This bill has been amended

Bill A4007B-2011

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

Extends numerous provisions of law that were set to expire and be repealed, but that were otherwise necessary for the fiscal stability of the state and the health and safety of its citizens; authorizes the governor to close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

Details

Actions

  • Mar 12, 2011: print number 4007b
  • Mar 12, 2011: amend (t) and recommit to ways and means
  • Feb 25, 2011: print number 4007a
  • Feb 25, 2011: amend (t) and recommit to ways and means
  • Feb 1, 2011: referred to ways and means

Text

STATE OF NEW YORK ________________________________________________________________________ 4007--B IN ASSEMBLY February 1, 2011 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee AN ACT to amend chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, in relation to extending the expiration of such chapter; to amend chapter 428 of the laws of 1999, amending the executive law and the criminal proce- dure law relating to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to extending the expiration of such chapter; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, in relation to extending the expiration of such chapter; to amend chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and fund- ing, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to extending the expiration of such chapter; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for commu- nity treatment facilities and establishing the crime of absconding from the community treatment facility, in relation to extending the expiration of such chapter; to amend chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarcera- tion fee, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 907 of the laws of 1984, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12570-04-1 A. 4007--B 2 amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; to amend the vehicle and traffic law, in relation to extending the expiration of the mandatory surcharge and victim assist- ance fee; to amend chapter 713 of the laws of 1988, amending the vehi- cle and traffic law relating to the ignition interlock device program, in relation to extending the expiration thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and the penal law of such chapter; to amend chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prison- er litigation reform, in relation to extending the expiration of the inmate filing fee provisions of the civil practice law and rules and general filing fee provision and inmate property claims exhaustion requirement of the court of claims act of such chapter; to amend chap- ter 222 of the laws of 1994 constituting the family protection and domestic violence intervention act of 1994, in relation to extending the expiration of certain provisions of the criminal procedure law requiring the arrest of certain persons engaged in family violence; to amend chapter 505 of the laws of 1985, amending the criminal procedure law relating to the use of closed-circuit television and other protec- tive measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 3 of the laws of 1995, enacting the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 689 of the laws of 1993 amending the criminal procedure law relating to electronic court appearance in certain counties, in relation to extending the effective date thereof; to amend chapter 688 of the laws of 2003, amending the executive law relating to enacting the interstate compact for adult offender supervision, in relation to extending the expiration of certain provisions of such chapter; and to amend part H of chapter 56 of the laws of 2008 amending the correction law relating to limiting the closings of certain correctional facili- ties, providing for the custody by the department of correctional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, in relation to extending the effectiveness thereof (Part A); to amend chapter 503 of the laws of 2009 relating to the disposi- tion of monies recovered by county district attorneys before the filing of an accusatory instrument, in relation thereto and the effec- tiveness thereof (Part B); Intentionally omitted (Part C); to amend the tax law, in relation to eliminating certain allowable uses of revenue generated by the cellular surcharge (Part D); to amend the executive law and the alcoholic beverage control law, in relation to removing the salary provision for state liquor authority commission- ers, other than the chairman (Part E); to amend the election law, in relation to eliminating certain publishing requirements by state and local boards of election (Part F); to amend the workers' compensation law, in relation to self-insurers; and to repeal certain provisions of such law relating thereto (Part G); to amend the executive law and the civil service law, in relation to removing the salary provision for A. 4007--B 3 civil service commissioners other than the president (Part H); to amend the state finance law, in relation to aid and incentives for municipalities (Part I); to amend the state finance law, in relation to a program of aid to municipalities in which a video lottery termi- nal facility is located (Part J); to amend the state finance law, in relation to creating citizen empowerment tax credits, local government citizens re-organization empowerment grants and the local government performance and efficiency program, and streamlining the local govern- ment efficiency grant program (Part K); to amend chapter 774 of the laws of 1989 amending the real property tax law relating to certain state lands subject to taxation, in relation to clarifying the state's obligation to make payments with respect to certain lands (Part L); Intentionally omitted (Part M); to provide for the administration of certain funds and accounts related to the 2011-2012 budget; to author- ize certain payments and transfers; to amend the state finance law, in relation to the school tax relief fund; to amend the state finance law, in relation to the issuance of revenue bonds and in relation to mental health service facilities financing; to amend chapter 57 of the laws of 2008, providing for the administration of certain funds and accounts related to the 2008-2009 budget, in relation to effectiveness of certain provisions thereof; to amend the public authorities law, in relation to environmental infrastructure projects; to amend chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, chapter 81 of the laws of 2002, providing for the administration of certain funds and accounts related to the 2002-2003 budget, chapter 389 of the laws of 1997, providing for the financing of the correctional facilities improvement fund and the youth facility improvement fund, chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund; to amend the state finance law, in relation to certif- icates of participation; to amend the private housing finance law, in relation to housing program bonds and notes; to amend the public authorities law, in relation to the issuance of bonds by the dormitory authority and the New York state environmental facilities corporation; to amend the public authorities law, in relation to voting of direc- tors of local government assistance corporation; to amend the public authorities law, in relation to library construction; to amend part JJ of chapter 56 of the laws of 2010, relating to providing for the administration of certain funds and accounts related to the 2010-2011 budget, in relation to the effectiveness thereof; to repeal subdivi- sion (b) of section 19-a of part PP of chapter 56 of the laws of 2009, relating to providing funding for certain community projects, relating to increasing funding; and providing for the repeal of certain provisions upon expiration thereof (Part N); Intentionally omitted (Part O); in relation to allowing the State University Downstate Medical Center to create a not-for-profit corporation (Part P); and to amend chapter 141 of the laws of 1994, amending the legislative law and the state finance law relating to the operation and administration of the legislature, in relation to extending such provisions (Part Q) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: A. 4007--B 4 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2011-2012 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through Q. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes a reference to a section 8 "of this act", when used in connection with that particular component, 9 shall be deemed to mean and refer to the corresponding section of the 10 Part in which it is found. Section three of this act sets forth the 11 general effective date of this act. 12 PART A 13 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the 14 correction law relating to the psychological testing of candidates, as 15 amended by section 1 of part U of chapter 56 of the laws of 2009, is 16 amended to read as follows: 17 S 2. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law and shall remain in effect until September 1, 19 [2011] 2014. 20 S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- 21 tive law and the criminal procedure law relating to expanding the 22 geographic area of employment of certain police officers, as amended by 23 section 2 of part U of chapter 56 of the laws of 2009, is amended to 24 read as follows: 25 S 3. This act shall take effect on the first day of November next 26 succeeding the date on which it shall have become a law, and shall 27 remain in effect until the first day of September, [2011] 2014, when it 28 shall expire and be deemed repealed. 