligible taxpayers as described
in  this  section  owing  any tax, fee, or surcharge imposed or formerly
imposed by, or authorized under, the tax law, and  administered  by  the
commissioner of taxation and finance.
  (b)  For  purposes  of  the  accounts  receivable discount program, an
eligible taxpayer is an individual, partnership, estate,  trust,  corpo-
ration,  limited  liability  company,  joint stock company, or any other
company, trustee, receiver,  assignee,  referee,  society,  association,
business  or  any other person as described in the tax law, who or which
has a tax liability with regard to one or more taxes, fees or surcharges
that meet the conditions described in this section. However, a  taxpayer
who  or  that has been convicted of crime under the tax law or the penal
law, and who or that is subject to a court order to pay a tax  liability
as  a  result of that conviction, is not eligible to participate in this
program.
  (c) For purposes of  the  accounts  receivable  discount  program,  an
eligible  tax  liability is one that has become fixed and final, and for
which an assessment or final  determination  was  issued  on  or  before
December  31,  2006.  An  eligible  tax  liability  shall not include an
assessment or final determination that includes any  of  the  following:
(1)  any  fraud penalty imposed under the tax law; (2) a penalty imposed
under section 11 of part N of chapter 61 of the  laws  of  2005;  (3)  a
penalty  imposed  under  subsection (e), (g), (p), (p-1), (r), (x), (y),
(z), (aa) or (bb) of section 685 of  the  tax  law;  or  (4)  a  penalty
imposed under subsection (f), (k), (k-1), (l), (p), (q), (r), (s) or (t)
of section 1085 of the tax law.
  (d)  The amount due under the accounts receivable discount program for
an eligible tax liability for which an assessment or final determination
was issued after December 31, 2003 and on or before  December  31,  2006
must  include  the  underlying  tax  liability  and fifty percent of the
accrued interest and penalty (including the additional rate of  interest
prescribed  under  section  1145  of  the  tax  law, referred to in this
section as "interest penalty"). The amount due under this program for an
eligible tax liability for which an assessment  or  final  determination
was  issued  on  or before December 31, 2003 must include the underlying

S. 15                               3                              A. 15

tax liability and twenty percent of the  accrued  interest  and  penalty
(including interest penalty).
  (e)  The  commissioner  of  taxation  and  finance  shall identify the
assessments and final determinations with tax liabilities  eligible  for
the  accounts  receivable  discount  program  described in this section,
compute the total amount of tax, interest, and  penalty  due  under  the
accounts  receivable  discount  program on each such assessment or final
determination, and notify eligible taxpayers of  the  amount  due  under
this  program  for  each  such  assessment  or  final determination. The
discount of a percentage of  interest  and  penalty  described  in  this
section  will  not be granted to any taxpayer for any such assessment or
final determination unless the taxpayer pays  in  full  the  amount  due
under  this  program  for  that  assessment or final determination on or
before the date prescribed by the commissioner.
  (f) Under the accounts receivable discount program,  payment  will  be
made by eligible taxpayers with eligible tax liabilities in the form and
manner  prescribed  by  the  commissioner of taxation and finance.  Upon
payment in full by the date prescribed by the commissioner  of  taxation
and  finance  of  the  amount due under the accounts receivable discount
program for an eligible tax liability, the taxpayer's liability for that
assessment or final determination will be deemed to  be  paid  in  full.
Failure  to  pay  the  full  amount  due  under this program by the date
prescribed by the commissioner of taxation and finance  will  disqualify
an  eligible  tax  liability from receiving the discount of interest and
penalty described in this section.
  (g) No refund will be granted or credit allowed with  respect  to  any
penalty  or interest paid prior to the time the taxpayer participates in
the accounts receivable discount program.
  (h) No refund will be granted or credit allowed with  respect  to  any
tax  liability, including any applicable interest or penalty, paid under
the accounts receivable discount program.
  (i) If an eligible taxpayer has entered into  an  installment  payment
agreement  that  applies  to an eligible tax liability, the taxpayer may
participate in the accounts receivable discount program with respect  to
that  liability,  if the taxpayer pays the amount due under the accounts
receivable discount program in  full  by  the  date  prescribed  by  the
commissioner of taxation and finance.
  S 2. This act shall take effect immediately.

                                 PART B

  Section  1. The education law is amended by adding a new section 308-a
to read as follows:
  S 308-A. SPECIAL PROVISIONS; MANDATES. 1. AS  USED  IN  THIS  SECTION,
"MANDATE"  MEANS  (A)  ANY STATE LAW, RULE OR REGULATION WHICH CREATES A
NEW PROGRAM OR REQUIRES A  HIGHER  LEVEL  OF  SERVICE  FOR  AN  EXISTING
PROGRAM  WHICH  A  SCHOOL  DISTRICT, ORGANIZED EITHER BY SPECIAL LAWS OR
PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE, OR
  (B) ANY GENERAL LAW WHICH GRANTS  A  NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  2. IN THE EVENT THAT A MANDATE WHICH IMPOSES  A  COST  UPON  A  SCHOOL
DISTRICT  IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH MANDATE
SHALL BE IMPLEMENTED NO SOONER THAN THE FOLLOWING YEAR  FOR  WHICH  SUCH
SCHOOL BUDGET WAS ADOPTED.

