[ ] is old law to be omitted.
LBD12570-02-1
S. 2807--A 2 A. 4007--A
expiration of such chapter; to amend chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarcera-
tion fee, in relation to extending the expiration of certain
provisions of such chapter; to amend chapter 907 of the laws of 1984,
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
S. 2807--A 3 A. 4007--A
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 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
S. 2807--A 4 A. 4007--A
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 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); to repeal section 99-d of the state finance law, relating to
community projects fund (Part O); and in relation to allowing the
State University Downstate Medical Center to create a not-for-profit
corporation (Part P)
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 P. 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. 2807--A 5 A. 4007--A
S 3. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, and shall
remain in effect until the first day of September, [2011] 2014, when it
shall expire and be deemed repealed.
S 3. Section 3 of chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, as amended by
section 3 of part U of chapter 56 of the laws of 2009, is amended to
read as follows:
S 3. This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2011] 2014.
S 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as amended
by section 4 of part U of chapter 56 of the laws of 2009, is amended to
read as follows:
S 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force or effect on
and after September 1, [2011] 2014 and shall not apply to persons
committed to the custody of the department after such date, and provided
further that the commissioner of correctional services shall report each
January first and July first during such time as the earned eligibility
program is in effect, to the chairmen of the senate crime victims, crime
and correction committee, the senate codes committee, the assembly
correction committee, and the assembly codes committee, the standards in
effect for earned eligibility during the prior six-month period, the
number of inmates subject to the provisions of earned eligibility, the
number who actually received certificates of earned eligibility during
that period of time, the number of inmates with certificates who are
granted parole upon their first consideration for parole, the number
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. 2807--A 6 A. 4007--A
S 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994
relating to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994 enacting the state
operations budget, as amended by section 7 of part U of chapter 56 of
the laws of 2009, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2011] 2014; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program on
or after such effective date; and
S 8. Section 5 of chapter 554 of the laws of 1986, amending the
correction law and the penal law relating to providing for community
treatment facilities and establishing the crime of absconding from the
community treatment facility, as amended by section 8 of part U of chap-
ter 56 of the laws of 2009, is amended to read as follows:
S 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2011] 2014, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in effect,
to the chairmen of the senate crime victims, crime and correction
committee, the senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at each facility who
are not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
S 9. Subdivision h of section 74 of chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarceration
fee, as amended by section 9 of part U of chapter 56 of the laws of
2009, is amended to read as follows:
h. Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 1995; provided, however, that the
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. 2807--A 7 A. 4007--A
S 11. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 11 of part U of chapter 56 of
the laws of 2009, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three
hundred eighty-three and three hundred eighty-four of this act shall
expire on September 1, [2011] 2014;
S 12. Section 12 of chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and the executive
law relating to prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 12 of part U of chap-
ter 56 of the laws of 2009, is amended to read as follows:
S 12. This act shall take effect immediately, except that the
provisions of sections one through ten of this act shall remain in full
force and effect until September 1, [2011] 2014 on which date those
provisions shall be deemed to be repealed.
S 13. Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as amended
by section 13 of part U of chapter 56 of the laws of 2009, is amended to
read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
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
S. 2807--A 8 A. 4007--A
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
S 14. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 14 of part U of chapter 56 of the laws of 2009, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [eleven] FOURTEEN.
S 15. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
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. 2807--A 9 A. 4007--A
S 18. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and domestic violence intervention
act of 1994, as amended by section 18 of part U of chapter 56 of the
laws of 2009, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall take effect January 1,
1996 and shall expire and be deemed repealed on September 1, [2011]
2014.
S 19. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television and
other protective measures for certain child witnesses, as amended by
section 19 of part U of chapter 56 of the laws of 2009, is amended to
read as follows:
S 5. This act shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the effective date
of this act but still pending on such date as well as all criminal
actions and proceedings commenced on or after such effective date and
its provisions shall expire on September 1, [2011] 2014, when upon such
date the provisions of this act shall be deemed repealed.
S 20. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 21 of
part U of chapter 56 of the laws of 2009, is amended to read as follows:
d. Sections one-a through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2011] 2014;
S 21. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
nal procedure law relating to electronic court appearance in certain
counties, as amended by section 23 of part U of chapter 56 of the laws
of 2009, is amended to read as follows:
S 2. This act shall take effect immediately, except that the
provisions of this act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this act shall expire
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
S. 2807--A 10 A. 4007--A
office in excess of fifty million dollars but less than one hundred
million dollars, plus one percent of such monies received by such office
in excess of one hundred million dollars. The remainder of such monies
shall be paid by the district attorney's office to the state and to the
county in equal amounts within thirty days of receipt, where disposition
of such monies is not otherwise prescribed by law. Monies distributed
to a county district attorney's office pursuant to this section shall be
used to enhance law enforcement efforts [and shall not supplant funds
for ordinary budgetary costs including salaries of personnel and
expenses of district attorneys].
S 2. This act shall take effect immediately [and shall remain in full
force and effect until the last day of March, 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
S. 2807--A 11 A. 4007--A
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
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:
S. 2807--A 12 A. 4007--A
(f) executive director of adirondack park agency, [commissioners of
the state liquor authority,] commissioners of the state civil service
commission, members of state commission of correction, members of unem-
ployment insurance appeal board, and members of the workers' compen-
sation board.
S 2. Section 11 of the alcoholic beverage control law, as amended by
chapter 83 of the laws of 1995, is amended to read as follows:
S 11. Appointment of authority. The members of the authority shall be
appointed by the governor by and with the advice and consent of the
senate. Not more than two members of the authority shall belong to the
same political party. The chairman of the state alcoholic beverage
control board heretofore appointed and designated by the governor and
the remaining members of such board heretofore appointed by the governor
shall continue to serve as chairman and members of the authority until
the expiration of the respective terms for which they were appointed.
Upon the expiration of such respective terms the successors of such
chairman and members shall be appointed to serve for a term of three
years each and until their successors have been appointed and qualified.
THE COMMISSIONERS, OTHER THAN THE CHAIRMAN SHALL, WHEN PERFORMING THE
WORK OF THE AUTHORITY, BE COMPENSATED AT A RATE OF TWO HUNDRED SIXTY
DOLLARS PER DAY, TOGETHER WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES. THE CHAIRMAN SHALL
RECEIVE AN ANNUAL SALARY ESTABLISHED IN SECTION ONE HUNDRED SIXTY-NINE
OF THE EXECUTIVE LAW.
S 3. This act shall take effect immediately.
PART F
Section 1. Subdivision 2 of section 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
S. 2807--A 13 A. 4007--A
has been referred to the legislature to be chosen at the next general
election to be [published] POSTED ON ITS WEBSITE at least once in each
of the three months next preceding such election. Such [publication]
POSTING shall include the information that such amendment has been so
referred.
2. The state board of elections shall [publish] POST ON ITS WEBSITE
once in the week preceding any election at which proposed constitutional
amendments or other propositions or questions are to be submitted to the
voters of the state an abstract of such amendment or question, a brief
statement of the law or proceedings authorizing such submission, a
statement that such submission will be made and the form in which it is
to be submitted.
[3. Publication required by subdivision two of this section shall be
in one newspaper of general circulation in each county.]
S 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
S. 2807--A 14 A. 4007--A
[except group self-insurers] and the state insurance fund that shall be
collected from each self-insurer [except a group self-insurer] and the
state insurance fund shall be a sum equal to the proportion of the
amount which the total compensation payments of each such self-insurer
[except a group self-insurer] or the state insurance fund bore to the
total compensation payments made by all self-insurers [except group
self-insurers] and the state insurance fund during the fiscal year which
ended within said preceding calendar year. The portion of such sum allo-
cated to insurance carriers that shall be collected from each insurance
carrier shall be a sum equal to that proportion of the amount which the
total standard premium by each such insurance carrier bore to the total
standard premium reported by all insurance carriers during the calendar
year which ended within said preceding fiscal year. [The portion of such
sum allocated to group self-insurers that shall be collected from each
group self-insurer shall be a sum equal to that proportion of the amount
which the pure premium calculation for each such group self-insurer bore
to the total pure premium calculation for all group self-insurers for
the calendar year which ended within the preceding state fiscal year.]