29 S 3. Section 3 of chapter 886 of the laws of 1972, amending the 30 correction law and the penal law relating to prisoner furloughs in 31 certain cases and the crime of absconding therefrom, as amended by 32 section 3 of part U of chapter 56 of the laws of 2009, is amended to 33 read as follows: 34 S 3. This act shall take effect 60 days after it shall have become a 35 law and shall remain in effect until September 1, [2011] 2014. 36 S 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 37 50, 53 and 54 of the laws of 1987, the correction law, the penal law and 38 other chapters and laws relating to correctional facilities, as amended 39 by section 4 of part U of chapter 56 of the laws of 2009, is amended to 40 read as follows: 41 S 20. This act shall take effect immediately except that section thir- 42 teen of this act shall expire and be of no further force or effect on 43 and after September 1, [2011] 2014 and shall not apply to persons 44 committed to the custody of the department after such date, and provided 45 further that the commissioner of correctional services shall report each 46 January first and July first during such time as the earned eligibility 47 program is in effect, to the chairmen of the senate crime victims, crime 48 and correction committee, the senate codes committee, the assembly 49 correction committee, and the assembly codes committee, the standards in 50 effect for earned eligibility during the prior six-month period, the 51 number of inmates subject to the provisions of earned eligibility, the 52 number who actually received certificates of earned eligibility during 53 that period of time, the number of inmates with certificates who are 54 granted parole upon their first consideration for parole, the number A. 4007--B 5 1 with certificates who are denied parole upon their first consideration, 2 and the number of individuals granted and denied parole who did not have 3 earned eligibility certificates. 4 S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, 5 amending the tax law and other laws relating to taxes, surcharges, fees 6 and funding, as amended by section 5 of part U of chapter 56 of the laws 7 of 2009, is amended to read as follows: 8 (q) the provisions of section two hundred eighty-four of this act 9 shall remain in effect until September 1, [2011] 2014 and be applicable 10 to all persons entering the program on or before August 31, [2011] 2014. 11 S 6. Section 10 of chapter 339 of the laws of 1972, amending the 12 correction law and the penal law relating to inmate work release, 13 furlough and leave, as amended by section 6 of part U of chapter 56 of 14 the laws of 2009, is amended to read as follows: 15 S 10. This act shall take effect 30 days after it shall have become a 16 law and shall remain in effect until September 1, [2011] 2014, and 17 provided further that the commissioner of correctional services shall 18 report each January first, and July first, to the chairman of the senate 19 crime victims, crime and correction committee, the senate codes commit- 20 tee, the assembly correction committee, and the assembly codes commit- 21 tee, the number of eligible inmates in each facility under the custody 22 and control of the commissioner who have applied for participation in 23 any program offered under the provisions of work release, furlough, or 24 leave, and the number of such inmates who have been approved for partic- 25 ipation. 26 S 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994 27 relating to certain provisions which impact upon expenditure of certain 28 appropriations made by chapter 50 of the laws of 1994 enacting the state 29 operations budget, as amended by section 7 of part U of chapter 56 of 30 the laws of 2009, is amended to read as follows: 31 (c) sections forty-one and forty-two of this act shall expire Septem- 32 ber 1, [2011] 2014; provided, that the provisions of section forty-two 33 of this act shall apply to inmates entering the work release program on 34 or after such effective date; and 35 S 8. Section 5 of chapter 554 of the laws of 1986, amending the 36 correction law and the penal law relating to providing for community 37 treatment facilities and establishing the crime of absconding from the 38 community treatment facility, as amended by section 8 of part U of chap- 39 ter 56 of the laws of 2009, is amended to read as follows: 40 S 5. This act shall take effect immediately and shall remain in full 41 force and effect until September 1, [2011] 2014, and provided further 42 that the commissioner of correctional services shall report each January 43 first and July first during such time as this legislation is in effect, 44 to the chairmen of the senate crime victims, crime and correction 45 committee, the senate codes committee, the assembly correction commit- 46 tee, and the assembly codes committee, the number of individuals who are 47 released to community treatment facilities during the previous six-month 48 period, including the total number for each date at each facility who 49 are not residing within the facility, but who are required to report to 50 the facility on a daily or less frequent basis. 51 S 9. Subdivision h of section 74 of chapter 3 of the laws of 1995, 52 amending the correction law and other laws relating to the incarceration 53 fee, as amended by section 9 of part U of chapter 56 of the laws of 54 2009, is amended to read as follows: 55 h. Section fifty-two of this act shall be deemed to have been in full 56 force and effect on and after April 1, 1995; provided, however, that the A. 4007--B 6 1 provisions of section 189 of the correction law, as amended by section 2 fifty-five of this act, subdivision 5 of section 60.35 of the penal law, 3 as amended by section fifty-six of this act, and section fifty-seven of 4 this act shall expire September 1, [2011] 2014, when upon such date the 5 amendments to the correction law and penal law made by sections fifty- 6 five and fifty-six of this act shall revert to and be read as if the 7 provisions of this act had not been enacted; provided, however, that 8 sections sixty-two, sixty-three and sixty-four of this act shall be 9 deemed to have been in full force and effect on and after March 1, 1995 10 and shall be deemed repealed April 1, 1996 and upon such date the 11 provisions of subsection (e) of section 9110 of the insurance law and 12 subdivision 2 of section 89-d of the state finance law shall revert to 13 and be read as set out in law on the date immediately preceding the 14 effective date of sections sixty-two and sixty-three of this act; 15 S 10. Subdivision (z) of section 427 of chapter 55 of the laws of 16 1992, amending the tax law and other laws relating to taxes, surcharges, 17 fees and funding, as amended by section 10 of part U of chapter 56 of 18 the laws of 2009, is amended to read as follows: 19 (z) the provisions of section three hundred eighty-one of this act 20 shall apply to all persons supervised by the [division of parole] 21 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION on or after the 22 effective date of this act, provided however, that subdivision 9 of 23 section 259-a of the executive law, as added by section three hundred 24 eighty-one of this act, shall expire on September 1, [2011] 2014; 25 S 11. Subdivision (aa) of section 427 of chapter 55 of the laws of 26 1992, amending the tax law and other laws relating to taxes, surcharges, 27 fees and funding, as amended by section 11 of part U of chapter 56 of 28 the laws of 2009, is amended to read as follows: 29 (aa) the provisions of sections three hundred eighty-two, three 30 hundred eighty-three and three hundred eighty-four of this act shall 31 expire on September 1, [2011] 2014; 32 S 12. Section 12 of chapter 907 of the laws of 1984, amending the 33 correction law, the New York city criminal court act and the executive 34 law relating to prison and jail housing and alternatives to detention 35 and incarceration programs, as amended by section 12 of part U of chap- 36 ter 56 of the laws of 2009, is amended to read as follows: 37 S 12. This act shall take effect immediately, except that the 38 provisions of sections one through ten of this act shall remain in full 39 force and effect until September 1, [2011] 2014 on which date those 40 provisions shall be deemed to be repealed. 