S. 15                               4                              A. 15

  3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN
BE IMPOSED IF:
  (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO-
RY;
  (B)  THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (C) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT  IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE  ORDER  IMPOSES  COSTS  WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
  S 2. Subdivision 1 of section 3609-a of the education law  is  amended
by adding a new paragraph d to read as follows:
  D.  GAP  ELIMINATION  ADJUSTMENT  AND  SUPPLEMENTAL  DEFICIT REDUCTION
ASSESSMENT FOR TWO THOUSAND NINE--TWO  THOUSAND  TEN  SCHOOL  YEAR.  (1)
NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE STATE
COMPTROLLER SHALL REDUCE PAYMENTS DUE TO EACH DISTRICT FOR THE TWO THOU-
SAND NINE--TWO THOUSAND TEN SCHOOL YEAR PURSUANT TO THIS SECTION  BY  AN
AMOUNT  EQUAL TO THE GAP ELIMINATION ADJUSTMENT AND SUPPLEMENTAL DEFICIT
REDUCTION ASSESSMENT COMPUTED FOR SUCH DISTRICT, AND SUCH  AMOUNT  SHALL
BE  DEDUCTED  FROM  MONEYS APPORTIONED FOR THE PURPOSES OF PAYMENTS MADE
PURSUANT TO THIS SECTION AND IF THE REDUCTION IS GREATER THAN THE SUM OF
THE  AMOUNTS  AVAILABLE  FOR  SUCH  DEDUCTIONS,  THE  REMAINDER  OF  THE
REDUCTION  SHALL  BE  WITHHELD FROM PAYMENTS SCHEDULED TO BE MADE TO THE
DISTRICT PURSUANT TO THIS SECTION FOR THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR, AND PROVIDED FURTHER THAT AN  AMOUNT  EQUAL  TO  THE
AMOUNT  OF  SUCH  DEDUCTION  SHALL  BE  DEEMED  TO HAVE BEEN PAID TO THE
DISTRICT PURSUANT TO THIS SECTION FOR THE  SCHOOL  YEAR  IN  WHICH  SUCH
DEDUCTION  IS  MADE. THE COMMISSIONER SHALL COMPUTE SUCH GAP ELIMINATION
ADJUSTMENT AND  SUPPLEMENTAL  DEFICIT  REDUCTION  ASSESSMENT  AND  SHALL
PROVIDE  A  SCHEDULE  OF  SUCH  REDUCTION IN PAYMENTS TO THE STATE COMP-
TROLLER, THE DIRECTOR OF THE BUDGET, THE CHAIR  OF  THE  SENATE  FINANCE
COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
  (2) THE GAP ELIMINATION ADJUSTMENT FOR TWO THOUSAND NINE--TWO THOUSAND
TEN  SCHOOL  YEAR  SHALL BE THE PRODUCT OF THE TOTAL AID FOR ADJUSTMENT,
MULTIPLIED BY ONE AND  FIVE  HUNDRED  EIGHTY-TWO  ONE-THOUSANDTHS  OF  A
PERCENT  (0.01582). FOR THE PURPOSES OF SUCH COMPUTATION, "TOTAL AID FOR
ADJUSTMENT" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH FOR EACH  SCHOOL
DISTRICT AS "2009-10 FORMULA TOTAL" UNDER THE HEADING "2009-10 BASE YEAR
AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT  OF A CHAPTER OF THE LAWS OF TWO THOUSAND NINE ENACTING SUCH GAP
ELIMINATION ADJUSTMENT.
  (3) THE SUPPLEMENTAL DEFICIT REDUCTION ASSESSMENT SHALL BE COMPUTED AS
THE PRODUCT OF THIRTY-FIVE AND SIXTY-TWO  ONE-HUNDREDTHS  OF  A  PERCENT
(0.3562)  MULTIPLIED  BY  THE  ABSOLUTE  VALUE  OF THE DEFICIT REDUCTION
ASSESSMENT ESTABLISHED PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION.
  S 3. Supplemental deficit reduction assessment restoration.   Notwith-
standing any other provision of law to the contrary, apportionments from
this section shall be supported from funds appropriated for such purpose
from the state fiscal stabilization fund-education fund as funded by the
American recovery and reinvestment act of 2009. For the purposes of this
section  the term "fiscal year", followed by a reference to a year shall
mean the period from July first of the preceding year to June  thirtieth
of the calendar year referenced.

S. 15                               5                              A. 15

  Funds  shall be apportioned to each school district in an amount equal
to the supplemental deficit reduction assessment  computed  pursuant  to
subparagraph  3 of paragraph d of subdivision 1 of section 3609-a of the
education law.
  Each district shall be eligible, pursuant to applicable federal rules,
regulations  and guidelines, for a payment for the 2009-2010 school year
of up to seventy percent (0.7) of such funds on or after  the  effective
date  of  this  act and up to an additional thirty percent (0.3) of such
funds on or after April 1, 2010.
  S 4.  Paragraph e of subdivision 1 of section 211-d of  the  education
law,  as  added  by  section  2-a of part A of chapter 57 of the laws of
2009, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing.  PROVIDED, HOWEVER, NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  THIS  SECTION  TO  THE  CONTRARY, THE AMOUNT TO BE
EXPENDED ON APPROVED PROGRAMS AND ACTIVITIES IN SUCH CONTRACT FOR EXCEL-
LENCE FOR THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR  SHALL  BE
NOT  LESS THAN THE PRODUCT OF THE AMOUNT APPROVED BY THE COMMISSIONER IN
THE DISTRICT'S CONTRACT FOR EXCELLENCE FOR THE BASE YEAR, MULTIPLIED  BY
THE  DISTRICT'S "GAP ELIMINATION ADJUSTMENT PERCENTAGE". FOR PURPOSES OF
THIS PARAGRAPH, THE "GAP ELIMINATION  ADJUSTMENT  PERCENTAGE"  SHALL  BE
CALCULATED AS THE SUM OF ONE MINUS THE QUOTIENT OF THE SCHOOL DISTRICT'S
"GAP  ELIMINATION  ADJUSTMENT"  AS  COMPUTED  PURSUANT TO PARAGRAPH D OF
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  NINE-A  OF  THIS  CHAPTER
DIVIDED  BY  THE  TOTAL AID FOR ADJUSTMENT COMPUTED PURSUANT TO SUBPARA-
GRAPH TWO OF PARAGRAPH  D  OF  SUBDIVISION  ONE  OF  SECTION  THIRTY-SIX
HUNDRED NINE-A OF THIS CHAPTER.
  S  5.  Section 6-p of the general municipal law is amended by adding a
new subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE  GOVERN-
ING  BOARD  OF  A SCHOOL DISTRICT MAY, DURING THE TWO THOUSAND NINE--TWO
THOUSAND TEN SCHOOL YEAR, AUTHORIZE A WITHDRAWAL FROM THIS  FUND  IN  AN
AMOUNT NOT TO EXCEED THE LESSER OF: (A) THE DOLLAR VALUE OF EXCESS FUND-
ING  IN  THE  FUND  AS DETERMINED BY THE COMPTROLLER PURSUANT TO SECTION
THIRTY-THREE OF THIS CHAPTER OR (B) THE AMOUNT OF THE SCHOOL  DISTRICT'S
GAP  ELIMINATION  ADJUSTMENT AS CALCULATED BY THE COMMISSIONER OF EDUCA-
TION PURSUANT TO PARAGRAPH D OF SUBDIVISION ONE  OF  SECTION  THIRTY-SIX
HUNDRED  NINE-A  OF  THE EDUCATION LAW. FUNDS WITHDRAWN PURSUANT TO THIS
SUBDIVISION MAY ONLY BE USED FOR THE PURPOSE OF MAINTAINING  EDUCATIONAL
PROGRAMMING  DURING  THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR
WHICH OTHERWISE WOULD HAVE BEEN REDUCED AS A RESULT OF SUCH  GAP  ELIMI-
NATION  ADJUSTMENT.  GOVERNING BOARDS WHICH MAKE SUCH A WITHDRAWAL SHALL
SUBMIT, IN A FORM PRESCRIBED BY THE COMMISSIONER OF EDUCATION,  RELEVANT
INFORMATION ABOUT THE WITHDRAWAL, WHICH SHALL INCLUDE, BUT NOT BE LIMIT-
ED  TO,  THE  AMOUNT OF SUCH WITHDRAWAL, THE DATE OF WITHDRAWAL, AND THE
USE OF SUCH WITHDRAWN FUNDS.
  S 6. Subdivision 3 of section 33 of  the  general  municipal  law,  as
added  by  section  40  of  part A of chapter 57 of the laws of 2009, is
amended to read as follows:
  3. Examinations and report. In addition to the inspection and examina-
tion of certain accounts pursuant to this section, the  comptroller  [by