The payments from the debt service assessment, unless otherwise set
forth in the special disability fund financing agreement, are hereby
pledged therefor and shall be deemed the first monies received on
account of assessments in each year. For the purposes of this paragraph,
"standard premium" shall mean the premium as defined for the purposes of
this assessment by the superintendent of insurance, in consultation with
the chair of the board and the workers' compensation rating board. [For
purposes of this paragraph "pure premium calculation" means the New York
state annual payroll as of December thirty-first of the preceding year
by class code for each employer member of a group self-insurer multi-
plied by the applicable loss cost for each class code as determined by
the workers' compensation rating board in effect on December thirty-
first of the preceding year, and for a group or individual self-insurer
who has ceased to self-insure shall be based on payroll at the time the
group or individual self-insurer ceased to self-insure reduced by a
factor reflecting the reduction in the group or individual self-
insurer's self-insurance liabilities since ceasing to self-insure.] An
employer who has ceased to be a self-insurer [or a group that ceases to
be licensed as a group self-insurer] shall continue to be liable for any
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
S. 2807--A 15 A. 4007--A
board and the chair of the board. Such surcharge shall be considered as
part of premium for purposes prescribed by law including, but not limit-
ed to, computing premium tax, reporting to the superintendent of insur-
ance pursuant to section ninety-nine of this chapter and section three
hundred seven of the insurance law, determining the limitation of
expenditures for the administration of the state insurance fund pursuant
to section eighty-eight of this chapter and the cancellation by an
insurance carrier, including the state insurance fund, of a policy for
non-payment of premium. The provisions of this paragraph shall not apply
with respect to policies containing coverage pursuant to subsection (j)
of section three thousand four hundred twenty of the insurance law
relating to every policy providing comprehensive personal liability
insurance on a one, two, three or four family owner-occupied dwelling.
The state insurance fund shall[,] notify its insureds that such assess-
ments, shall be, for the purpose of recoupment, treated as separate
costs, [respectively] for the purpose of premiums billed on or after
October first, nineteen hundred ninety-four. FOR THE PURPOSES OF THIS
SECTION, A "SELF-INSURER" SHALL BE: (I) AN EMPLOYER AUTHORIZED TO
SELF-INSURE UNDER SUBDIVISION THREE OF SECTION FIFTY OF THIS CHAPTER,
ACTIVE GROUPS AUTHORIZED PURSUANT TO SUBDIVISION THREE-A OF SECTION
FIFTY OF THIS CHAPTER OR A GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE
UNDER PARAGRAPH TEN OF SUBDIVISION THREE-A OF SECTION FIFTY OF THIS
CHAPTER; 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
S. 2807--A 16 A. 4007--A
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
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
S. 2807--A 17 A. 4007--A
SUBDIVISION FOUR OF THIS SECTION MAY INSURE ANY LIABILITIES FOR ANY
EMPLOYERS ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, EXCEPT AS
PROVIDED FOR IN PARAGRAPH TEN OF THIS SUBDIVISION. Under such plan the
group shall assume the liability of all the employers within the group
and pay all compensation for which the said employers are liable under
this chapter, except that in the case of municipal corporations as here-
in defined no proof of financial ability or deposit of securities or
cash need be made in compliance with this subdivision. The group quali-
fying under this subdivision shall be known as a group self-insurer and
the employers participating therein and covered thereby shall be known
as members.
(b) Where such plan is adopted the group self-insurer shall furnish
satisfactory proof to the chair of its financial ability to pay such
compensation for the members in the industry covered by it, its reven-
ues, their source and assurance of continuance. The chair shall require
the deposit with the chair of such securities as may be deemed necessary
of the kind prescribed in subdivisions one, two, three, four and five,
and subparagraph (a) of paragraph three of subdivision seven of section
two hundred thirty-five of the banking law or the deposit of cash or the
filing of irrevocable letters of credit issued by a qualified banking
institution as defined by rules promulgated by the chair or the filing
of a bond of a surety company authorized to transact business in this
state, in an amount to be determined to secure its liability to pay the
compensation of each employer as above provided. Such surety bond must
be approved as to form by the chair. The chair shall require each group
self-insurer to provide regular reports no less than annually, which
shall include but not be limited to audited financial statements, actu-
arial opinions and payroll information containing proof that it is fully
funded. Such reports shall also include a contribution year analysis
detailing contributions and expenses associated with each specific
contribution year. For purposes of this paragraph, proof that a group
self-insurer is fully funded shall at a minimum include proof of unre-
stricted cash and investments permitted by regulation of the chair of at
least one hundred percent of the total liabilities, including the esti-
mate presented in the actuarial opinion submitted by the group self-in-
surer in accordance with this chapter. The chair by regulation, may set
further financial standards for group self-insurers. Any group self-in-
surer that fails to show that it is fully funded shall be deemed under-
funded, and must submit a plan for achieving fully funded status which
may include a deficit assessment on members of such group self-insurer
which shall be subject to approval or modification by the chair. [The
chair may impose such limitations on admission of new members or offer-
ing of discounts on underfunded group self-insurers to insure that such
group self-insurers shall become fully funded. Should the group self-in-
surer fail to meet the terms of its plan, the chair may condition its
continued authorization to act as a group self-insurer on the appoint-
ment of an outside monitor selected by the chair, at the group self-
insurer's expense. Effective January first, two thousand fourteen, any
group self-insurer that fails to show it is fully funded in accordance
with this paragraph and the regulations issued pursuant thereto shall
have one year to cure the deficiency. If such deficiency is not cured
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
S. 2807--A 18 A. 4007--A
person or organization to assist with such evaluation and any costs
incurred by the chair shall be borne by the group self-insurer under
examination. Failure to submit to such independent review or to pay such
costs, upon demand of the chair, shall be sufficient grounds to termi-
nate coverage of the group self-insurer.
(d) The chair may require reports to be prepared by an auditor, actu-
ary or other consultant, selected by the board or, at the chair's
discretion, by the group self-insurer from a list which shall be pre-ap-
proved by the chair to determine whether the group self-insurer meets
the financial criteria for self-insurance. All actuaries so selected
shall be fellows or associates of the casualty actuarial society.
(e) The chair may also require that any and all agreements, contracts
and other pertinent documents relating to the organization of the
members in the group self-insurer shall be filed [at the time the appli-
cation for group self-insurance is made or anytime thereafter. Such
application shall be on a form prescribed by the chair. The chair may
also require an agreement on the part of said group self-insurer to pay
any awards commuted under section twenty-seven of this chapter into the
aggregate trust fund as a condition of its being allowed to operate as a
group self-insurer pursuant to this subdivision] WITH THE CHAIR.
(f) The chair shall have the authority to [deny the application of the
group self-insurer to pay such compensation or to] revoke consent
furnished under this section at any time for good cause shown.
(g) At least twenty days prior to the requested effective date of the
participating agreement, a group self-insurer shall notify the chair on
a prescribed form of a new group self-insurer member and file (1) a
member application and (2) a copy of the properly executed prescribed
participation agreement wherein the member acknowledges their joint and
several obligation for their period of membership. The board shall, on a
form promulgated by the chair, provide notice of the member's rights and
responsibilities as a group self-insurer member, including the member's
assumption of joint and several liability, and require the member to
return a signed copy to the chair as a condition of membership. Such
membership shall not become effective until the signed copy has been
received by the board.
(h) Any member terminating membership in a group self-insurer after
less than four years in such group self-insurer, and any member in a
group self-insurer that has defaulted, shall be precluded from obtaining
prospective coverage from any group self-insurer for a period of at
least three years from the effective date of termination.