41 S 13. Subdivision (p) of section 406 of chapter 166 of the laws of 42 1991, amending the tax law and other laws relating to taxes, as amended 43 by section 13 of part U of chapter 56 of the laws of 2009, is amended to 44 read as follows: 45 (p) The amendments to section 1809 of the vehicle and traffic law made 46 by sections three hundred thirty-seven and three hundred thirty-eight of 47 this act shall not apply to any offense committed prior to such effec- 48 tive date; provided, further, that section three hundred forty-one of 49 this act shall take effect immediately and shall expire November 1, 1993 50 at which time it shall be deemed repealed; sections three hundred 51 forty-five and three hundred forty-six of this act shall take effect 52 July 1, 1991; sections three hundred fifty-five, three hundred fifty- 53 six, three hundred fifty-seven and three hundred fifty-nine of this act 54 shall take effect immediately and shall expire June 30, 1995 and shall 55 revert to and be read as if this act had not been enacted; section three 56 hundred fifty-eight of this act shall take effect immediately and shall A. 4007--B 7 1 expire June 30, 1998 and shall revert to and be read as if this act had 2 not been enacted; section three hundred sixty-four through three hundred 3 sixty-seven of this act shall apply to claims filed on or after such 4 effective date; sections three hundred sixty-nine, three hundred seven- 5 ty-two, three hundred seventy-three, three hundred seventy-four, three 6 hundred seventy-five and three hundred seventy-six of this act shall 7 remain in effect until September 1, [2011] 2014, at which time they 8 shall be deemed repealed; provided, however, that the mandatory 9 surcharge provided in section three hundred seventy-four of this act 10 shall apply to parking violations occurring on or after said effective 11 date; and provided further that the amendments made to section 235 of 12 the vehicle and traffic law by section three hundred seventy-two of this 13 act, the amendments made to section 1809 of the vehicle and traffic law 14 by sections three hundred thirty-seven and three hundred thirty-eight of 15 this act and the amendments made to section 215-a of the labor law by 16 section three hundred seventy-five of this act shall expire on September 17 1, [2011] 2014 and upon such date the provisions of such subdivisions 18 and sections shall revert to and be read as if the provisions of this 19 act had not been enacted; the amendments to subdivisions 2 and 3 of 20 section 400.05 of the penal law made by sections three hundred seventy- 21 seven and three hundred seventy-eight of this act shall expire on July 22 1, 1992 and upon such date the provisions of such subdivisions shall 23 revert and shall be read as if the provisions of this act had not been 24 enacted; the state board of law examiners shall take such action as is 25 necessary to assure that all applicants for examination for admission to 26 practice as an attorney and counsellor at law shall pay the increased 27 examination fee provided for by the amendment made to section 465 of the 28 judiciary law by section three hundred eighty of this act for any exam- 29 ination given on or after the effective date of this act notwithstanding 30 that an applicant for such examination may have prepaid a lesser fee for 31 such examination as required by the provisions of such section 465 as of 32 the date prior to the effective date of this act; the provisions of 33 section 306-a of the civil practice law and rules as added by section 34 three hundred eighty-one of this act shall apply to all actions pending 35 on or commenced on or after September 1, 1991, provided, however, that 36 for the purposes of this section service of such summons made prior to 37 such date shall be deemed to have been completed on September 1, 1991; 38 the provisions of section three hundred eighty-three of this act shall 39 apply to all money deposited in connection with a cash bail or a 40 partially secured bail bond on or after such effective date; and the 41 provisions of sections three hundred eighty-four and three hundred 42 eighty-five of this act shall apply only to jury service commenced 43 during a judicial term beginning on or after the effective date of this 44 act; provided, however, that nothing contained herein shall be deemed to 45 affect the application, qualification, expiration or repeal of any 46 provision of law amended by any section of this act and such provisions 47 shall be applied or qualified or shall expire or be deemed repealed in 48 the same manner, to the same extent and on the same date as the case may 49 be as otherwise provided by law; 50 S 14. Subdivision 8 of section 1809 of the vehicle and traffic law, as 51 amended by section 14 of part U of chapter 56 of the laws of 2009, is 52 amended to read as follows: 53 8. The provisions of this section shall only apply to offenses commit- 54 ted on or before September first, two thousand [eleven] FOURTEEN. 55 S 15. Section 6 of chapter 713 of the laws of 1988, amending the vehi- 56 cle and traffic law relating to the ignition interlock device program, A. 4007--B 8 1 as amended by section 15 of part U of chapter 56 of the laws of 2009, is 2 amended to read as follows: 3 S 6. This act shall take effect on the first day of April next 4 succeeding the date on which it shall have become a law; provided, 5 however, that effective immediately, the addition, amendment or repeal 6 of any rule or regulation necessary for the implementation of the fore- 7 going sections of this act on their effective date is authorized and 8 directed to be made and completed on or before such effective date and 9 shall remain in full force and effect until the first day of September, 10 [2011] 2014 when upon such date the provisions of this act shall be 11 deemed repealed. 12 S 16. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 13 laws of 1997, amending the military law and other laws relating to vari- 14 ous provisions, as amended by section 16 of part U of chapter 56 of the 15 laws of 2009, is amended to read as follows: 16 a. sections forty-three through forty-five of this act shall expire 17 and be deemed repealed on September 1, [2011] 2014; 18 S 17. Section 4 of part D of chapter 412 of the laws of 1999, amending 19 the civil practice law and rules and the court of claims act relating to 20 prisoner litigation reform, as amended by section 17 of part U of chap- 21 ter 56 of the laws of 2009, is amended to read as follows: 22 S 4. This act shall take effect 120 days after it shall have become a 23 law and shall remain in full force and effect until September 1, [2011] 24 2014, when upon such date it shall expire. 25 S 18. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, 26 constituting the family protection and domestic violence intervention 27 act of 1994, as amended by section 18 of part U of chapter 56 of the 28 laws of 2009, is amended to read as follows: 29 2. Subdivision 4 of section 140.10 of the criminal procedure law as 30 added by section thirty-two of this act shall take effect January 1, 31 1996 and shall expire and be deemed repealed on September 1, [2011] 32 2014. 33 S 19. Section 5 of chapter 505 of the laws of 1985, amending the crim- 34 inal procedure law relating to the use of closed-circuit television and 35 other protective measures for certain child witnesses, as amended by 36 section 19 of part U of chapter 56 of the laws of 2009, is amended to 37 read as follows: 38 S 5. This act shall take effect immediately and shall apply to all 39 criminal actions and proceedings commenced prior to the effective date 40 of this act but still pending on such date as well as all criminal 41 actions and proceedings commenced on or after such effective date and 42 its provisions shall expire on September 1, [2011] 2014, when upon such 43 date the provisions of this act shall be deemed repealed. 44 S 20. Subdivision d of section 74 of chapter 3 of the laws of 1995, 45 enacting the sentencing reform act of 1995, as amended by section 21 of 46 part U of chapter 56 of the laws of 2009, is amended to read as follows: 47 d. Sections one-a through twenty, twenty-four through twenty-eight, 48 thirty through thirty-nine, forty-two and forty-four of this act shall 49 be deemed repealed on September 1, [2011] 2014; 50 S 21. Section 2 of chapter 689 of the laws of 1993 amending the crimi- 51 nal procedure law relating to electronic court appearance in certain 52 counties, as amended by section 23 of part U of chapter 56 of the laws 53 of 2009, is amended to read as follows: 54 S 2. This act shall take effect immediately, except that the 55 provisions of this act shall be deemed to have been in full force and 56 effect since July 1, 1992 and the provisions of this act shall expire A. 4007--B 9 1 September 1, [2011] 2014 when upon such date the provisions of this act 2 shall be deemed repealed. 3 S 22. Section 3 of chapter 688 of the laws of 2003, amending the exec- 4 utive law relating to enacting the interstate compact for adult offender 5 supervision, as amended by section 20 of part U of chapter 56 of the 6 laws of 2009, is amended to read as follows: 7 S 3. This act shall take effect immediately, except that section one 8 of this act shall take effect on the first of January next succeeding 9 the date on which it shall have become a law, and shall remain in effect 10 until the first of September, [2011] 2014, upon which date this act 11 shall be deemed repealed and have no further force and effect; provided 12 that section one of this act shall only take effect with respect to any 13 compacting state which has enacted an interstate compact entitled 14 "Interstate compact for adult offender supervision" and having an iden- 15 tical effect to that added by section one of this act and provided 16 further that with respect to any such compacting state, upon the effec- 17 tive date of section one of this act, section 259-m of the executive law 18 is hereby deemed REPEALED and section 259-mm of the executive law, as 19 added by section one of this act, shall take effect; and provided 20 further that with respect to any state which has not enacted an inter- 21 state compact entitled "Interstate compact for adult offender super- 22 vision" and having an identical effect to that added by section one of 23 this act, section 259-m of the executive law shall take effect and the 24 provisions of section one of this act, with respect to any such state, 25 shall have no force or effect until such time as such state shall adopt 26 an interstate compact entitled "Interstate compact for adult offender 27 supervision" and having an identical effect to that added by section one 28 of this act in which case, with respect to such state, effective imme- 29 diately, section 259-m of the executive law is deemed repealed and 30 section 259-mm of the executive law, as added by section one of this 31 act, shall take effect. 