S. 15                               6                              A. 15

the  end  of]  DURING the [two thousand eleven--two thousand twelve] TWO
THOUSAND NINE--TWO THOUSAND TEN school year, shall also examine for  the
most  recent  school year [as] practicable, the employee benefit accrued
liability  reserve  funds  of  school  districts established pursuant to
section six-p of this chapter.    Such  examination  shall  be  for  the
purpose  of  determining  the amount of funding in the reserve fund, the
amount of liabilities against such fund and if there exist funds in  the
reserve  fund which are in excess of the total liabilities of such fund.
The comptroller shall notify the school district if  such  excess  funds
exist  and the dollar value of the excess funding. The comptroller shall
also prepare a report on the school districts with excess funds in their
employee benefit accrued liability reserve fund and the  amount  of  the
excess  funding  for  each district.   Such report shall be submitted by
July first, two thousand [twelve] TEN to the director of the budget, the
chair of the senate finance committee, the chair of  the  assembly  ways
and means committee and the commissioner of education.
  S  7.  Subdivision a of section 50 of part A of chapter 57 of the laws
of 2009, amending the education law and other laws relating  to  special
apportionment for salary expenses, is amended to read as follows:
  a. Notwithstanding any other provision of law, upon application to the
commissioner  of  education, not sooner than the first day of the second
full business week of June, 2010 and not later than the last day of  the
third  full  business week of June, 2010, a school district eligible for
an apportionment pursuant to section 3602 of the education law shall  be
eligible  to  receive an apportionment pursuant to this section, for the
school year ending June 30, 2010, for salary expenses  incurred  between
April  1  and June 30, 2010, and such apportionment shall not exceed THE
SUM OF (I) the deficit reduction assessment of 1990-91 as determined  by
the  commissioner of education, pursuant to paragraph f of subdivision 1
of section 3602 of the education law, as  in  effect  through  June  30,
1993, plus (II) 186 percent of such amount for a city school district in
a  city with a population in excess of 1,000,000 inhabitants [and], plus
(III) 209 percent of such amount for a city school district  in  a  city
with a population of more than 195,000 inhabitants and less than 219,000
inhabitants  according  to  the latest federal census, PLUS (IV) THE GAP
ELIMINATION ADJUSTMENT OF TWO THOUSAND NINE--TWO THOUSAND TEN, AS DETER-
MINED BY THE COMMISSIONER OF EDUCATION PURSUANT TO PARAGRAPH D OF SUBDI-
VISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THE EDUCATION LAW  AS
IN EFFECT THROUGH JUNE THIRTIETH, TWO THOUSAND TEN, and PROVIDED FURTHER
THAT  SUCH  APPORTIONMENT  shall  not  exceed such salary expenses. Such
application shall be made by a  school  district,  after  the  board  of
education or trustees have adopted a resolution to do so and in the case
of  a  city  school  district  in  a city with a population in excess of
125,000 inhabitants, with the approval of the mayor of such city.
  S 8. Mitigation of educational services impact. Each  school  district
shall  use, to the extent applicable, any unappropriated unreserved fund
balance to mitigate the impact of the  gap  elimination  adjustment.  In
addition,  any  programmatic  reductions  undertaken by school districts
after any unappropriated unreserved fund balance is fully allocated,  as
a  result  of  the enactment of the gap elimination adjustment shall, to
the extent possible, not impact educational services to children. School
districts shall report  to  the  commissioner  of  the  state  education
department,  in  a  manner  and  form as prescribed by the commissioner,
before July 1, 2010 to specify all the budgetary actions taken  by  each
school district due to the enactment of the gap elimination adjustment.
  S 9. This act shall take effect immediately.