(a) If for any reason, the status of a group self-insurer under this
subdivision is terminated, INCLUDING BY OPERATION OF LAW ON AND AFTER
JANUARY FIRST, TWO THOUSAND TWELVE, the securities or cash or the surety
bond on deposit referred to herein shall remain in the custody of the
chair for such time as the chair may deem proper and warranted. In lieu
thereof, and at the discretion of the chair, the group self-insurer, its
heirs or assigns or others carrying on or liquidating such group self-
insurer, including the chair on the group self-insurer's behalf, may
execute an assumption of workers' compensation liability insurance poli-
cy securing such further and future contingent liability as may arise
from prior injuries to workers and be incurred by reason of any change
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
S. 2807--A 19 A. 4007--A
company other than the state fund, then said policy shall be deemed of
the kind specified in paragraph fifteen of subsection (a) of section one
thousand one hundred thirteen of the insurance law and covered by the
workers' compensation security fund as created and governed by article
six-A of this chapter. It shall only be issued for a single complete
premium payment in advance by the group self-insurer and in an amount
deemed acceptable by the chair and the superintendent of insurance. In
lieu of the applicable premium charge ordinarily required to be imposed
by a carrier, said premium shall include a surcharge in an amount to be
determined by the chair to: (i) satisfy all assessment liability due and
owing to the board and/or the chair under this chapter; and (ii) satisfy
all future assessment liability under this section. Said surcharge shall
be payable to the board simultaneous to the execution of the assumption
of workers' compensation liability insurance policy. However, the
payment of said surcharge does not relieve the carrier from any other
liability, including liability owed to the superintendent of insurance
pursuant to article six-A of this chapter. When issued such policy
shall be noncancellable without recourse for any cause during the
continuance of the liability secured and so covered.
(10) (A) A NON-MUNICIPAL GROUP OF EMPLOYERS MAY MAKE APPLICATION TO
THE CHAIR TO QUALIFY JOINTLY AS A SELF-INSURER, PROVIDED:
(1) THE MEMBERS OF THE GROUP SECURE THE SERVICES OF AN ADMINISTRATOR,
WHO SHALL CARRY OUT THE RESPONSIBILITIES OF SUCH AN ADMINISTRATOR AS SET
FORTH IN SUBDIVISION FIVE OF THIS SECTION, AND WHO SHALL BE SUBJECT TO
THE RESTRICTIONS AND PENALTIES APPLICABLE TO AN ADMINISTRATOR UNDER THIS
SECTION;
(2) THE MEMBERS OF THE GROUP, THROUGH THE ADMINISTRATOR, JOINTLY
DEPOSIT SUFFICIENT SECURITIES IN ACCORDANCE WITH SUBDIVISION THREE OF
THIS SECTION AS TO SECURE THE LIABILITY OF THE MEMBERS OF THE GROUP TO
PAY COMPENSATION, 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
S. 2807--A 20 A. 4007--A
THIS SUBDIVISION, SHALL REMAIN SUBJECT TO ALL THE PROVISIONS OF THIS
SUBDIVISION AND THE REGULATIONS ISSUED PURSUANT THERETO AND ANY ASSESS-
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
S. 2807--A 21 A. 4007--A
QQ of chapter 56 of the laws of 2009 and paragraph (c) as amended by
chapter 6 of the laws of 2007, are amended to read as follows:
(b) An itemized statement of the expenses so ascertained shall be open
to public inspection in the office of the board for thirty days after
notice to the state insurance fund, all insurance carriers and all self-
insurers [including group self-insurers] affected thereby, before the
board shall make an assessment for such expenses. The chair shall assess
upon and collect a proportion of such expenses as hereinafter provided
from each insurance carrier, the state insurance fund and each self-in-
surer [including group self-insurers]. The assessment for such expenses
shall be allocated to (i) self-insurers [except group self-insurers] and
the state insurance fund based upon the proportion that the total
compensation payments made by all self-insurers [except group self-in-
surers] and the state insurance fund in such year bore to the total
compensation payments made by all self-insurers [except group self-in-
surers], the state insurance fund, AND all insurance carriers [and group
self-insurers] and (ii) insurance carriers based upon the proportion
that the total compensation payments made by all insurance carriers in
such year bore to the total compensation payments by all self-insurers,
the state insurance fund and all insurance carriers[, and (iii) group
self-insurers based upon the proportion that the total compensation
payments made by all group self-insurers in such year bore to the total
compensation payments made by all self-insurers, the state insurance
fund and all insurance carriers]. The portion of the assessment for such
expenses allocated to self-insurers [except group self-insurers] and the
state insurance fund that shall be collected from each self-insurer
[except group self-insurers] and the state insurance fund shall be a sum
equal to the proportion of the amount which the total compensation
payments of each such self-insurer [except a group self-insurer] or the
state insurance fund in such year bore to the total compensation
payments made by all self-insurers [except group self-insurers] and the
state insurance fund. The portion of the assessment for such expenses
allocated to insurance carriers that shall be collected from each such
insurance carrier shall be a sum equal to that proportion of the amount
which the total standard premium by each such insurance carrier bore to
the total standard premium reported by all insurance carriers for the
calendar year which ended with the state fiscal year. [The portion of
such sum allocated to group self-insurers that shall be collected from
each group self-insurer shall be a sum equal to that proportion of the
amount which the pure premium calculation for each such group self-in-
surer bore to the total pure premium calculation for all group self-in-
surers for the calendar year which ended within the state fiscal year.]
The amounts so secured shall be used for the payment of the expenses of
administering this chapter. [Pure premium for assessments against indi-
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
S. 2807--A 22 A. 4007--A
rate for each class code as determined by the workers' compensation
rating board in effect on December thirty-first of the preceding year.]
The amounts so secured shall be used for the payment of the expenses of
administering this chapter.
For the purposes of this paragraph, the term "insurance carrier" shall
include only stock corporations, mutual corporations and reciprocal
insurers authorized to transact the business of workers' compensation
insurance in this state and the term "self-insurer" shall include any
employer or group of employers permitted to pay compensation directly
under the provisions of subdivision three, three-a or four of section
fifty of this chapter. FOR THE PURPOSES OF THIS SECTION, A "SELF-INSUR-
ER" SHALL BE: (I) AN EMPLOYER AUTHORIZED TO SELF-INSURE UNDER SUBDIVI-
SION THREE OF SECTION FIFTY OF THIS CHAPTER, OR ACTIVE GROUPS AUTHORIZED
PURSUANT TO SUBDIVISION THREE-A OF SECTION FIFTY OF THIS CHAPTER, A
GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE UNDER PARAGRAPH TEN OF
SUBDIVISION THREE-A OF SECTION FIFTY OF THIS CHAPTER; OR (II) A PUBLIC
EMPLOYER AS SET FORTH IN PARAGRAPH A OF SUBDIVISION FOUR OF SECTION
FIFTY OF THIS CHAPTER AUTHORIZED TO SELF-INSURE UNDER SUBDIVISION THREE,
THREE-A OR FOUR OF SECTION FIFTY OR ARTICLE FIVE OF THIS CHAPTER, WHETH-
ER INDIVIDUALLY OR AS A GROUP.
(c) Assessments for the special disability fund, the fund for reopened
cases and for the operations of the board shall not constitute elements
of loss but shall for collection purposes be treated as separate costs
by carriers. [All group self-insurers shall collect such assessments
from their employer members in a fair and equitable manner.] All insur-
ance carriers, including the state insurance fund, shall collect such
assessments from their policyholders through a surcharge based on premi-
um in accordance with rules set forth by the New York workers' compen-
sation rating board, as approved by the superintendent of insurance.
Such surcharge shall be considered as part of premium for purposes
prescribed by law including, but not limited to, computing premium tax,
reporting to the superintendent of insurance pursuant to section nine-
ty-nine of this chapter and section three hundred seven of the insurance
law, determining the limitation of expenditures for the administration
of the state insurance fund pursuant to section eighty-eight of this
chapter and the cancellation by an insurance carrier, including the
state insurance fund, of a policy for non-payment of premium.
S 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
S. 2807--A 23 A. 4007--A
assessment pursuant to subparagraph 4 of paragraph (h) of subdivision 8
of section 15 of the workers' compensation law for all purposes.
PART H
Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu-
tive law, as separately amended by section 11 of part A-1 and section 10
of part O of chapter 56 of the laws of 2010, is amended to read as
follows:
(f) executive director of adirondack park agency, commissioners of the
state liquor authority, [commissioners of the state civil service
commission,] members of state commission of correction, members of unem-
ployment insurance appeal board, and members of the workers' compen-
sation board.