32 S 23. Section 8 of part H of chapter 56 of the laws of 2009, amending 33 the correction law relating to limiting the closing of certain correc- 34 tional facilities, providing for the custody by the department of 35 correctional services of inmates serving definite sentences, providing 36 for custody of federal prisoners and requiring the closing of certain 37 correctional facilities, is amended to read as follows: 38 S 8. This act shall take effect immediately; provided, however that 39 sections five and six of this act shall expire and be deemed repealed 40 September 1, [2011] 2014. 41 S 24. This act shall take effect immediately. 42 PART B 43 Section 1. Sections 1 and 2 of part H of chapter 503 of the laws of 44 2009 relating to the disposition of monies recovered by county district 45 attorneys before the filing of an accusatory instrument, as amended by 46 section 1 of part KK of chapter 56 of the laws of 2010, are amended to 47 read as follows: 48 Section 1. When a county district attorney of a county located in a 49 city of one million or more recovers monies before the filing of an 50 accusatory instrument as defined in subdivision 1 of section 1.20 of the 51 criminal procedure law, after injured parties have been appropriately 52 compensated, the district attorney's office shall retain a percentage of 53 the remaining such monies in recognition that such monies were recovered 54 as a result of investigations undertaken by such office. [The] FOR EACH A. 4007--B 10 1 RECOVERY THE total amount of such monies to be retained by the county 2 district attorney's office shall equal ten percent of the first twenty- 3 five million dollars received by such office [during the state fiscal 4 year], plus seven and one-half percent of such monies received by such 5 office in excess of twenty-five million dollars but less than fifty 6 million dollars, plus five percent of any such monies received by such 7 office in excess of fifty million dollars but less than one hundred 8 million dollars, plus one percent of such monies received by such office 9 in excess of one hundred million dollars. The remainder of such monies 10 shall be paid by the district attorney's office to the state and to the 11 county in equal amounts within thirty days of receipt, where disposition 12 of such monies is not otherwise prescribed by law. Monies distributed 13 to a county district attorney's office pursuant to this section shall be 14 used to enhance law enforcement efforts [and shall not supplant funds 15 for ordinary budgetary costs including salaries of personnel and 16 expenses of district attorneys]. 17 S 2. This act shall take effect immediately and shall remain in full 18 force and effect until [the last day of] March 31, [2011] 2012, when it 19 shall expire and be deemed repealed. 20 S 2. This act shall take effect immediately and shall be deemed to 21 have been in full force and effect on and after March 31, 2011; 22 provided, however, that the amendments to section 1 of part H of chapter 23 503 of the laws of 2009 made by section one of this act shall not affect 24 the repeal of such section and shall be deemed repealed therewith. 25 PART C 26 Intentionally omitted. 27 PART D 28 Section 1. Subdivision 6 of section 186-f of the tax law, as added by 29 section 3 of part B of chapter 56 of the laws of 2009, paragraph (c) as 30 amended by section 38 and paragraph (d) as amended and paragraph (e) as 31 added by section 39 of part B of chapter 56 of the laws of 2010, is 32 amended to read as follows: 33 6. Distribution. The monies collected from the surcharge imposed by 34 this section must be distributed to include the following: 35 (a) The sum of twenty-five million five hundred thousand dollars must 36 be allocated to the state police pursuant to appropriation by the legis- 37 lature annually; 38 (b) The sum of one million five hundred thousand dollars must be 39 deposited into the New York state emergency services revolving loan fund 40 annually; PROVIDED, HOWEVER, THAT SUCH SUMS SHALL NOT BE DEPOSITED FOR 41 STATE FISCAL YEARS TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND TWO 42 THOUSAND TWELVE--TWO THOUSAND THIRTEEN; 43 (c) Up to the sum of seventy-five million dollars annually may be used 44 for the provision of grants or reimbursements to counties for the devel- 45 opment, consolidation, or operation of public safety communications 46 systems or networks designed to support statewide interoperable communi- 47 cations for first responders, to be distributed pursuant to standards 48 and guidelines issued by the state. Annual grants may consider costs 49 borne by a municipality related to the issuance of local public safety 50 communications bonds pursuant to section twenty-four hundred thirty-two 51 of the public authorities law, when the municipality has qualified as an 52 approved participant in a statewide interoperable communications system A. 4007--B 11 1 under the standards and guidelines issued by the state, and maintains 2 compliance with such standards and guidelines. The grant amount will be 3 prescribed pursuant to an agreement with the municipality, and may not 4 exceed thirty percent of the annual cost borne by the municipality in 5 relation to such bonds; 6 (d) To provide the costs of debt service for bonds and notes issued to 7 finance expedited deployment funding pursuant to the provisions of 8 section three hundred thirty-three of the county law and section sixteen 9 hundred eighty-nine-h of the public authorities law; and 10 (e) [services] SERVICES and expenses that support the operations and 11 mission of the division of homeland security and emergency services as 12 appropriated by the legislature. 13 S 2. This act shall take effect immediately. 14 PART E 15 Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu- 16 tive law, as separately amended by section 11 of part A-1 and section 10 17 of part O of chapter 56 of the laws of 2010, is amended to read as 18 follows: 19 (f) executive director of adirondack park agency, [commissioners of 20 the state liquor authority,] commissioners of the state civil service 21 commission, members of state commission of correction, members of unem- 22 ployment insurance appeal board, and members of the workers' compen- 23 sation board. 24 S 2. Section 11 of the alcoholic beverage control law, as amended by 25 chapter 83 of the laws of 1995, is amended to read as follows: 26 S 11. Appointment of authority. The members of the authority shall be 27 appointed by the governor by and with the advice and consent of the 28 senate. Not more than two members of the authority shall belong to the 29 same political party. The chairman of the state alcoholic beverage 30 control board heretofore appointed and designated by the governor and 31 the remaining members of such board heretofore appointed by the governor 32 shall continue to serve as chairman and members of the authority until 33 the expiration of the respective terms for which they were appointed. 34 Upon the expiration of such respective terms the successors of such 35 chairman and members shall be appointed to serve for a term of three 36 years each and until their successors have been appointed and qualified. 37 THE COMMISSIONERS, OTHER THAN THE CHAIRMAN SHALL, WHEN PERFORMING THE 38 WORK OF THE AUTHORITY, BE COMPENSATED AT A RATE OF TWO HUNDRED SIXTY 39 DOLLARS PER DAY, TOGETHER WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY 40 EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES. THE CHAIRMAN SHALL 41 RECEIVE AN ANNUAL SALARY ESTABLISHED IN SECTION ONE HUNDRED SIXTY-NINE 42 OF THE EXECUTIVE LAW. 43 S 3. This act shall take effect immediately. 44 PART F 45 Section 1. Subdivision 2 of section 9-212 of the election law, as 46 amended by chapter 635 of the laws of 1990, is amended to read as 47 follows: 48 2. All such determinations shall be in writing and signed by the 49 members of the canvassing board or a majority of them and filed and 50 recorded in the office of the board of elections. Except in the city of 51 New York and in the counties of Nassau, Orange and Westchester, the 52 board of elections shall cause a copy of such determinations, and of the A. 4007--B 12 1 statements filed in its office upon which such determinations were 2 based, to be [published once in each of the newspapers designated to 3 publish election notices and the official canvass] POSTED ON ITS 4 WEBSITE. The statement of canvass to be [published] POSTED, however, 5 shall not give the vote by election districts but shall contain only the 6 total vote for a person, or the total vote for and the total vote 7 against a ballot proposal, cast within the county, or within the portion 8 thereof, if any, in which an office is filled or ballot proposal is 9 decided by the voters if the canvass of the vote thereon devolves upon 10 the county board of canvassers. Such totals shall be expressed in arabic 11 numerals. 12 S 2. Section 4-116 of the election law, the section heading as amended 13 by chapter 234 of the laws of 1976, subdivision 1 as amended by chapter 14 341 of the laws of 1995, and subdivisions 2 and 3 as amended by chapter 15 60 of the laws of 1993, is amended to read as follows: 16 S 4-116. Constitutional amendments and questions; publication of by 17 state board of elections and secretary of state. 