S. 15                               7                              A. 15

                                 PART C

  Section  1.  Paragraph a of subdivision 3 of section 667 of the educa-
tion law is amended by adding  a  new  subparagraph  (vii)  to  read  as
follows:
  (VII) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I), (II), (III)
AND (VI) OF THIS PARAGRAPH, FOR ANY REMAINING SEMESTER, TRIMESTER, QUAR-
TER  OR  TERM OF ATTENDANCE DURING THE TWO THOUSAND NINE -- TWO THOUSAND
TEN ACADEMIC YEAR, AND FOR EACH ACADEMIC  YEAR  THEREAFTER,  EACH  AWARD
SHALL  BE  REDUCED  BY  A  TOTAL OF ONE HUNDRED TWENTY DOLLARS OR BY THE
ACTUAL AWARD WHEN SUCH AWARD IS LESS THAN ONE  HUNDRED  TWENTY  DOLLARS.
SUCH  AWARD  REDUCTION SHALL BE APPLIED PROPORTIONATELY TO REDUCE AWARDS
FOR EACH SEMESTER, TRIMESTER, QUARTER OR OTHER TERM OF ATTENDANCE DURING
WHICH A STUDENT RECEIVES AN AWARD IN THE ACADEMIC YEAR.
  S 2. Paragraph b of subdivision 3 of section 667 of the education  law
is amended by adding a new subparagraph (vi) to read as follows:
  (VI) NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, FOR ANY REMAIN-
ING  SEMESTER,  TRIMESTER,  QUARTER OR TERM OF ATTENDANCE DURING THE TWO
THOUSAND NINE -- TWO THOUSAND TEN ACADEMIC YEAR, AND FOR  EACH  ACADEMIC
YEAR  THEREAFTER,  EACH AWARD SHALL BE REDUCED BY A TOTAL OF ONE HUNDRED
TWENTY DOLLARS OR BY THE ACTUAL AWARD WHEN SUCH AWARD IS LESS  THAN  ONE
HUNDRED  TWENTY DOLLARS.   SUCH AWARD REDUCTION SHALL BE APPLIED PROPOR-
TIONATELY TO REDUCE AWARDS FOR  EACH  SEMESTER,  TRIMESTER,  QUARTER  OR
OTHER TERM OF ATTENDANCE DURING WHICH A STUDENT RECEIVES AN AWARD IN THE
ACADEMIC YEAR.
  S  3. Paragraph c of subdivision 3 of section 667 of the education law
is amended by adding a new subparagraph (vi) to read as follows:
  (VI) NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, FOR ANY REMAIN-
ING SEMESTER, TRIMESTER, QUARTER OR TERM OF ATTENDANCE  DURING  THE  TWO
THOUSAND  NINE  -- TWO THOUSAND TEN ACADEMIC YEAR, AND FOR EACH ACADEMIC
YEAR THEREAFTER, EACH AWARD SHALL BE REDUCED BY A TOTAL OF  ONE  HUNDRED
TWENTY  DOLLARS  OR BY THE ACTUAL AWARD WHEN SUCH AWARD IS LESS THAN ONE
HUNDRED TWENTY DOLLARS.  SUCH AWARD REDUCTION SHALL BE  APPLIED  PROPOR-
TIONATELY  TO  REDUCE  AWARDS  FOR  EACH SEMESTER, TRIMESTER, QUARTER OR
OTHER TERM OF ATTENDANCE DURING WHICH A STUDENT RECEIVES AN AWARD IN THE
ACADEMIC YEAR.
  S 4. This act shall take effect immediately.

                                 PART D

  Section 1. Paragraphs (a), (b) and (f) of subdivision 2 of section 209
of the social services law, paragraphs (a) and (b) as amended by section
3 of part U of chapter 57 of the laws of 2009 and paragraph (f) as added
by section 4 of part U of chapter 57 of the laws of 2009, are amended to
read as follows:
  (a) (I) On and after January first, two thousand nine, for an eligible
individual living alone, $761.00; and  for  an  eligible  couple  living
alone, $1115.00.
  (II)  ON  AND  AFTER FEBRUARY FIRST, TWO THOUSAND TEN, FOR AN ELIGIBLE
INDIVIDUAL LIVING ALONE, $747.36; AND  FOR  AN  ELIGIBLE  COUPLE  LIVING
ALONE, $1099.03.
  (b) (I) On and after January first, two thousand nine, for an eligible
individual  living  with others with or without in-kind income, $697.00;
and for an eligible couple living with others with  or  without  in-kind
income, $1057.00.

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  (II)  ON  AND  AFTER FEBRUARY FIRST, TWO THOUSAND TEN, FOR AN ELIGIBLE
INDIVIDUAL LIVING WITH OTHERS WITH OR WITHOUT IN-KIND  INCOME,  $687.90;
AND  FOR  AN  ELIGIBLE COUPLE LIVING WITH OTHERS WITH OR WITHOUT IN-KIND
INCOME, $1044.63.
  (f)  The  amounts  set  forth in [paragraphs (a)] SUBPARAGRAPH (II) OF
PARAGRAPH (A), SUBPARAGRAPH (II) OF PARAGRAPH  (B)  AND  PARAGRAPHS  (C)
through  (e)  of  this  subdivision  shall  be  increased to reflect any
increases in federal supplemental security income benefits for  individ-
uals  or  couples  which become effective on or after January first, two
thousand ten but prior to June thirtieth, two thousand ten.
  S 2. This act shall take effect immediately,  provided  however,  that
the  amendments  to paragraph (f) of subdivision 2 of section 209 of the
social services law made by section one of this act, shall  take  effect
on  the same date and in the same manner as section 4 of part U of chap-
ter 57 of the laws of 2009, takes effect.