S 2. Paragraph (a) of subdivision 2 of section 5 of the civil service
law, as amended by chapter 248 of the laws of 1960, is amended to read
as follows:
(a) Appointment. The state civil service commission is continued and
shall consist of three commissioners who shall be appointed by the
governor, by and with the advice and consent of the senate, not more
than two of whom shall be adherents of the same political party. The
governor shall designate one of the members of the commission to be
president of the commission and such member shall serve in the capacity
of president during the pleasure of the governor. The members shall not
hold any other public office or public employment for which they shall
receive compensation other than necessary travel and other expenses
incurred in the performance of the duties of such other office or
employment, or engage in private employment or in a profession or busi-
ness which interferes with the performance of their duties or requires
their disqualification from the performance of such duties because of a
conflict of interests caused thereby. THE COMMISSIONERS OTHER THAN THE
PRESIDENT OF THE COMMISSION SHALL, WHEN PERFORMING THE WORK OF THE
COMMISSION, BE COMPENSATED AT THE RATE OF TWO HUNDRED FIFTY DOLLARS PER
DAY, TOGETHER WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE DISCHARGE OF THEIR DUTIES HEREUNDER. THE PRESIDENT OF
THE COMMISSION SHALL RECEIVE AN ANNUAL SALARY ESTABLISHED IN SECTION ONE
HUNDRED SIXTY-NINE OF THE EXECUTIVE LAW. No member shall serve as an
officer of any political party or political organization or engage in
partisan political activities.
S 3. This act shall take effect immediately, and shall apply to
current members of the civil service commission.
PART I
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-
S. 2807--A 24 A. 4007--A
ant to paragraph e of this subdivision [plus any additional aid received
in such year pursuant to paragraph p of this subdivision].
S 2. Paragraph b of subdivision 10 of section 54 of the state finance
law is amended by adding a new subparagraph (iv) to read as follows:
(IV) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, WITHIN
AMOUNTS APPROPRIATED IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST,
TWO THOUSAND ELEVEN, THERE SHALL BE APPORTIONED AND PAID TO EACH MUNICI-
PALITY A BASE LEVEL GRANT IN AN AMOUNT EQUAL TO THE PRIOR YEAR AID
RECEIVED BY SUCH MUNICIPALITY MINUS A BASE LEVEL GRANT ADJUSTMENT EQUAL
TO TWO PERCENT OF SUCH PRIOR YEAR AID.
S 3. Paragraph i of subdivision 10 of section 54 of the state finance
law is amended by adding a new subparagraph (viii) to read as follows:
(VIII) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN THE
STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN, THE BASE
LEVEL GRANT ADJUSTMENT PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH B OF
THIS SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A
TOWN OR VILLAGE, ON OR BEFORE DECEMBER FIFTEENTH FOR A CITY WHOSE FISCAL
YEAR BEGINS JANUARY FIRST, AND ON OR BEFORE MARCH FIFTEENTH FOR A CITY
WHOSE FISCAL YEAR DOES NOT BEGIN JANUARY FIRST.
S 4. Paragraph j of subdivision 10 of section 54 of the state finance
law, as amended by section 4 of part Z of chapter 56 of the laws of
2010, is amended to read as follows:
j. Special aid and incentives for municipalities to the city of New
York. In the state fiscal year commencing April first, two thousand
seven a city with a population of one million or more shall receive
twenty million dollars on or before December fifteenth. In the state
fiscal year commencing April first, two thousand eight, a city with a
population of one million or more shall receive two hundred forty-five
million nine hundred forty-four thousand eight hundred thirty-four
dollars payable on or before December fifteenth. In the state fiscal
[years] YEAR commencing April first, two thousand nine [and April first,
two thousand eleven, and in each state fiscal year thereafter], a city
with a population of one million or more shall receive three hundred one
million six hundred fifty-eight thousand four hundred ninety-five
dollars payable on or before December fifteenth. Special aid and incen-
tives for municipalities to the city of New York shall be apportioned
and paid as required as follows:
(i) Any amounts required to be paid to the city university
construction fund pursuant to the city university construction fund act;
(ii) Any amounts required to be paid to the New York city housing
development corporation pursuant to the New York city housing develop-
ment corporation act;
(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;
S. 2807--A 25 A. 4007--A
(v) The balance of the special account for the municipal assistance
corporation for the city of New York in the municipal assistance state
aid fund created pursuant to section ninety-two-e of this chapter;
(vi) Any amounts to be refunded to the general fund of the state of
New York pursuant to the annual appropriation enacted for the municipal
assistance state aid fund;
(vii) To the state of New York municipal bond bank agency to the
extent provided by section twenty-four hundred thirty-six of the public
authorities law; and
(viii) To the transit construction fund to the extent provided by
section twelve hundred twenty-five-i of the public authorities law, and
thereafter to the city of New York.
Notwithstanding any other law to the contrary, the amount paid to any
city with a population of one million or more on or before December
fifteenth shall be for an entitlement period ending the immediately
preceding June thirtieth.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.
PART J
Section 1. Paragraph b of subdivision 2 of section 54-1 of the state
finance law, as amended by section 1 of part AA of chapter 56 of the
laws of 2010, is amended to read as follows:
b. Eligible municipalities shall receive: (i) for the state fiscal
years commencing April first, two thousand seven and April first, two
thousand eight, a share of three and one-half percent of the "estimated
net machine income" generated by a video lottery gaming facility located
within such eligible municipality as follows: (1) twenty-five percent
shall be apportioned and paid to the county; and (2) seventy-five
percent shall be apportioned and paid on a pro rata basis to eligible
municipalities, other than the county, based upon the population of such
eligible municipalities. Such state aid payment shall not exceed twen-
ty-five percent of an eligible municipality's total expenditures as
reported in the statistical report of the comptroller in the preceding
state fiscal year pursuant to section thirty-seven of the general munic-
ipal law; (ii) for the state fiscal year commencing April first, two
thousand nine: (1) for an eligible municipality which is located in a
county that has a poverty rate equal to or greater than seventy-five
percent of the New York state poverty rate, an amount equal to the state
aid payment received in the state fiscal year commencing April first,
two thousand eight; and (2) for an eligible municipality which is
located in a county that has a poverty rate less than seventy-five
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
S. 2807--A 26 A. 4007--A
Section 1. The paragraph heading of paragraph o of subdivision 10 of
section 54 of the state finance law, as added by section 7 of part O of
chapter 56 of the laws of 2008, is amended to read as follows:
Local government efficiency grant program beginning in the state
fiscal year commencing April first, two thousand eight AND CONTINUING
UNTIL THE END OF THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
SAND TEN.
S 2. Paragraph p of subdivision 10 of section 54 of the state finance
law, as amended by section 6 of part GG of chapter 56 of the laws of
2009, is amended to read as follows:
p. [Local government efficiency grant program municipal merger incen-
tives] CITIZEN EMPOWERMENT TAX CREDIT. (I) For the purposes of this
paragraph, "municipalities" shall mean cities with a population less
than one million, towns and villages.
(II) Within the annual amounts appropriated therefor, surviving muni-
cipalities following a [merger,] consolidation or dissolution occurring
on or after the state fiscal year commencing April first, two thousand
seven [may] SHALL be awarded additional ANNUAL aid, STARTING in the
state fiscal year following THE STATE FISCAL YEAR IN WHICH such [merg-
er,] consolidation or dissolution TOOK EFFECT, equal to fifteen percent
of the combined amount of real property taxes levied by all of the muni-
cipalities participating in the [merger,] consolidation or dissolution
in the local fiscal year prior to the local fiscal year in which such
[merger,] consolidation or dissolution took effect. In instances of the
dissolution of a village located in more than one town, such additional
aid shall equal the sum of fifteen percent of the real property taxes
levied by such village in the village fiscal year prior to the village
fiscal year in which such dissolution took effect plus fifteen percent
of the average amount of real property taxes levied by the towns in
which the village was located in the town fiscal year prior to the town
fiscal year in which such dissolution took effect, and shall be divided
among such towns based on the percentage of such village's population
that resided in each such town as of the most recent federal decennial
census. IN NO CASE SHALL THE ADDITIONAL AID PURSUANT TO THIS PARAGRAPH
EXCEED ONE MILLION DOLLARS. Such additional aid shall be apportioned and
paid to the chief fiscal officer of each [consolidated or merged] ELIGI-
BLE municipality ON OR BEFORE SEPTEMBER TWENTY-FIFTH OF EACH SUCH STATE
FISCAL YEAR on audit and warrant of the state comptroller out of moneys
appropriated by the legislature for such purpose to the credit of the
local assistance fund [in the general fund of the state treasury in the
same "on or before month and day" manner as the municipality's base
level grant is paid pursuant to subparagraph (i) of paragraph i of this
subdivision].