1. The secretary of 18 state shall cause each concurrent resolution of the two houses of the 19 legislature agreeing to a proposed amendment to the constitution that 20 has been referred to the legislature to be chosen at the next general 21 election to be [published] POSTED ON ITS WEBSITE at least once in each 22 of the three months next preceding such election. Such [publication] 23 POSTING shall include the information that such amendment has been so 24 referred. 25 2. The state board of elections shall [publish] POST ON ITS WEBSITE 26 once in the week preceding any election at which proposed constitutional 27 amendments or other propositions or questions are to be submitted to the 28 voters of the state an abstract of such amendment or question, a brief 29 statement of the law or proceedings authorizing such submission, a 30 statement that such submission will be made and the form in which it is 31 to be submitted. 32 [3. Publication required by subdivision two of this section shall be 33 in one newspaper of general circulation in each county.] 34 S 3. This act shall take effect April 1, 2011. 35 PART G 36 Section 1. The opening paragraph of subparagraph 4 of paragraph (h) of 37 subdivision 8 of section 15 of the workers' compensation law, as amended 38 by section 1 of part QQ of chapter 56 of the laws of 2009, is amended to 39 read as follows: 40 As soon as practicable after May first in the year nineteen hundred 41 fifty-eight, and annually thereafter as soon as practicable after Janu- 42 ary first in each succeeding year, the chair of the board shall assess 43 upon and collect from all self-insurers[, except group self-insurers], 44 the state insurance fund, AND all insurance carriers [and group self-in- 45 surers,] (A) a sum equal to one hundred fifty per centum of the total 46 disbursements made from the special disability fund during the preceding 47 calendar year (not including any disbursements made on account of antic- 48 ipated liabilities or waiver agreements funded by bond proceeds and 49 related earnings), less the amount of the net assets in such fund as of 50 December thirty-first of said preceding calendar year, and (B) a sum 51 sufficient to cover debt service, and associated costs (the "debt 52 service assessment") to be paid during the calendar year by the dormito- 53 ry authority, as calculated in accordance with subparagraph five of this 54 paragraph. Such assessments shall be allocated to (i) self-insurers A. 4007--B 13 1 [except group self-insurers] and the state insurance fund based upon the 2 proportion that the total compensation payments made by all self-insur- 3 ers [except group self-insurers] and the state insurance fund bore to 4 the total compensation payments made by all self-insurers [except group 5 self-insurers], the state insurance fund, AND all insurance carriers 6 [and group self-insurers], AND (ii) insurance carriers based upon the 7 proportion that the total compensation payments made by all insurance 8 carriers bore to the total compensation payments by all self-insurers 9 [except group self-insurers], the state insurance fund and all insurance 10 carriers [and group self-insurers] during the fiscal year which ended 11 within said preceding calendar year[, and (iii) group self-insurers 12 based upon the proportion that the total compensation payments made by 13 all group self-insurers bore to the total compensation payments made by 14 all self-insurers, the state insurance fund and all insurance carriers 15 during the fiscal year which ended within said preceding calendar year]. 16 Insurance carriers and self-insurers shall be liable for all such 17 assessments regardless of the date on which they came into existence, or 18 whether they have made any claim for reimbursement from the special 19 disability fund. The portion of such sum allocated to self-insurers 20 [except group self-insurers] and the state insurance fund that shall be 21 collected from each self-insurer [except a group self-insurer] and the 22 state insurance fund shall be a sum equal to the proportion of the 23 amount which the total compensation payments of each such self-insurer 24 [except a group self-insurer] or the state insurance fund bore to the 25 total compensation payments made by all self-insurers [except group 26 self-insurers] and the state insurance fund during the fiscal year which 27 ended within said preceding calendar year. The portion of such sum allo- 28 cated to insurance carriers that shall be collected from each insurance 29 carrier shall be a sum equal to that proportion of the amount which the 30 total standard premium by each such insurance carrier bore to the total 31 standard premium reported by all insurance carriers during the calendar 32 year which ended within said preceding fiscal year. [The portion of such 33 sum allocated to group self-insurers that shall be collected from each 34 group self-insurer shall be a sum equal to that proportion of the amount 35 which the pure premium calculation for each such group self-insurer bore 36 to the total pure premium calculation for all group self-insurers for 37 the calendar year which ended within the preceding state fiscal year.] 38 The payments from the debt service assessment, unless otherwise set 39 forth in the special disability fund financing agreement, are hereby 40 pledged therefor and shall be deemed the first monies received on 41 account of assessments in each year. For the purposes of this paragraph, 42 "standard premium" shall mean the premium as defined for the purposes of 43 this assessment by the superintendent of insurance, in consultation with 44 the chair of the board and the workers' compensation rating board. [For 45 purposes of this paragraph "pure premium calculation" means the New York 46 state annual payroll as of December thirty-first of the preceding year 47 by class code for each employer member of a group self-insurer multi- 48 plied by the applicable loss cost for each class code as determined by 49 the workers' compensation rating board in effect on December thirty- 50 first of the preceding year, and for a group or individual self-insurer 51 who has ceased to self-insure shall be based on payroll at the time the 52 group or individual self-insurer ceased to self-insure reduced by a 53 factor reflecting the reduction in the group or individual self- 54 insurer's self-insurance liabilities since ceasing to self-insure.] An 55 employer who has ceased to be a self-insurer [or a group that ceases to 56 be licensed as a group self-insurer] shall continue to be liable for any A. 4007--B 14 1 assessments into said fund on account of any compensation payments made 2 by him or her on his or her account during such fiscal year, and the 3 security fund, created under the provisions of section one hundred seven 4 of this chapter, shall, in the event of the insolvency of any insurance 5 company, be liable for any assessments that would have been made against 6 such company except for its insolvency. No assessment shall be payable 7 from the aggregate trust fund, created under the provisions of section 8 twenty-seven of this article, but such fund shall continue to be liable 9 for all compensation that shall be payable under any award or order of 10 the board, the commuted value of which has been paid into such fund. 11 Such assessments when collected shall be deposited with the commissioner 12 of taxation and finance for the benefit of such fund. Unless otherwise 13 provided, such assessments, shall not constitute an element of loss for 14 the purpose of establishing rates for compensation insurance but shall 15 for the purpose of collection be treated as separate costs by carriers. 16 All insurance carriers and the state insurance fund, shall collect such 17 assessments, from their policyholders through a surcharge based on 18 premiums in accordance with rules set forth by the superintendent of 19 insurance in consultation with the New York workers' compensation rating 20 board and the chair of the board. Such surcharge shall be considered as 21 part of premium for purposes prescribed by law including, but not limit- 22 ed to, computing premium tax, reporting to the superintendent of insur- 23 ance pursuant to section ninety-nine of this chapter and section three 24 hundred seven of the insurance law, determining the limitation of 25 expenditures for the administration of the state insurance fund pursuant 26 to section eighty-eight of this chapter and the cancellation by an 27 insurance carrier, including the state insurance fund, of a policy for 28 non-payment of premium. The provisions of this paragraph shall not apply 29 with respect to policies containing coverage pursuant to subsection (j) 30 of section three thousand four hundred twenty of the insurance law 31 relating to every policy providing comprehensive personal liability 32 insurance on a one, two, three or four family owner-occupied dwelling. 33 The state insurance fund shall[,] notify its insureds that such assess- 34 ments, shall be, for the purpose of recoupment, treated as separate 35 costs, [respectively] for the purpose of premiums billed on or after 36 October first, nineteen hundred ninety-four. FOR THE PURPOSES OF THIS 37 SECTION, A "SELF-INSURER" SHALL BE: (I) AN EMPLOYER AUTHORIZED TO 38 SELF-INSURE UNDER SUBDIVISION THREE OF SECTION FIFTY OF THIS CHAPTER, 39 ACTIVE GROUPS AUTHORIZED PURSUANT TO SUBDIVISION THREE-A OF SECTION 40 FIFTY OF THIS CHAPTER OR A GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE 41 UNDER PARAGRAPH TEN OF SUBDIVISION THREE-A OF SECTION FIFTY OF THIS 42 CHAPTER; (II) A PUBLIC EMPLOYER AUTHORIZED AS SET FORTH IN PARAGRAPH A 43 OF SUBDIVISION FOUR OF SECTION FIFTY OF THIS CHAPTER TO SELF-INSURE 44 UNDER SUBDIVISION THREE, THREE-A OR FOUR OF SUCH SECTION OR ARTICLE FIVE 45 OF THIS CHAPTER, WHETHER INDIVIDUALLY OR AS A GROUP. 