                                 PART E

  Section 1. Item (ii) of subparagraph (D) of paragraph 5 of  subsection
(l)  of  section 3221 of the insurance law, as amended by chapter 502 of
the laws of 2007, is amended to read as follows:
  (ii) The superintendent shall develop and implement a  methodology  to
[fully]  cover  the  cost  to any such group purchaser for providing the
coverage required in subparagraph (A) of this paragraph. Such  methodol-
ogy  shall be financed from [funds] MONEYS APPROPRIATED from the General
Fund that shall  be  made  available  to  the  superintendent  for  such
[purpose] PURPOSES, TO THE EXTENT OF FUNDS AVAILABLE.
  S 2. Subparagraph (B) of paragraph 4 of subsection (g) of section 4303
of  the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
  (B) The superintendent shall develop and implement  a  methodology  to
[fully]  cover  the cost to any such group contract holder for providing
the coverage required in paragraph one of this subsection. Such  method-
ology  shall  be financed from moneys APPROPRIATED from the General Fund
that shall be made available to the superintendent  for  such  [purpose]
PURPOSES, TO THE EXTENT OF FUNDS AVAILABLE.
  S 3. Subparagraph (B) of paragraph 4 of subsection (h) of section 4303
of  the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
  (B) The superintendent shall develop and implement  a  methodology  to
[fully]  cover  the  cost  to  any such group remittance group and group
contract holder for providing the coverage required in paragraph one  of
this  subsection.  Such methodology shall be financed from moneys APPRO-
PRIATED from the General Fund that shall be made available to the super-
intendent for such [purpose] PURPOSES, TO THE EXTENT OF FUNDS AVAILABLE.
  S 4. This act shall take effect immediately.

                                 PART F

  Section 1. Subdivision 2 of section 1975  of  the  public  authorities
law, as added by section 1 of part AA of chapter 59 of the laws of 2009,
is amended to read as follows:
  2. Notwithstanding any provision of law to the contrary, the authority
is  hereby authorized to contribute [twenty] TWO HUNDRED million dollars
to the state treasury to the credit of the general fund.

S. 15                               9                              A. 15

  S 2. Subdivision 1 of section 1977-a of the public authorities law  is
amended by adding a new paragraph (f) to read as follows:
  (F) ADDITIONAL AUTHORIZATION FOR HOUSING. FOR THE PURPOSE OF FINANCING
AFFORDABLE  HOUSING PROGRAMS OF THE CITY, THE AUTHORITY MAY, IN ADDITION
TO THE AUTHORIZATIONS CONTAINED ELSEWHERE IN THIS TITLE, BORROW MONEY BY
ISSUING BONDS OR NOTES IN AN AGGREGATE PRINCIPAL  AMOUNT  NOT  EXCEEDING
ONE  HUNDRED  MILLION DOLLARS PLUS A PRINCIPAL AMOUNT OF BONDS AND NOTES
ISSUED (I) TO FUND ANY RELATED DEBT SERVICE FUND, (II) TO PROVIDE  CAPI-
TALIZED  INTEREST,  AND  (III) TO PROVIDE FOR FEES AND OTHER CHARGES AND
EXPENSES INCLUDING ANY UNDERWRITERS' DISCOUNTS, RELATED TO THE  ISSUANCE
OF  SUCH  BONDS  OR NOTES, ALL AS DETERMINED BY THE AUTHORITY, EXCLUDING
BONDS AND NOTES ISSUED TO REFUND  OUTSTANDING  BONDS  AND  NOTES  ISSUED
PURSUANT TO THIS SECTION.
  S 3. This act shall take effect immediately.

                                 PART G

  Section  1.  Subparagraph  (vi)  of  paragraph (a) of subdivision 2 of
section 2807-d of the public health law, as added by section 49 of  part
B of chapter 58 of the laws of 2009, is amended to read as follows:
  (vi)  Notwithstanding any contrary provisions of this paragraph or any
other provision of law or regulation, for general hospitals the  assess-
ment  shall  be  thirty-five  hundredths  of one percent of each general
hospital's gross receipts received from all patient  care  services  and
other  operating  income  on a cash basis for periods on and after April
first, two thousand  nine,  for  hospital  or  health-related  services,
including,  but  not limited to inpatient services, outpatient services,
emergency services, referred ambulatory services and ambulatory surgical
services, but not including residential health care facilities  services
or  home  health  care  services, PROVIDED, HOWEVER, THAT FOR THE PERIOD
DECEMBER FIRST, TWO THOUSAND NINE THROUGH MARCH THIRTY-FIRST  TWO  THOU-
SAND  ELEVEN,  SUCH  ASSESSMENT  FOR SUCH SERVICES SHALL BE SEVENTY-FIVE
HUNDREDTHS  OF  ONE  PERCENT  OF  EACH  SUCH  GENERAL  HOSPITAL'S  GROSS
RECEIPTS,   PROVIDED   FURTHER,  HOWEVER,  THAT  AMOUNTS  IN  EXCESS  OF
THIRTY-FIVE HUNDREDTHS OF ONE PERCENT SHALL BE ASSESSED ONLY WITH REGARD
TO GROSS RECEIPTS FOR INPATIENT CARE SERVICES AND OTHER OPERATING INCOME
ON A CASH BASIS AND SHALL NOT BE ASSESSED WITH REGARD TO GROSS  RECEIPTS
FOR  OUTPATIENT  SERVICES,  AND  PROVIDED  FURTHER, HOWEVER, THAT ON AND
AFTER APRIL FIRST, TWO THOUSAND ELEVEN, SUCH ASSESSMENT SHALL BE REDUCED
TO THIRTY-FIVE HUNDREDTHS OF ONE PERCENT.
  S 1-a. Subdivision 10 of section 2807-d of the public  health  law  is
amended by adding a new paragraph (f) to read as follows:
  (F)  PROVIDED,  HOWEVER,  THAT, SUBJECT TO THE AVAILABILITY OF FEDERAL
FINANCIAL PARTICIPATION,  FOR  THE  PURPOSES  OF  DETERMINING  RATES  OF
PAYMENT  PURSUANT  TO THIS ARTICLE FOR GENERAL HOSPITALS, THE ASSESSMENT
IMPOSED PURSUANT TO SUBPARAGRAPH (VI) OF PARAGRAPH  (A)  OF  SUBDIVISION
TWO  OF  THIS  SECTION SHALL, INSOFAR AS SUCH ASSESSMENT IS IN EXCESS OF
THIRTY-FIVE HUNDREDTHS OF ONE PERCENT OF EACH  SUCH  GENERAL  HOSPITAL'S
GROSS  RECEIPTS,  BE  A  REIMBURSABLE  COST TO BE REFLECTED AS TIMELY AS
PRACTICABLE, AND SUBSEQUENTLY RECONCILED TO ACTUAL  COST,  IN  RATES  OF
PAYMENT APPLICABLE WITHIN THE ASSESSMENT PERIOD.
  S  2.  1.  Notwithstanding  any  provision of law or regulation to the
contrary, the commissioner of education, in consultation with the  state
board  for  nursing  and  the  state board of pharmacy, shall promulgate
guidelines which allow for the prefill of up to a fifteen day supply  of
medication  prescribed  by  a physician or other authorized practitioner