(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
S. 2807--A 27 A. 4007--A
STATE CITIZEN EMPOWERMENT TAX CREDIT RECEIVED AS THE RESULT OF LOCAL
GOVERNMENT RE-ORGANIZATION IS $______." THE PROPERTY TAX SAVINGS FROM
THE CITIZEN EMPOWERMENT TAX CREDIT FOR EACH PROPERTY TAX BILL SHALL BE
CALCULATED BY (1) MULTIPLYING THE AMOUNT OF THE CITIZEN EMPOWERMENT TAX
CREDIT USED FOR PROPERTY TAX RELIEF BY THE AMOUNT OF PROPERTY TAXES
LEVIED ON SUCH PROPERTY BY SUCH MUNICIPALITY AND (2) DIVIDING THE RESULT
BY THE TOTAL AMOUNT OF PROPERTY TAXES LEVIED BY SUCH MUNICIPALITY.
S 3. Paragraph q of subdivision 10 of section 54 of the state finance
law is relettered paragraph t and three new paragraphs q, r and s are
added to read follows:
Q. LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANT
PROGRAM. (I) (1) FOR THE PURPOSES OF THIS PARAGRAPH, "LOCAL GOVERNMENT
ENTITY" OR "ENTITY" SHALL MEAN A TOWN, VILLAGE, DISTRICT, SPECIAL
IMPROVEMENT DISTRICT OR OTHER IMPROVEMENT DISTRICT, INCLUDING, BUT NOT
LIMITED TO, SPECIAL DISTRICTS CREATED PURSUANT TO ARTICLES ELEVEN,
TWELVE, TWELVE-A OR THIRTEEN OF THE TOWN LAW, LIBRARY DISTRICTS, AND
OTHER DISTRICTS CREATED BY LAW; PROVIDED, HOWEVER, THAT A LOCAL GOVERN-
MENT ENTITY SHALL NOT INCLUDE SCHOOL DISTRICTS, CITY DISTRICTS OR
SPECIAL PURPOSE DISTRICTS CREATED BY COUNTIES UNDER COUNTY LAW.
(2) FOR THE PURPOSES OF THIS PARAGRAPH, "LOCAL GOVERNMENT RE-ORGANIZA-
TION" SHALL MEAN THE CONSOLIDATION OR DISSOLUTION OF A LOCAL GOVERNMENT
ENTITY IN ACCORDANCE WITH ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL
LAW.
(II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE MAY AWARD GRANTS TO LOCAL GOVERNMENT ENTITIES TO COVER COSTS ASSO-
CIATED WITH STUDIES, PLANS, AND IMPLEMENTATION EFFORTS RELATED TO LOCAL
GOVERNMENT RE-ORGANIZATION ACTIVITIES.
(III) STUDY PROJECTS SHALL INCLUDE AN EXAMINATION OF THE POTENTIAL
FINANCIAL SAVINGS, MANAGEMENT IMPROVEMENTS, AND SERVICE DELIVERY CHANGES
RESULTING FROM A LOCAL GOVERNMENT RE-ORGANIZATION, AS WELL AS OPTIONS
FOR COST-SAVINGS IF THE RE-ORGANIZATION IS NOT COMPLETED.
(IV) LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANTS MAY
BE USED TO COVER COSTS INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULT-
ANT SERVICES, CAPITAL IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND
OTHER NECESSARY EXPENSES RELATED TO RE-ORGANIZATION ANALYSIS, PLANNING
AND IMPLEMENTATION. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSI-
TIONAL PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH
EXPENSES ARE INTEGRAL TO IMPLEMENTATION OF THE RE-ORGANIZATION. NO PART
OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECURRING EXPENSES SUCH
AS SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN TRANSITIONAL PERSONNEL
ESSENTIAL FOR THE IMPLEMENTATION OF THE RE-ORGANIZATION SHALL BE ELIGI-
BLE FOR A PERIOD NOT TO EXCEED THREE YEARS.
(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-
S. 2807--A 28 A. 4007--A
TION STUDY SHALL IN NO EVENT EXCEED FIFTY THOUSAND DOLLARS PER APPLICA-
TION, OF WHICH UP TO TWENTY-FIVE THOUSAND DOLLARS MAY BE AWARDED ON AN
EXPEDITED BASIS. A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
GRANT FOR THE PLANNING OR IMPLEMENTATION OF A RE-ORGANIZATION SHALL NOT
EXCEED FIFTY THOUSAND DOLLARS. IN NO EVENT SHALL THE CUMULATIVE GRANT
AWARDS FOR A LOCAL GOVERNMENT RE-ORGANIZATION EXCEED ONE HUNDRED THOU-
SAND DOLLARS.
(VII) MATCHING FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF ACTIV-
ITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE
SHALL BE REQUIRED.
R. LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM BEGINNING IN THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN. (I) (1) FOR THE
PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN A COUNTY, CITY,
TOWN, VILLAGE, SPECIAL IMPROVEMENT DISTRICT, FIRE DISTRICT, PUBLIC
LIBRARY, ASSOCIATION LIBRARY, WATER AUTHORITY, SEWER AUTHORITY, REGIONAL
PLANNING AND DEVELOPMENT BOARD, SCHOOL DISTRICT, OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES; PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS
DEFINITION, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSID-
ERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH BOARD OF COOPERATIVE
EDUCATIONAL SERVICES ADVANCES A JOINT APPLICATION ON BEHALF OF SCHOOL
DISTRICTS AND OTHER MUNICIPALITIES WITHIN THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES REGION; PROVIDED, HOWEVER, THAT ANY AGREEMENTS WITH
A BOARD OF COOPERATIVE EDUCATIONAL SERVICES: SHALL NOT GENERATE ADDI-
TIONAL STATE AID; SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPI-
TAL AND ADMINISTRATIVE BUDGETS OF THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES FOR THE PURPOSES OF COMPUTING CHARGES UPON COMPONENT SCHOOL
DISTRICTS PURSUANT TO SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARA-
GRAPH B OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY AND SUBDI-
VISION ONE OF SECTION NINETEEN HUNDRED FIFTY-ONE OF THE EDUCATION LAW;
AND SHALL BE DEEMED TO BE A COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES
OF SUBPARAGRAPH TWO OF PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINE-
TEEN HUNDRED FIFTY OF THE EDUCATION LAW.
(2) FOR THE PURPOSES OF THIS PARAGRAPH, "FUNCTIONAL CONSOLIDATION"
SHALL MEAN ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE OR FUNCTION
FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
TION.
(II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE MAY AWARD COMPETITIVE GRANTS TO MUNICIPALITIES TO COVER COSTS
ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
LIMITED TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION
OR DISSOLUTION, A FUNCTIONAL CONSOLIDATION, A CITY OR COUNTY CHARTER
REVISION THAT INCLUDES FUNCTIONAL CONSOLIDATION, SHARED OR COOPERATIVE
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.
S. 2807--A 29 A. 4007--A
(III) ANY APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL
SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
ING FROM PROJECT IMPLEMENTATION.
(IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE USED TO COVER COSTS
INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL
IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY EXPENSES
RELATED TO IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT
WORK PLAN. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSITIONAL
PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES
ARE INTEGRAL TO IMPLEMENTATION OF THE LOCAL GOVERNMENT EFFICIENCY
PROJECT. NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR-
RING EXPENSES SUCH AS SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN
TRANSITIONAL PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE APPROVED
LOCAL GOVERNMENT EFFICIENCY GRANT WORK PLAN SHALL BE ELIGIBLE FOR A
PERIOD NOT TO EXCEED THREE YEARS. THE AMOUNTS AWARDED TO A SCHOOL
DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE INCLUDED IN THE
APPROVED OPERATING EXPENSE OF THE SCHOOL DISTRICT AS DEFINED IN PARA-
GRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION LAW.
(V) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT EFFI-
CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER MUNICI-
PALITY; PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT RECEIVE
A CUMULATIVE GRANT AWARD IN EXCESS OF ONE MILLION DOLLARS. THE MAXIMUM
GRANT AWARD FOR A LOCAL GOVERNMENT EFFICIENCY PLANNING PROJECT, OR THE
PLANNING COMPONENT OF A PROJECT THAT INCLUDES BOTH PLANNING AND IMPLE-
MENTATION OF A LOCAL GOVERNMENT EFFICIENCY PROJECT, SHALL NOT EXCEED
TWENTY-FIVE THOUSAND DOLLARS PER MUNICIPALITY; PROVIDED, HOWEVER, THAT
IN NO EVENT SHALL SUCH A PLANNING PROJECT RECEIVE A GRANT AWARD IN
EXCESS OF TWO HUNDRED THOUSAND DOLLARS.
(VI) LOCAL MATCHING FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF
ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE
SHALL BE REQUIRED. IN THE EVENT AN APPLICANT IS IMPLEMENTING A PROJECT
THAT THE APPLICANT DEVELOPED THROUGH A SUCCESSFULLY COMPLETED PLANNING
GRANT FUNDED UNDER THE LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM OR THE
SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM, THE LOCAL MATCHING
FUNDS REQUIRED SHALL BE REDUCED BY THE LOCAL MATCHING FUNDS REQUIRED BY
SUCH SUCCESSFULLY COMPLETED PLANNING GRANT.
(VII) IN THE SELECTION OF GRANT AWARDS, THE SECRETARY OF STATE SHALL
GIVE THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN THE
DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
THE COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3) BY
LOCAL GOVERNMENTS WITH HISTORICALLY HIGH COSTS OF LOCAL GOVERNMENT OR
SUSTAINED INCREASES IN PROPERTY TAXES. PRIORITY WILL ALSO BE GIVEN TO
MUNICIPALITIES THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT PURSUANT
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-
S. 2807--A 30 A. 4007--A
ICANT IMPROVEMENTS IN SERVICE REALIZED BY MUNICIPALITIES THAT HAVE
RECEIVED GRANTS.
S. LOCAL GOVERNMENT PERFORMANCE AND EFFICIENCY PROGRAM. (I) DEFI-
NITIONS. FOR THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN
A COUNTY, CITY, TOWN, OR VILLAGE, BUT SHALL NOT INCLUDE THE INDIVIDUAL
COUNTIES CONTAINED IN THE CITY OF NEW YORK.
(II) PURPOSE. THERE IS HEREBY ESTABLISHED A LOCAL GOVERNMENT PERFORM-
ANCE AND EFFICIENCY PROGRAM. THE PURPOSE OF THIS PROGRAM IS TO RECOGNIZE
MUNICIPALITIES THAT HAVE UNDERTAKEN SIGNIFICANT AND INNOVATIVE ACTIONS
TO IMPROVE THE OVERALL EFFICIENCY OF GOVERNMENTAL OPERATIONS AND PRODUCE
QUANTIFIABLE RECURRING FINANCIAL SAVINGS THAT REDUCE THE MUNICIPAL TAX
BURDEN ON RESIDENTS.
(III) ELIGIBILITY. ALL MUNICIPALITIES IN NEW YORK STATE ARE ELIGIBLE
TO APPLY INDIVIDUALLY OR JOINTLY, PROVIDED HOWEVER THAT IF AN ACTION WAS
UNDERTAKEN JOINTLY, MUNICIPALITIES MUST APPLY JOINTLY FOR SUCH AN
ACTION. THE ACTIONS FOR WHICH THEY APPLY MUST ALREADY HAVE BEEN IMPLE-
MENTED.
(IV) USE OF AWARDS. AWARDS RECEIVED PURSUANT TO THE PROGRAM SHALL BE
USED BY MUNICIPALITIES FOR GENERAL MUNICIPAL PURPOSES.
(V) APPLICATION. THE SECRETARY OF STATE SHALL DEVELOP AN APPLICATION
FOR MUNICIPALITIES SEEKING TO RECEIVE AWARDS AND A PROCESS BY WHICH THE
APPLICATIONS WILL BE EVALUATED. SUCH APPLICATION SHALL REQUIRE MUNICI-
PALITIES TO DEMONSTRATE HOW THE ACTION FOR WHICH THEY HAVE APPLIED HAS
RESULTED IN QUANTIFIABLE RECURRING SAVINGS, EFFICIENCIES, AND PERMANENT
IMPROVEMENTS TO MUNICIPAL SERVICES. THE SECRETARY OF STATE MAY FOCUS THE
PROGRAM IN SPECIFIC FUNCTIONAL SERVICE AREAS, IN WHICH CASE SUCH AREAS
OF FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICATIONS. NO APPLICATION
SHALL BE CONSIDERED FOR ACTIONS THAT COMMENCED PRIOR TO JANUARY FIRST,
TWO THOUSAND TEN.
(VI) AWARDS. THE SECRETARY OF STATE MAY MAKE AWARDS TO APPLICANTS
BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF CURRENT
AND FUTURE SAVINGS, THE IMPACT OF SUCH ACTION UPON THE MUNICIPAL PROPER-
TY TAX LEVY, THE SIZE AND COMPLEXITY OF THE ACTION, AND THE ABILITY FOR
THE ACTION TO BE REPLICATED BY OTHER MUNICIPALITIES. AWARDS SHALL ONLY
BE MADE TO MUNICIPALITIES FOR ACTIONS THAT HAVE BEEN FULLY IMPLEMENTED,
THAT CLEARLY RESULTED IN QUANTIFIABLE SAVINGS AND EFFICIENCIES, AND THAT
PRODUCED PERMANENT AND QUANTIFIABLE IMPROVEMENTS TO MUNICIPAL EFFICIENCY
OR SERVICES. THE MAXIMUM AMOUNT AWARDED PER APPLICATION SHALL NOT EXCEED
THE LESSER OF FIVE MILLION DOLLARS OR TWENTY-FIVE DOLLARS PER RESIDENT
OF THE APPLYING MUNICIPALITIES AS OF THE MOST RECENT FEDERAL DECENNIAL
CENSUS, PROVIDED, HOWEVER, THAT IF THE BOUNDARIES OF MUNICIPALITIES
JOINTLY APPLYING FOR SUCH FUNDING OVERLAP, THE RESIDENTS IN OVERLAPPING
AREAS SHALL ONLY BE COUNTED ONCE, AND PROVIDED, FURTHER, THAT IF A COUN-
TY JOINTLY APPLIES WITH SOME BUT NOT ALL OF THE OTHER MUNICIPALITIES
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
S. 2807--A 31 A. 4007--A
Section 1. Section 4 of chapter 774 of the laws of 1989, amending the
real property tax law relating to certain state lands subject to taxa-
tion is amended to read as follows:
S 4. The agreements referred to in section three of this act shall
[enure] INURE to the benefit of and bind the people of the state of New
York in the event that the lands which are the subject of said agree-
ments are acquired by the people of the state of New York acting through
the department of environmental conservation. Upon any acquisition of
such lands by the department of environmental conservation, the
provisions of section 532 of the real property tax law shall not apply
to the lands so acquired but the [taxation thereof] PAYMENTS DUE THEREON
shall be governed by the agreements referred to in section three of this
act for the duration of such agreement. [The] IN THE EVENT THAT NO
SPECIFIC APPROPRIATION SHALL HAVE BEEN MADE FOR THAT PURPOSE, THE AMOUNT
APPROPRIATED FOR PAYMENTS OF TAXES ON STATE LANDS PURSUANT TO SECTIONS
532 THROUGH 546 OF THE REAL PROPERTY TAX LAW SHALL BE DEEMED TO ENCOM-
PASS THE STATE'S OBLIGATION TO MAKE THE PAYMENTS REQUIRED BY THIS
SECTION, NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE taxation of such
lands will be governed by such section 532 at such time as the agree-
ments cease to be effective.