46 S 2. The workers' compensation law is amended by adding a new section 47 15-a to read as follows: 48 S 15-A. ASSESSMENT ON DELINQUENT GROUP SELF-INSURED TRUSTS. THE LEGIS- 49 LATURE FINDS THAT IN LIEU OF THE RELIEF FROM THE ASSESSMENTS UNDER 50 SECTIONS FIFTEEN AND ONE HUNDRED FIFTY-ONE OF THIS CHAPTER THAT SHALL NO 51 LONGER BE IMPOSED ON CLOSED GROUP SELF-INSURED TRUSTS AS A RESULT OF A 52 CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN, THE MEMBERS OF GROUP 53 SELF-INSURED TRUSTS THAT WERE NOT FULLY FUNDED UPON CLOSING, AND THAT 54 FAIL TO PAY THEIR OBLIGATIONS WITHIN THE PERIODS SPECIFIED BY THIS 55 SECTION, SHALL BE SUBJECT TO AN ASSESSMENT. WITHIN THIRTY DAYS OF JANU- 56 ARY FIRST, TWO THOUSAND SIXTEEN, ALL EMPLOYERS WHO WERE MEMBERS OF A A. 4007--B 15 1 CLOSED GROUP SELF-INSURED TRUST THAT HAD NOT FULLY FUNDED ALL OUTSTAND- 2 ING CLAIMS OBLIGATIONS AT THE TIME THE GROUP WAS CLOSED SHALL BE SUBJECT 3 TO AN ASSESSMENT UNDER THIS PARAGRAPH, EXCEPT FOR THOSE EMPLOYERS THAT: 4 (1) HAVE ENTERED INTO A SETTLEMENT AGREEMENT OR PAYMENT PLAN WITH THE 5 BOARD UNDER WHICH THEY HAVE AGREED TO RESOLVE ALL LIABILITIES FROM THE 6 MEMBERSHIP IN SUCH TRUST, AND REMAIN CURRENT IN THEIR PAYMENTS; (2) ARE 7 MEMBERS OF A GROUP SELF-INSURER THAT HAS TRANSFERRED ALL OF ITS LIABIL- 8 ITIES TRANSFERRED VIA A LOSS PORTFOLIO TRANSFER; (3) HAVE PAID ALL 9 MONEYS BILLED THEM BY THE BOARD AT THE TIME SUCH ASSESSMENT IS DUE; OR 10 (4) WHERE THE TRUST IS NOT ADMINISTERED BY THE BOARD, CAN DEMONSTRATE 11 THAT THE ADMINISTRATOR OF THE INACTIVE TRUST HAS ASSESSED SUCH EMPLOYER 12 FOR ITS PRO RATA SHARE OF THE TRUST'S OUTSTANDING LIABILITIES, AND THE 13 EMPLOYER HAS PAID SUCH ASSESSMENT. THE TOTAL OF SUCH ASSESSMENT SHALL BE 14 DETERMINED BY THE PERCENTAGE OF THE ASSESSMENT LEVIED ON ALL EMPLOYERS 15 UNDER SUBDIVISION EIGHT OF SECTION FIFTEEN OF THIS ARTICLE IN TWO THOU- 16 SAND TEN THAT WAS LEVIED ON GROUP SELF-INSURED TRUSTS TIMES THE TOTAL 17 AMOUNT OF THE EMPLOYER'S UNPAID PRO RATA SHARE OF ANY DEFICIT OWED BY 18 THE CLOSED GROUP SELF-INSURED EMPLOYER OF WHICH SUCH EMPLOYER WAS A 19 MEMBER, AS DETERMINED BY THE BOARD OR THE ADMINISTRATOR OF SUCH TRUST IF 20 IT IS NOT ADMINISTERED BY THE BOARD. THE AMOUNT RECEIVED ON SUCH ASSESS- 21 MENT SHALL BE USED AS AN OFFSET AGAINST THE ASSESSMENTS IMPOSED ON OTHER 22 EMPLOYERS UNDER SUBDIVISION EIGHT OF SECTION FIFTEEN OF THIS ARTICLE AND 23 SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER IN THE CALENDAR YEAR 24 FOLLOWING THE YEAR IN WHICH IT WAS RECEIVED. 25 S 3. Subdivision 3 of section 50 of the workers' compensation law, as 26 amended by chapter 6 of the laws of 2007, the second undesignated para- 27 graph as amended by section 3 of part R of chapter 56 of the laws of 28 2010, is amended to read as follows: 29 3. By furnishing satisfactory proof to the chair of his financial 30 ability to pay such compensation for himself, OR TO PAY SUCH COMPEN- 31 SATION ON BEHALF OF A GROUP OF EMPLOYERS IN ACCORDANCE WITH SUBDIVISION 32 TEN OF THIS SECTION, in which case the chair shall require the deposit 33 with the chair of such securities as the chair may deem necessary of the 34 kind prescribed in subdivisions one, two, three, four and five, and 35 subparagraph (a) of paragraph three of subdivision seven of section two 36 hundred thirty-five of the banking law, or the deposit of cash, or the 37 filing of irrevocable letters of credit issued by a qualified banking 38 institution as defined by rules promulgated by the chair or the filing 39 of a bond of a surety company authorized to transact business in this 40 state, in an amount to be determined by the chair, or the posting and 41 filing as aforesaid of a combination of such securities, cash, irrev- 42 ocable letters of credit and surety bond in an amount to be determined 43 by the chair, to secure his liability to pay the compensation provided 44 in this chapter. Any such surety bond must be approved as to form by the 45 chair. If an employer OR GROUP OF EMPLOYERS posts and files a combina- 46 tion of securities, cash, irrevocable letters of credit and surety bond 47 as aforesaid, and if it becomes necessary to use the same to pay the 48 compensation provided in this chapter, the chair shall first use such 49 securities or cash or irrevocable letters of credit and, when the full 50 amount thereof has been exhausted, he shall then require the surety to 51 pay forthwith to the chair all or any part of the penal sum of the bond 52 for that purpose. The chair may also require an agreement on the part of 53 the employer OR GROUP OF EMPLOYERS to pay any awards commuted under 54 section twenty-seven of this chapter, into the special fund of the state 55 fund, as a condition of his being allowed to remain uninsured pursuant 56 to this section. The chair shall have the authority to deny the applica- A. 4007--B 16 1 tion of an employer OR GROUP OF EMPLOYERS to pay such compensation for 2 himself or to revoke his consent furnished, under this section at any 3 time, for good cause shown. The employer OR GROUP OF EMPLOYERS qualify- 4 ing under this subdivision shall be known as a self-insurer. 5 If for any reason the status of an employer OR GROUP OF EMPLOYERS 6 under this subdivision is terminated, the securities or the surety bond, 7 or the securities, cash, or irrevocable letters of credit and surety 8 bond, on deposit referred to herein shall remain in the custody of the 9 chair for such time as the chair may deem proper and warranted under the 10 circumstances. In lieu thereof, and at the discretion of the chair, the 11 employer, his or her heirs or assigns or others carrying on or liquidat- 12 ing such business, may execute an assumption of workers' compensation 13 liability insurance policy securing such further and future contingent 14 liability as may arise from prior injuries to workers and be incurred by 15 reason of any change in condition of such workers warranting the board 16 making subsequent awards for payment of additional compensation. Such 17 policy shall be in a form approved by the superintendent of insurance 18 and issued by the state fund or any insurance company licensed to issue 19 this class of insurance in this state. In the event that such policy is 20 issued by an insurance company other than the state fund, then said 21 policy shall be deemed of the kind specified in paragraph fifteen of 22 subsection (a) of section one thousand one hundred thirteen of the 23 insurance law and covered by the workers' compensation security fund as 24 created and governed by article six-A of this chapter. It shall only be 25 issued for a single complete premium payment in advance by the employer 26 OR GROUP OF EMPLOYERS and in an amount deemed acceptable by the chair 27 and the superintendent of insurance. In lieu of the applicable premium 28 charge ordinarily required to be imposed by a carrier, said premium 29 shall include a surcharge in an amount to be determined by the chair to: 30 (i) satisfy all assessment liability due and owing to the board and/or 31 the chair under this chapter; and (ii) satisfy all future assessment 32 liability under this section, AND WHICH SURCHARGE SHALL BE ADJUSTED FROM 33 TIME TO TIME TO REFLECT ANY CHANGES TO THE ASSESSMENT OF GROUP SELF-IN- 34 SURED EMPLOYERS, INCLUDING ANY CHANGES ENACTED BY A CHAPTER OF THE LAWS 35 OF TWO THOUSAND ELEVEN AMENDING SECTIONS FIFTEEN AND ONE HUNDRED FIFTY- 36 ONE OF THIS CHAPTER. Said surcharge shall be payable to the board 37 simultaneous to the execution of the assumption of workers' compensation 38 liability insurance policy. However, the payment of said surcharge does 39 not relieve the carrier from any other liability, including liability 40 owed to the superintendent of insurance pursuant to article [six-a] 41 SIX-A of this chapter. When issued such policy shall be non-cancellable 42 without recourse for any cause during the continuance of the liability 43 secured and so covered. 44 [The board will report to the governor and the legislature on or 45 before December first, two thousand seven, as to the advisability and 46 feasibility of (1) implementing a statewide self-insured employer bond 47 program, and (2) an improved individual employer bond program.] 48 S 4. Paragraph 9 of subdivision 3-a of section 50 of the workers' 49 compensation law is REPEALED. 50 S 5. Paragraph 2 and subparagraph (a) of paragraph 7 of subdivision 51 3-a of section 50 of the workers' compensation law, paragraph 2 as 52 amended by chapter 139 of the laws of 2008, and subparagraph (a) of 53 paragraph 7 as amended by section 4 of part R of chapter 56 of the laws 54 of 2010, are amended and three new paragraphs 10, 11 and 12 are added to 55 read as follows: A. 4007--B 17 1 (2) (a) Any group consisting exclusively of such employers may adopt a 2 plan for self-insurance, as a group, for the payment of compensation 3 under this chapter to their employees, except that no new groups may 4 adopt such a plan [prior to April first, two thousand nine], AND NO 5 GROUP NOT COMPOSED SOLELY OF PUBLIC ENTITIES SET FORTH IN PARAGRAPH A OF 6 SUBDIVISION FOUR OF THIS SECTION MAY INSURE ANY LIABILITIES FOR ANY 7 EMPLOYERS ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, EXCEPT AS 8 PROVIDED FOR IN PARAGRAPH TEN OF THIS SUBDIVISION. Under such plan the 9 group shall assume the liability of all the employers within the group 10 and pay all compensation for which the said employers are liable under 11 this chapter, except that in the case of municipal corporations as here- 12 in defined no proof of financial ability or deposit of securities or 13 cash need be made in compliance with this subdivision. The group quali- 14 fying under this subdivision shall be known as a group self-insurer and 15 the employers participating therein and covered thereby shall be known 16 as members. 