S. 15                              10                              A. 15

and provided to an individual by a  registered  professional  nurse  for
individuals  receiving home care services ordered by an authorized prac-
titioner and provided under the supervision of a registered professional
nurse. Such guidelines shall be promulgated within 30 days of the effec-
tive date of this section.
  2.  The  commissioner  of  education,  in consultation with such state
boards, shall examine the experiences pursuant to the guidelines  estab-
lished  pursuant to this section and, on or before April 1, 2011, recom-
mend to the governor and the legislature any changes as may be necessary
to this section.
  S 3. 1. Notwithstanding paragraph (c) of  subdivision  10  of  section
2807-c  of the public health law, subdivision 2-b of section 2808 of the
public health law, section 21 of chapter 1 of the laws of 1999, and  any
other  contrary  provision  of  law, in determining rates of payments by
state governmental agencies effective for services provided on and after
January 1, 2010, for  inpatient  and  outpatient  services  provided  by
general  hospitals,  for  inpatient  services  and adult day health care
outpatient services  provided  by  residential  health  care  facilities
pursuant  to article 28 of the public health law, except for residential
health care facilities that provide extensive nursing, medical,  psycho-
logical  and  counseling  support  services to children, for home health
care services provided pursuant to article 36 of the public  health  law
by  certified  home health agencies, long term home health care programs
and AIDS home care programs, and for  personal  care  services  provided
pursuant  to  section 365-a of the social services law, the commissioner
of health shall apply zero trend factor projections attributable to  the
2010 calendar year in accordance with paragraph (c) of subdivision 10 of
section  2807-c  of  the public health law, provided, however, that such
zero trend factor projections for such 2010 calendar year shall also  be
applied to rates of payment for personal care services provided in those
local  social service districts, including New York city, whose rates of
payment for such services are established by such local  social  service
districts pursuant to a rate-setting exemption issued by the commission-
er  of  health to such local social service districts in accordance with
applicable regulations, and provided further, however, that for rates of
payment for assisted living program services provided on and after Janu-
ary 1, 2010, trend factor projections attributable to the 2010  calendar
year shall be established at zero percent.
  2. The commissioner of health shall adjust rates of payment to reflect
the  exclusion  pursuant  to this section of such specified trend factor
projections or adjustments.
  S 4. Notwithstanding paragraph (b) of subdivision 2-b and  subdivision
2-c  of  section  2808  of the public health law, section 2 of part D of
chapter 58 of the laws of 2009, or any other contrary provision of  law,
the  commissioner  of  health,  with the approval of the director of the
budget, shall make such proportional adjustments to rates  of  payments,
as computed pursuant to paragraph (b) of subdivision 2-b of section 2808
of the public health law and as modified by section 2 of part D of chap-
ter  58  of  the  laws  of 2009, for the period December 1, 2009 through
March 31, 2010, such that the aggregate total increase in such rates  of
payment  for  the  period April 1, 2009 through March 31, 2010, shall be
reduced from two hundred ten million dollars ($210,000,000) to an amount
no  greater  than  fifty-two  million  five  hundred  thousand   dollars
($52,500,000),  provided,  however,  that the commissioner of health and
the director of the budget shall make such further proportional  adjust-
ments  to  such  rates  of  payment for the period April 1, 2010 through

S. 15                              11                              A. 15

March 31, 2011 as are necessary to ensure that such rates for such peri-
od do not, in aggregate, reflect any further net increase in  excess  of
one   hundred   fifty-seven   million   five  hundred  thousand  dollars
($157,500,000)  from  the rates in effect for the preceding state fiscal
year, and provided further, however, that, notwithstanding any  contrary
provision  of section 2 of part D of chapter 58 of the laws of 2009, the
case mix adjustments authorized pursuant to subparagraph (ii)  of  para-
graph  (b)  of  subdivision 2-b of section 2808 of the public health law
and scheduled pursuant to such subparagraph (ii) for  January  of  2010,
shall  be implemented in accordance with the provisions of such subpara-
graph (ii).
  S 5. Subparagraph (i) of paragraph (b) of subdivision 2-b  of  section
2808  of  the  public  health  law, as amended by section 3 of part D of
chapter 58 of the laws of 2009, is amended to read as follows:
  (b) (i) Subject to the provisions of subparagraphs (ii) through  (xiv)
of  this  paragraph,  for periods on and after April first, two thousand
nine  through  [March   thirty-first,   two   thousand   ten]   FEBRUARY
TWENTY-EIGHTH, TWO THOUSAND ELEVEN the operating cost component of rates
of  payment  shall reflect allowable operating costs as reported in each
facility's cost report for  the  two  thousand  two  calendar  year,  as
adjusted for inflation on an annual basis in accordance with the method-
ology  set  forth in paragraph (c) of subdivision ten of section twenty-
eight hundred seven-c of this article, provided, however, that for those
facilities which do not receive a per diem add-on adjustment pursuant to
subparagraph (ii) of paragraph (a) of this subdivision, rates  shall  be
further  adjusted to include the proportionate benefit, as determined by
the commissioner, of the expiration of the opening paragraph  and  para-
graph (a) of subdivision sixteen of this section and of paragraph (a) of
subdivision  fourteen  of  this  section,  and provided further that the
operating cost component of rates of payment for those facilities  which
did  not  receive  a per diem adjustment in accordance with subparagraph
(ii) of paragraph (a) of this subdivision shall not  be  less  than  the
operating  component  such facilities received in the two thousand eight
rate period, as adjusted for inflation on an annual basis in  accordance
with  the  methodology  set forth in paragraph (c) of subdivision ten of
section  twenty-eight  hundred  seven-c  of  this  article  and  further
provided, however, that rates for facilities whose operating cost compo-
nent  reflects base year costs subsequent to January first, two thousand
two shall have rates computed in accordance with this paragraph, utiliz-
ing allowable operating costs as reported in such subsequent  base  year
period, and trended forward to the rate year in accordance with applica-
ble inflation factors.
  S  6.  The opening paragraph and subparagraph (vi) of paragraph (a) of
subdivision 2-c of section 2808 of the public health law,  as  added  by
section  5  of  part D of chapter 58 of the laws of 2009, are amended to
read as follows:
  Notwithstanding any inconsistent provision  of  this  section  or  any
other  contrary  provision  of  law  and  subject to the availability of
federal financial participation, the operating costs of rates of payment
by governmental agencies for inpatient services provided by  residential
health  care  facilities  on  and  after [April first, two thousand ten]
MARCH FIRST, TWO THOUSAND ELEVEN shall be determined in accordance  with
the following:
  (vi) Notwithstanding subparagraph (i) of this paragraph, the operating
cost  component  of the rates, effective [April first, two thousand ten]
MARCH FIRST, TWO THOUSAND ELEVEN for the following categories of facili-