S 2. This act shall take effect immediately.
PART M
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):
S. 2807--A 32 A. 4007--A
a. Local government records management account (01).
3. Dedicated highway and bridge trust fund (072):
a. Highway and bridge capital account (01).
4. State University Residence Hall Rehabilitation Fund (074).
5. State parks infrastructure trust fund (076):
a. State parks infrastructure account (01).
6. Clean water/clean air implementation fund (079).
7. State lottery fund (160):
a. Education - New (03).
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):
S. 2807--A 33 A. 4007--A
a. Statewide planning and research cooperative system account (03).
b. OPWDD provider of service account (05).
c. New York state thruway authority account (08).
d. Mental hygiene patient income account (13).
e. Financial control board account (15).
f. Regulation of racing account (16).
g. New York metropolitan transportation council account (17).
h. Quality of care account (20).
i. Cyber upgrade account (25).
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).
S. 2807--A 34 A. 4007--A
eee. DHCR-HCA application fee account (J5).
fff. EPIC premium account (J6).
ggg. Federal gasoline and diesel fuel excise tax account (L6).
hhh. OTDA income account (L7).
iii. Low income housing monitoring account (NG).
jjj. Procurement opportunities newsletter account (P4).
kkk. Corporation administration account (P6).
lll. Montrose veteran's home account (Q6).
mmm. Excelsior capital corporation reimbursement account (R1).
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).
S. 2807--A 35 A. 4007--A
b. Civil service employee benefits div admin (01).
35. Correctional industries revolving fund (397).
36. Correctional facilities capital improvement fund (399).
37. HCRA resources fund (061):
a. EPIC premium account (J6).
b. Hospital based grants program account (AF).
c. Child health plus program account (29).
S 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
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).
S. 2807--A 36 A. 4007--A
6. $1,100,000 from the general fund to the miscellaneous special
revenue fund (339), Rome school for the deaf account (E6).
7. $80,000,000 from the state university dormitory income fund (330)
to the state university residence hall rehabilitation fund (074).
8. $343,400,000 from the state university dormitory income fund (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
9. $1,000,000 from the miscellaneous special revenue fund (339),
cultural education account (EN), to the miscellaneous special revenue
fund (339), summer school of the arts account (38).
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).
S. 2807--A 37 A. 4007--A
5. $10,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue funds
or the general fund to the miscellaneous special revenue fund (339),
connections account (WK).
6. $41,000,000 from any of the office of temporary and disability
assistance accounts within the federal health and human services fund
(265) to the general fund.
7. $8,300,000 from any of the office of temporary and disability
assistance accounts within the federal health and human services fund
(265) to the miscellaneous special revenue fund (339), client notices
account (EG).
8. $98,980,000 from any of the office of temporary and disability
assistance, department of health or office of children and family
services special revenue funds to the miscellaneous special revenue fund
(339), office of temporary and disability assistance income account
(L7).
9. $2,500,000 from any of the office of temporary and disability
assistance or office of children and family services special revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
10. $50,000,000 from any of the office of children and family
services, office of temporary and disability assistance, department of
labor, and department of health special revenue federal funds to the
office of children and family services miscellaneous special revenue
fund (339), multi-agency training contract account (AY).
11. $12,524,000 from the office of temporary and disability assistance
federal health and human services fund (265) to the miscellaneous
special revenue fund (339), child support revenue account (AX).
12. $6,300,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, or
department of health special revenue funds to the office of temporary
and disability assistance miscellaneous special revenue fund (339),
multi-agency systems development account (MD).
13. $9,248,000 from any of the office of temporary and disability
assistance special revenue federal funds, to the miscellaneous special
revenue fund (339), OTDA training contract account (48).
14. $223,000,000 from the miscellaneous special revenue fund (339),
youth facility per Diem account (YF), to the general fund.
15. $10,000,000 from any of the office of temporary and disability
assistance special revenue federal funds, to the miscellaneous special
revenue fund (339), electronic benefit transfer and common benefit iden-
tification card account (GD).
16. Up to $3,500,000 from the combined gifts, grants, and bequests
fund (020), WB Hoyt Memorial account (78) to the general fund.
17. $1,300,000 from any of the office of temporary and disability
assistance and department of health special revenue federal funds to the
miscellaneous special revenue fund (339) welfare inspector general
administrative reimbursement account (WW).
18. Up to $11,922,000 from the miscellaneous special revenue fund
(339) state central registry (CY) to the general fund.
General Government:
1. $1,566,000 from the miscellaneous special revenue fund (339), exam-
ination and miscellaneous revenue account (ER) to the general fund.
2. $12,500,000 from the general fund to the health insurance revolving
fund (396).
S. 2807--A 38 A. 4007--A
3. $192,400,000 from the health insurance reserve receipts fund (167)
to the general fund.
4. $150,000 from the general fund to the not-for-profit revolving loan
fund (055).
5. $150,000 from the not-for-profit revolving loan fund (055) to the
general fund.
6. $11,000,000 from the miscellaneous special revenue fund (339), real
property disposition account (BP), to the general fund.
7. $3,000,000 from the miscellaneous special revenue fund (339),
surplus property account (DE), to the general fund.
8. $19,260,000 from the general fund to the miscellaneous special
revenue fund (339), alcoholic beverage control account (DB).
9. $1,500,000 from the miscellaneous special revenue fund (339),
federal liability account (FL), to the general fund.
10. $23,000,000 from the miscellaneous special revenue fund (339),
revenue arrearage account (CR), to the general fund.
11. $1,826,000 from the miscellaneous special revenue fund (339)
revenue arrearage account (CR), to the miscellaneous special revenue
fund (339) authority budget office account.
12. Intentionally omitted.
13. $1,000,000 from the miscellaneous special revenue fund (339),
parking services account (BQ), to the general fund, for the purpose of
reimbursing the costs of debt service related to state parking facili-
ties.
14. Up to $45,000,000 from the general fund to the miscellaneous
special revenue fund (339), statewide financial system account (FM).
Health:
1. $12,000,000 from any of the department of health accounts within
the federal health and human services fund (265) to the general fund.
2. $139,560,000 from any of the department of health accounts within
the federal health and human services fund (265) to the miscellaneous
special revenue fund (339), quality of care account (20).
3. $1,000,000 from the general fund to the combined gifts, grants and
bequests fund (020), breast cancer research and education account (BD),
an amount equal to the monies collected and deposited into that account
in the previous fiscal year.
4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous special revenue fund (339), statewide planning and
research cooperation system (SPARCS) program account (03).
5. $250,000 from the general fund to the combined gifts, grants and
bequests fund (020), prostate cancer research, detection, and education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
6. $500,000 from the general fund to the combined gifts, grants and
bequests fund (020), Alzheimer's disease research and assistance account
(AA), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
7. $1,000,000 from the miscellaneous special revenue fund (339),
administration account (AP), to the general fund.
8. $600,000,000 from any of the department of health accounts within
the federal health and human services fund (265) to the miscellaneous
special revenue fund (339), federal state health reform partnership
account (FS).
9. $50,000,000 from the general fund to the miscellaneous special
revenue fund (339), empire state stem cell trust fund account (SR).
S. 2807--A 39 A. 4007--A
10. $1,250,000 from the miscellaneous New York state agency fund
(169), medical assistance account to the department of health miscella-
neous special revenue fund (339), third party health insurance account
(35).
11. $3,700,000 from the miscellaneous New York state agency fund
(169), medical assistance account to the office of medicaid inspector
general miscellaneous special revenue fund (339), recoveries and revenue
account (C9).
12. $1,500,000 from the general fund to the miscellaneous special
revenue fund (339), quality of care improvement account (QC).