17 (b) Where such plan is adopted the group self-insurer shall furnish 18 satisfactory proof to the chair of its financial ability to pay such 19 compensation for the members in the industry covered by it, its reven- 20 ues, their source and assurance of continuance. The chair shall require 21 the deposit with the chair of such securities as may be deemed necessary 22 of the kind prescribed in subdivisions one, two, three, four and five, 23 and subparagraph (a) of paragraph three of subdivision seven of section 24 two hundred thirty-five of the banking law or the deposit of cash or the 25 filing of irrevocable letters of credit issued by a qualified banking 26 institution as defined by rules promulgated by the chair or the filing 27 of a bond of a surety company authorized to transact business in this 28 state, in an amount to be determined to secure its liability to pay the 29 compensation of each employer as above provided. Such surety bond must 30 be approved as to form by the chair. The chair shall require each group 31 self-insurer to provide regular reports no less than annually, which 32 shall include but not be limited to audited financial statements, actu- 33 arial opinions and payroll information containing proof that it is fully 34 funded. Such reports shall also include a contribution year analysis 35 detailing contributions and expenses associated with each specific 36 contribution year. For purposes of this paragraph, proof that a group 37 self-insurer is fully funded shall at a minimum include proof of unre- 38 stricted cash and investments permitted by regulation of the chair of at 39 least one hundred percent of the total liabilities, including the esti- 40 mate presented in the actuarial opinion submitted by the group self-in- 41 surer in accordance with this chapter. The chair by regulation, may set 42 further financial standards for group self-insurers. Any group self-in- 43 surer that fails to show that it is fully funded shall be deemed under- 44 funded, and must submit a plan for achieving fully funded status which 45 may include a deficit assessment on members of such group self-insurer 46 which shall be subject to approval or modification by the chair. [The 47 chair may impose such limitations on admission of new members or offer- 48 ing of discounts on underfunded group self-insurers to insure that such 49 group self-insurers shall become fully funded. Should the group self-in- 50 surer fail to meet the terms of its plan, the chair may condition its 51 continued authorization to act as a group self-insurer on the appoint- 52 ment of an outside monitor selected by the chair, at the group self- 53 insurer's expense. Effective January first, two thousand fourteen, any 54 group self-insurer that fails to show it is fully funded in accordance 55 with this paragraph and the regulations issued pursuant thereto shall 56 have one year to cure the deficiency. If such deficiency is not cured A. 4007--B 18 1 within one year, the group self-insurer shall be given six months to 2 terminate its coverage.] 3 (c) The chair shall evaluate, no less than once every three years, a 4 group self-insurer's compliance with the financial and regulatory 5 requirements for self-insurance. The chair may engage any qualified 6 person or organization to assist with such evaluation and any costs 7 incurred by the chair shall be borne by the group self-insurer under 8 examination. Failure to submit to such independent review or to pay such 9 costs, upon demand of the chair, shall be sufficient grounds to termi- 10 nate coverage of the group self-insurer. 11 (d) The chair may require reports to be prepared by an auditor, actu- 12 ary or other consultant, selected by the board or, at the chair's 13 discretion, by the group self-insurer from a list which shall be pre-ap- 14 proved by the chair to determine whether the group self-insurer meets 15 the financial criteria for self-insurance. All actuaries so selected 16 shall be fellows or associates of the casualty actuarial society. 17 (e) The chair may also require that any and all agreements, contracts 18 and other pertinent documents relating to the organization of the 19 members in the group self-insurer shall be filed [at the time the appli- 20 cation for group self-insurance is made or anytime thereafter. Such 21 application shall be on a form prescribed by the chair. The chair may 22 also require an agreement on the part of said group self-insurer to pay 23 any awards commuted under section twenty-seven of this chapter into the 24 aggregate trust fund as a condition of its being allowed to operate as a 25 group self-insurer pursuant to this subdivision] WITH THE CHAIR. 26 (f) The chair shall have the authority to [deny the application of the 27 group self-insurer to pay such compensation or to] revoke consent 28 furnished under this section at any time for good cause shown. 29 (g) At least twenty days prior to the requested effective date of the 30 participating agreement, a group self-insurer shall notify the chair on 31 a prescribed form of a new group self-insurer member and file (1) a 32 member application and (2) a copy of the properly executed prescribed 33 participation agreement wherein the member acknowledges their joint and 34 several obligation for their period of membership. The board shall, on a 35 form promulgated by the chair, provide notice of the member's rights and 36 responsibilities as a group self-insurer member, including the member's 37 assumption of joint and several liability, and require the member to 38 return a signed copy to the chair as a condition of membership. Such 39 membership shall not become effective until the signed copy has been 40 received by the board. 41 (h) Any member terminating membership in a group self-insurer after 42 less than four years in such group self-insurer, and any member in a 43 group self-insurer that has defaulted, shall be precluded from obtaining 44 prospective coverage from any group self-insurer for a period of at 45 least three years from the effective date of termination. 46 (a) If for any reason, the status of a group self-insurer under this 47 subdivision is terminated, INCLUDING BY OPERATION OF LAW ON AND AFTER 48 JANUARY FIRST, TWO THOUSAND TWELVE, the securities or cash or the surety 49 bond on deposit referred to herein shall remain in the custody of the 50 chair for such time as the chair may deem proper and warranted. In lieu 51 thereof, and at the discretion of the chair, the group self-insurer, its 52 heirs or assigns or others carrying on or liquidating such group self- 53 insurer, including the chair on the group self-insurer's behalf, may 54 execute an assumption of workers' compensation liability insurance poli- 55 cy securing such further and future contingent liability as may arise 56 from prior injuries to workers and be incurred by reason of any change A. 4007--B 19 1 in the condition of such workers warranting the board making subsequent 2 awards for payment of additional compensation. Such policy shall be in a 3 form approved by the superintendent of insurance and issued by the state 4 fund or any insurance company licensed to issue this class of insurance 5 in this state. In the event that such policy is issued by an insurance 6 company other than the state fund, then said policy shall be deemed of 7 the kind specified in paragraph fifteen of subsection (a) of section one 8 thousand one hundred thirteen of the insurance law and covered by the 9 workers' compensation security fund as created and governed by article 10 six-A of this chapter. It shall only be issued for a single complete 11 premium payment in advance by the group self-insurer and in an amount 12 deemed acceptable by the chair and the superintendent of insurance. In 13 lieu of the applicable premium charge ordinarily required to be imposed 14 by a carrier, said premium shall include a surcharge in an amount to be 15 determined by the chair to: (i) satisfy all assessment liability due and 16 owing to the board and/or the chair under this chapter; and (ii) satisfy 17 all future assessment liability under this section. Said surcharge shall 18 be payable to the board simultaneous to the execution of the assumption 19 of workers' compensation liability insurance policy. However, the 20 payment of said surcharge does not relieve the carrier from any other 21 liability, including liability owed to the superintendent of insurance 22 pursuant to article six-A of this chapter. When issued such policy shall 23 be noncancellable without recourse for any cause during the continuance 24 of the liability secured and so covered. 