S. 15                              12                              A. 15

ties, as established pursuant to applicable regulations,  shall  reflect
the  rates  in  effect  for  such facilities on [March thirty-first, two
thousand ten,] FEBRUARY TWENTY-EIGHTH, TWO THOUSAND ELEVEN, as  adjusted
for  inflation  in accordance with applicable statutes: (A) AIDS facili-
ties or discrete AIDS units within facilities, (B)  discrete  units  for
residents receiving care in a long-term inpatient rehabilitation program
for  traumatic  brain  injured  persons,  (C)  discrete  units providing
specialized programs for residents requiring  behavioral  interventions,
(D) discrete units for long-term ventilator dependent residents, and (E)
facilities  or  discrete  units within facilities that provide extensive
nursing, medical, psychological and counseling support  services  solely
to  children.  Such rate shall remain in effect until the department, in
consultation with representatives  of  the  nursing  home  industry,  as
selected by the commissioner, develops a regional pricing or alternative
methodology for determining such rates.
  S 7. Section 48 of part C of chapter 109 of the laws of 2006, amending
the  social  services law and other laws relating to Medicaid reimburse-
ment rate settings, as amended by section 6 of part D of chapter  58  of
the laws of 2009, is amended to read as follows:
  S  48. Notwithstanding any contrary provision of law, the commissioner
of health shall, by no later than May 15, 2007,  establish  a  workgroup
pertaining to Medicaid reimbursement rate-setting for residential health
care  facilities  for future periods, including, but not limited to, the
following areas:
  (a) operating costs that should be considered allowable in the  devel-
opment of regional prices;
  (b)  identification of appropriate cost differentials among facilities
based on factors including,  but  not  limited  to,  size,  affiliation,
location,  public  versus  non-public, facility layout, culture exchange
initiatives and labor costs, including the most appropriate mechanism to
adjust rates  of  payment  to  reflect  appropriate  cost  differentials
related  to  direct  care  staffing, including adjustments to the direct
component of the operating cost component of such rate, establishment of
a quality care incentive pool pursuant to subdivision (2-c)  of  section
2808 of the public health law or other mechanisms;
  (c)  reimbursement  for facilities providing care to specialized popu-
lations with specialized care needs;
  (d) the relationship between facility spending on  various  costs  and
quality of care and patient outcomes;
  (e) appropriate regions to be utilized;
  (f)  the  reasons  underlying  the  existing  proportion  of  Medicaid
patients to non-Medicaid patients in New York facilities;
  (g) issues related to Medicare;
  (h) impact of planned rightsizing of the acute care system;
  (i) impact of planned rightsizing of nursing home system;
  (j) impact of using Medicaid only case mix; and
  (k) other issues as determined by the commissioner.
  The members of the workgroup shall include department of health  staff
and  representatives of statewide associations representing the residen-
tial health care facility industry in New York, organizations represent-
ing employees, and, by May thirty-first, two  thousand  nine,  advocates
for  residential  health  care facility residents and representatives of
regional associations representing the residential health care  facility
industry in New York.  The workgroup shall work in consultation with the
assembly  and  the senate.  The commissioner of health shall appoint the
chair of the workgroup and designate such employees of the department of

S. 15                              13                              A. 15

health as are reasonably necessary to provide necessary data and support
services to the workgroup. The commissioner of health shall  submit  [an
interim]  A  report  summarizing  the  workgroup's deliberations and the
commissioner  of health's recommendations to the governor, the temporary
president of the senate, the speaker of the assembly, and  the  minority
leaders of the senate and the assembly by [December fifteenth, two thou-
sand  nine, and a subsequent report shall be submitted to these individ-
uals no later than February fifteenth, two thousand ten] OCTOBER  FIRST,
TWO  THOUSAND TEN.   The workgroup shall continue until December thirty-
first, two thousand [ten] ELEVEN to evaluate the implementation  of  the
new system.
  S  8.  Notwithstanding section 179-f of the state finance law, section
2818 of the public health law, or any other contrary provision  of  law,
upon  a  determination by the commissioner of health and the director of
the budget that state fiscal constraints require  a  delay  in  payments
made  pursuant to contracts entered into pursuant to section 2818 of the
public health law, the commissioner of health shall be authorized,  with
the  approval of the state budget director, to delay such payments which
are due prior to April 1, 2010, until the later of April 1, 2010 or  the
enactment  of  a  budget  for  the 2010-2011 state fiscal year, and such
delay shall not result in the payment of interest by the state  pursuant
to  section  179-f  of  the  state  finance law or pursuant to any other
otherwise applicable law. Such contracts shall otherwise remain in  full
force and effect.
  S  9. Notwithstanding any inconsistent provision of law, rule or regu-
lation, for purposes of implementing the provisions of the public health
law and the social services law, references to titles XIX and XXI of the
federal social security act in the public  health  law  and  the  social
services  law  shall be deemed to include and also to mean any successor
titles thereto under the federal social security act.
  S 10. Notwithstanding any inconsistent provision of law, rule or regu-
lation, the effectiveness of the provisions of sections 2807 and 3614 of
the public health law, section 18 of chapter 2 of the laws of 1988,  and
18  NYCRR  505.14(h), as they relate to time frames for notice, approval
or certification of rates of payment, are hereby suspended  and  without
force or effect for purposes of implementing the provisions of this act.
  S 11. This act shall take effect immediately, provided however that:
  1.  any  rules or regulations necessary to implement the provisions of
this act may be promulgated and any procedures, forms,  or  instructions
necessary  for such implementation may be adopted and issued on or after
the date this act shall have become a law;
  2. this act shall not be construed to alter, change, affect, impair or
defeat any rights, obligations, duties or interests accrued, incurred or
conferred prior to the effective date of this act;
  3. the commissioner of health and the superintendent of insurance  and
any  appropriate  council may take any steps necessary to implement this
act prior to its effective date;
  4. notwithstanding any inconsistent provision of the state administra-
tive procedure act or any other provision of law,  rule  or  regulation,
the  commissioner  of health and the superintendent of insurance and any
appropriate council is authorized to adopt or amend or promulgate on  an
emergency  basis  any  regulation  he  or she or such council determines
necessary to implement any provision of this act on its effective date;
  5. the provisions of this act shall become  effective  notwithstanding
the  failure  of  the  commissioner  of  health or the superintendent of