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.
S. 2807--A 40 A. 4007--A
6. $16,000,000 from the general fund to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).
7. $20,000,000 from any office of homeland security account within the
federal miscellaneous operating grants fund (290), receiving money
through the homeland security grants program, to the general fund.
8. $11,500,000 from the federal miscellaneous operating grants fund
(290) world trade center account, to the general fund.
9. $22,100,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement account (62) to the general fund.
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. 2807--A 41 A. 4007--A
S 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2012:
1. Upon request of the commissioner of environmental conservation, up
to $10,777,000 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,142,800 from
the environmental protection and oil spill compensation fund (303), and
$1,742,600 from the conservation fund (302), to the environmental
conservation special revenue fund (301), indirect charges account (BJ).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the miscellaneous special
revenue fund (339) administrative costs account, to pay appropriate
administrative expenses.
3. Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund (325), state fair
receipts account (01) to the miscellaneous capital projects fund (387),
state fair capital improvement account (13).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the agency cost recovery account (HI).
5. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account (339), to any miscellaneous special
revenue fund (339).
6. Upon request of the commissioner of health up to $15,000,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund (339), administration
account (AP).
S 4. Notwithstanding section 2815 of the public health law or any
other contrary provision of law, upon the direction of the director of
the budget and the commissioner of health, the dormitory authority of
the state of New York is directed to transfer seven million dollars
annually from funds available and uncommitted in the New York state
health care restructuring pool to the health care reform act (HCRA)
resources fund - HCRA resources account.
S 5. On or before March 31, 2012, the comptroller is authorized and
directed to transfer the unencumbered balance from the family benefit
fund (329) to the general fund.
S 6. On or before March 31, 2012, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund (334),
banking services account (12), for the purpose of meeting direct
payments from such account.
S 7. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, to the state university of New York for
reimbursement of bondable equipment for further transfer to the state's
general fund.
S 8. Notwithstanding any law to the contrary, the state university
chancellor or her designee is authorized and directed to transfer esti-
mated tuition revenue balances from the state university collection fund
S. 2807--A 42 A. 4007--A
(344) to the state university fund (345), state university revenue
offset account (12) on or before March 31, 2012.
S 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or her designee, up to $50,000,000 from the state university income
fund (345), state university hospitals income reimbursable account (22),
for hospital income reimbursable for services and expenses of hospital
operations and capital expenditures at the state university hospitals,
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. 2807--A 43 A. 4007--A
S 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $75 million from the unencumbered balance of any non-general fund
or account, or combination of funds and accounts, to the general fund.
The amounts transferred pursuant to this authorization shall be equal to
those savings achieved in such non-general funds as a result of work-
force savings actions and are in addition to any other transfers
expressly authorized. Transfers from federal funds are not permitted
pursuant to this authorization. The director of the budget shall notify
both houses of the legislature in writing prior to initiating transfers
pursuant to this authorization.
S 14. Notwithstanding any provision of law to the contrary, the power
authority of the state of New York, as deemed feasible and advisable by
its trustees, is authorized and directed to make a contribution to the
state treasury to the credit of the general fund in the amount of
$100,000,000 for the fiscal year commencing April 1, 2011. The power
authority of the state of New York will transfer not less than
$40,000,000 by June 30, 2011 and will transfer the remainder, up to
$60,000,000, by January 31, 2012.
S 14-a. In addition to any payment made by a public benefit corpo-
ration pursuant to an assessment imposed under sections 2975, 2975-a,
2976 and 2976-a of the public authorities law, a public benefit corpo-
ration is authorized to make voluntary contributions to the state gener-
al fund for any lawful purpose at any time from any public benefit
corporation funds in such amounts as deemed to be feasible and advisable
by such public benefit corporation's governing board after due consider-
ation of the public benefit corporation's legal and financial obli-
gations. Notwithstanding any other law, the payment of a voluntary
payment pursuant to this subdivision is deemed to be a valid and proper
purpose for which available funds may be applied. Voluntary contrib-
utions made pursuant to this subdivision shall be payable to the state
treasury to the credit of the general fund.
S 15. Intentionally omitted.
S 16. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 15 of part JJ of chapter 56 of the laws of 2010, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, or any other provisions of law to the contrary, during the fiscal
year beginning April first, two thousand ten, the state comptroller is
hereby authorized and directed to deposit to the fund created pursuant
to this section from amounts collected pursuant to article twenty-two of
the tax law and pursuant to a schedule submitted by the director of the
budget, up to [$3,308,000,000] $3,292,520,000, as may be certified in
such schedule as necessary to meet the purposes of such fund for the
fiscal year beginning April first, two thousand [ten] ELEVEN.
S 17. Subdivision (b) of section 19-a of part PP of chapter 56 of the
laws of 2009, providing funding for certain community projects, relating
to increasing such funding, is REPEALED.
S 18. The comptroller is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities capital improve-
ment fund (399) by a chapter of the laws of 2011. Reimbursements shall
be available for spending from appropriations made to the department of
S. 2807--A 44 A. 4007--A
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 21. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
S. 2807--A 45 A. 4007--A
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
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
S. 2807--A 46 A. 4007--A
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
chapter 62 of the laws of 2005 for technology and development,
reimbursement from the proceeds of notes or bonds issued by the urban
S. 2807--A 47 A. 4007--A
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
disbursements of up to $12,400,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2006 to the
S. 2807--A 48 A. 4007--A
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
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $25,000,000 authorized by chapter
S. 2807--A 49 A. 4007--A
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
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
S. 2807--A 50 A. 4007--A
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
forRoosevelt 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
2007 made to the office of general services for legislative office
building hearing rooms.
S. 2807--A 51 A. 4007--A
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
urban development corporation for services and expenses related to arts
and cultural projects, reimbursement from the proceeds of bonds or notes
S. 2807--A 52 A. 4007--A
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
chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
S. 2807--A 53 A. 4007--A
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
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $5,000,000 authorized by chapter
S. 2807--A 54 A. 4007--A
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,
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
S. 2807--A 55 A. 4007--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
the federal government pursuant to the provisions of the internal reven-
ue code of 1986, as amended.
S. 2807--A 56 A. 4007--A
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:
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
S. 2807--A 57 A. 4007--A
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,
and such bonds and notes shall contain on the face thereof a statement
to such effect.
S. 2807--A 58 A. 4007--A
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
section, and such bonds and notes shall contain on the face thereof a
statement to such effect.
S. 2807--A 59 A. 4007--A
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
that rate arrived at by doubling the semi-annual interest rate
(compounded semi-annually) necessary to discount the debt service
S. 2807--A 60 A. 4007--A
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 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:
S. 2807--A 61 A. 4007--A
(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
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:
S. 2807--A 62 A. 4007--A
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
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. 2807--A 63 A. 4007--A
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
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
S. 2807--A 64 A. 4007--A
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-
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
S. 2807--A 65 A. 4007--A
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
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
S. 2807--A 66 A. 4007--A
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
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. 2807--A 67 A. 4007--A
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-
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
S. 2807--A 68 A. 4007--A
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.
PART P
Section 1. Notwithstanding any other law, the State University Down-
state Medical Center may create a not-for-profit corporation of which
the State University Downstate Medical Center is the sole member, that
will acquire the medical facilities owned by the Long Island College
Hospital in exchange for the assumption by such not-for-profit corpo-
ration of certain obligations of the Long Island College Hospital,
including debt obligations to the Dormitory Authority, and such other
consideration as may be mutually agreed to; and the State University
S. 2807--A 69 A. 4007--A
Downstate Medical Center may enter into a long-term lease with such
not-for-profit corporation for the facilities acquired by such not-for-
profit corporation from the Long Island College Hospital, on such terms
and conditions as shall be agreed to between the State University Down-
state Medical Center and such not-for-profit corporation, including
provisions for the payment of lease payments sufficient to fund the debt
obligations acquired by such not-for-profit corporation, subject to the
approval of the comptroller, the attorney general and the director of
the budget.
S 2. This act shall take effect immediately.
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 P of this act shall be
as specifically set forth in the last section of such Parts.