S. 15                              14                              A. 15

insurance or any council to adopt or  amend  or  promulgate  regulations
implementing this act.

                                 PART H

  Section  1.  Section  2  of  part PP of chapter 56 of the laws of 2009
entitled "Environmental Affairs", relating to providing for the adminis-
tration of certain funds and accounts related to the 2009-10 budget,  is
amended by adding a new subdivision 15 to read as follows:
  15. $10,000,000 FROM THE ENVIRONMENTAL PROTECTION FUND (078), ENVIRON-
MENTAL PROTECTION TRANSFER ACCOUNT (01), TO THE GENERAL FUND.
  S  2.  Section 2 of part PP of chapter 56 of the laws of 2009 entitled
"Transportation",  relating  to  providing  for  the  administration  of
certain  funds and accounts related to the 2009-10 budget, is amended by
adding two new subdivisions 8 and 9 to read as follows:
  8. $90,000,000 FROM THE MASS TRANSPORTATION OPERATING ASSISTANCE  FUND
(313),  METROPOLITAN  MASS TRANSIT OPERATING ASSISTANCE ACCOUNT (02), TO
THE GENERAL FUND.
  9. $5,000,000 FROM THE DEDICATED MASS TRANSPORTATION TRUST FUND (073),
NON-MTA CAPITAL PURPOSE ACCOUNT (03), TO THE GENERAL FUND.
  S 3. Section 12 of part PP of chapter 56 of the laws of 2009  relating
to  providing  for  the  administration  of  certain  funds and accounts
related to the 2009-10 budget, is amended to read as follows:
  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 [$200] $575 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
2009-10 budget. Transfers from federal funds, debt service funds,  capi-
tal  projects  funds,  or  the community projects fund 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 4. Notwithstanding any provision of law to the contrary, the  dormi-
tory authority of the state of New York is authorized and directed, upon
the  request  of  the director of the budget, to transfer $26,000,000 to
the general fund on or before March 31, 2010.
  S 5. Notwithstanding any law to the contrary, the insurance department
shall finance the annual expenses related to its  activities  and  oper-
ations  through  assessments  upon  those  entities required to pay such
assessments pursuant to section 332 of  the  insurance  law.  For  state
fiscal  year  2009-10,  the total value of the annual assessment will be
equal to the total value of the department's enacted appropriations.  In
such  instances  where the total value of the annual industry assessment
exceeds actual annual expenses of the department's operations and activ-
ities, in accordance with section 4 of the state finance law, the  comp-
troller is hereby authorized and directed to transfer, at the request of
the  director  of  the  budget,  up  to $2,800,000 from the unencumbered
balance of the special revenue fund (339), insurance department  account
(B6) to the general fund on or before March 31, 2010.
  S  6.  Notwithstanding any provision of law, rule or regulation to the
contrary, the New York State energy research and  development  authority
is  authorized and directed to make a contribution to the state treasury
to the credit of the general fund in  the  amount  of  $90,000,000  from

S. 15                              15                              A. 15

proceeds  collected  by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation under the Regional Greenhouse Gas Initiative on  or  before
March 31, 2010.
If,  in  any fiscal year, such moneys retained by the authority from the
auction or sale of carbon dioxide emission allowances allocated  by  the
department  of  environmental conservation under the Regional Greenhouse
Gas Initiative are deemed insufficient by the director of  the  division
of  the  budget  to meet actual and anticipated disbursements, the comp-
troller shall at the direction of the director of the  division  of  the
budget,  transfer  from  the  general  fund to the New York State energy
research and  development  authority  moneys  sufficient  to  meet  such
disbursements.  Such  transfers shall be made only upon certification of
need by the director of the division of the budget, with copies of  such
certification  filed  with the chairperson of the senate finance commit-
tee, the chairperson of the assembly ways and means  committee  and  the
state comptroller. The aggregate amount of all transfers to the New York
State  energy  research  and  development  authority  shall  not  exceed
$90,000,000 in total.
  S 7. Notwithstanding any other provision of the law to  the  contrary,
and  in  accordance  with  section 4 of the state finance law, the comp-
troller is hereby authorized to transfer upon request of the director of
the budget, $29,000,000 on or before  March  31,  2010,  from  the  city
university  special  revenue  fund  (377), city university stabilization
account (A1), to the general fund.
  S 8. This act shall take effect immediately; provided that the  amend-
ments  to sections 2 and 12 of part PP of chapter 56 of the laws of 2009
made by sections one, two and three of this act  shall  not  affect  the
repeal of such sections and shall be deemed repealed therewith.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through H of this act shall be
as specifically set forth in the last section of such Parts.