25 (10)(A) A NON-MUNICIPAL GROUP OF EMPLOYERS MAY MAKE APPLICATION TO THE 26 CHAIR TO QUALIFY JOINTLY AS A SELF-INSURER, PROVIDED: 27 (1) THE MEMBERS OF THE GROUP SECURE THE SERVICES OF AN ADMINISTRATOR, 28 WHO SHALL CARRY OUT THE RESPONSIBILITIES OF SUCH AN ADMINISTRATOR AS SET 29 FORTH IN SUBDIVISION FIVE OF THIS SECTION, AND WHO SHALL BE SUBJECT TO 30 THE RESTRICTIONS AND PENALTIES APPLICABLE TO AN ADMINISTRATOR UNDER THIS 31 SECTION; 32 (2) THE MEMBERS OF THE GROUP, THROUGH THE ADMINISTRATOR, JOINTLY 33 DEPOSIT SUFFICIENT SECURITIES IN ACCORDANCE WITH SUBDIVISION THREE OF 34 THIS SECTION AS TO SECURE THE LIABILITY OF THE MEMBERS OF THE GROUP TO 35 PAY COMPENSATION FOR ALL EXISTING CLAIMS, PROVIDED THE INITIAL DEPOSIT 36 SHALL BE MADE BY NOVEMBER FIRST, TWO THOUSAND ELEVEN, AND JOINTLY DEPOS- 37 IT SUFFICIENT SECURITIES IN ACCORDANCE WITH SUBDIVISION THREE OF THIS 38 SECTION AS TO SECURE THE LIABILITY OF THE MEMBERS OF THE GROUP TO PAY 39 COMPENSATION FOR ANTICIPATED FUTURE LIABILITIES BY NOVEMBER FIRST, TWO 40 THOUSAND FOURTEEN, PROVIDED ANNUAL DEPOSITS ARE MADE IN ACCORDANCE WITH 41 A SCHEDULE SET BY THE CHAIR ON OR BEFORE NOVEMBER FIRST OF EACH YEAR; 42 (3) THE GROUP HAS BEEN AUTHORIZED BY THE CHAIR TO SELF-INSURE IN 43 ACCORDANCE WITH THIS SUBDIVISION PRIOR TO THE EFFECTIVE DATE OF THIS 44 PARAGRAPH; 45 (4) THE GROUP'S MEMBERS FALL WITHIN A LIMITED NUMBER OF PAYROLL CLAS- 46 SIFICATIONS, AS SET BY THE CHAIR, AFTER GIVING DUE CONSIDERATION TO THE 47 RISKS ASSOCIATED WITH ANY GROUP OF EMPLOYERS SELF-INSURING OR THE 48 PARTICIPANT EMPLOYERS ARE PARTIES TO THE SAME COLLECTIVE BARGAINING 49 AGREEMENT; 50 (5) THE GROUP WAS FULLY FUNDED FOR THREE OUT OF THE PREVIOUS FIVE 51 YEARS, AND AT LEAST NINETY PERCENT FUNDED FOR ONE OTHER YEAR, AS DETER- 52 MINED BY THE CHAIR FOLLOWING A FINANCIAL REVIEW, AND THE GROUP SELF-IN- 53 SURER HAS SUFFICIENT FUNDS TO MEET ITS LIABILITIES; 54 (6) THE GROUP HAS A SAFETY PROGRAM ACCEPTABLE TO THE CHAIR; AND 55 (7) THE GROUP IS SUBJECT TO SUCH OTHER LIMITATIONS AND REQUIREMENTS OF 56 THIS SUBDIVISION UNLESS WAIVED BY THE CHAIR AND TO REGULATIONS OF THE A. 4007--B 20 1 CHAIR. ANY FAILURE TO BE CURRENT WITH THE SECURITY DEPOSIT REQUIRED 2 UNDER SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE SUFFICIENT GROUNDS FOR 3 REVOCATION OF THE GROUP'S AUTHORIZATION TO SELF-INSURANCE. 4 (B) THE MEMBERS OF ANY SUCH GROUP SHALL ENTER INTO AN AGREEMENT AMONG 5 THEMSELVES AND WITH THE GROUP'S ADMINISTRATOR WHICH SHALL, AT A MINIMUM: 6 (1) INDICATE THAT EACH OF THE MEMBERS OF THE GROUP IS JOINTLY AND 7 SEVERALLY LIABLE FOR ANY LIABILITIES OF THE GROUP; AND 8 (2) PROVIDE FOR THE COLLECTION OF ADDITIONAL FUNDS FROM GROUP MEMBERS 9 IN THE EVENT THE DEPOSIT WITH THE BOARD IS INSUFFICIENT TO MEET THE 10 LIABILITIES OF THE GROUP. 11 (11) ANY GROUP SELF-INSURER THAT HAS CEASED TO SELF-INSURE, OR HAS 12 CEASED TO SELF-INSURE ANY NEW LIABILITIES AFTER JANUARY FIRST, TWO THOU- 13 SAND TWELVE IN ACCORDANCE WITH PARAGRAPH TWO OF THIS SUBDIVISION, SHALL 14 REMAIN SUBJECT TO ALL THE PROVISIONS OF THIS SUBDIVISION AND THE REGU- 15 LATIONS ISSUED PURSUANT THERETO AND ANY ASSESSMENTS PROVIDED FOR BY THIS 16 SECTION UNTIL SUCH TIME AS THE GROUP SELF-INSURER NO LONGER POSSESSES 17 ANY LIABILITIES. 18 (12) ANY NON-MUNICIPAL GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE 19 UNDER PARAGRAPH TEN OF THIS SUBDIVISION ON OR AFTER JANUARY FIRST, TWO 20 THOUSAND TWELVE SHALL BE DEEMED A "PRIVATE SELF-INSURER" FOR PURPOSES OF 21 THE ASSESSMENTS SET FORTH IN SECTIONS FIFTEEN AND ONE HUNDRED FIFTY-ONE 22 OF THIS CHAPTER. 23 S 6. Subparagraph 2 of paragraph b of subdivision 5 of section 50 of 24 the workers' compensation law is REPEALED. 25 S 7. Paragraph (a) of subdivision 4 of section 141-a of the workers' 26 compensation law, as added by chapter 6 of the laws of 2007, is amended 27 to read as follows: 28 (a) Whenever the chair determines that an employer who is required to 29 secure compensation in accordance with this chapter has failed to secure 30 such compensation, or where an employer has failed to pay penalties 31 assessed against it pursuant to this chapter, OR FAILED TO PAY A JUDG- 32 MENT UNDER SECTION TWENTY-SIX OF THIS CHAPTER WITHIN NINETY DAYS AFTER 33 NOTICE TO THE EMPLOYER AND HAS NOT MOVED TO MODIFY OR VACATE SUCH JUDG- 34 MENT, such failure shall be deemed an immediate serious danger to public 35 health, safety, or welfare sufficient to justify service by the chair of 36 a stop-work order on the employer, requiring the cessation of all busi- 37 ness operations effective immediately, except where the employer's fail- 38 ure concerns only domestic or child care workers in his or her own 39 household. The chair may issue such order, which shall take effect as to 40 a particular employer worksite when served at that worksite, or as to 41 all employer worksites in the state for which the employer is not in 42 compliance when served on the employer. A stop-work order may be served 43 with regard to an employer's worksite by posting a copy of the stop-work 44 order in a conspicuous location at the worksite. The order shall remain 45 in effect until the chair directs that the stop-work order be removed, 46 upon a determination that the employer has come into compliance with the 47 coverage requirements of this chapter and has paid any penalty assessed 48 under this chapter. If the employer shall within thirty days after 49 notice of the stop-work order make an application in affidavit form for 50 a redetermination review of such order the chair shall make a decision 51 in writing on the issues raised in such application. The chair may 52 direct a conditional release from a stop-work order upon a finding that 53 the employer has complied with coverage requirements of this chapter and 54 has agreed to remit periodic payments of the penalty pursuant to a 55 payment agreement schedule with the chair. If an agreement or order of 56 conditional release is issued, failure by the employer to meet any term A. 4007--B 21 1 or condition of such payment agreement shall result in the immediate 2 reinstatement of the stop-work order and the entire unpaid balance of 3 the penalty shall become immediately due. The chair may require an 4 employer who is found to have failed to comply with the coverage 5 requirements of this chapter to file with the board, as a condition of 6 release from a stop-work order, periodic reports for a probationary 7 period that shall not exceed two years, and that demonstrate the employ- 8 er's continued compliance with this chapter. The board shall by rule 9 specify the reports required and the time for filing under this subdivi- 10 sion. 11 S 8. Paragraphs (b) and (c) of subdivision 2 of section 151 of the 12 workers' compensation law, paragraph (b) as amended by section 2 of part 13 QQ of chapter 56 of the laws of 2009 and paragraph (c) as amended by 14 chapter 6 of the laws of 2007, are amended to read as follows: 15 (b) An itemized statement of the expenses so ascertained shall be open 16 to public inspection in the office of the board for thirty days after 17 notice to the state insurance fund, all insurance carriers and all self- 18 insurers [including group self-insurers] affected thereby, before the 19 board shall make an assessment for such expenses. The chair shall assess 20 upon and collect a proportion of such expenses as hereinafter provided 21 from each insurance carrier, the state insurance fund and each self-in- 22 surer [including group self-insurers]. The assessment for such expenses 23 shall be allocated to (i) self-insurers [except group self-insurers] and 24 the state insurance fund based upon the proportion that the total 25 compensation payments made by all self-insurers [except group self-in- 26 surers] and the state insurance fund in such year bore to the total 27 compensation payments made by all self-insurers [except group self-in- 28 surers], the state insurance fund, AND all insurance carriers [and group 29 self-insurers] and (ii) insurance carriers based upon the proportion 30 that the total compensation payments made by all insurance carriers in 31 such year bore to the total compensation payments by all self-insurers, 32 the state insurance fund and all insurance carriers[, and (iii) group 33 self-insurers based upon the proportion that the total compensation 34 payments made by all group self-insurers in such year bore to the total 35 compensation payments made by all self-insurers, the state insurance 36 fund and all insurance carriers]. The portion of the assessment for such 37 expenses allocated to self-insurers [except group self-insurers] and the 38 state insurance fund that shall be collected from each self-insurer 39 [except group self-insurers] and the state insurance fund shall be a sum 40 equal to the proportion of the amount which the total compensation 41 payments of each such self-insurer [except a group self-insurer] or the 42 state insurance fund in such year bore to the total compensation 43 payments made by all self-insurers [except group self-insurers] and the 44 state insurance fund. The portion of the assessment for such expenses 45 allocated to insurance carriers that shall be collected from each such 46 insurance carrier shall be a sum equal to that proportion of the amount 47 which the total standard premium by each such insurance carrier bore to 48 the total standard premium reported by all insurance carriers for the 49 calendar year which ended with the state fiscal year. [The portion of 50 such sum allocated to group self-insurers that shall be collected from 51 each group self-insurer shall be a sum equal to that proportion of the 52 amount which the pure premium calculation for each such group self-in- 53 surer bore to the total pure premium calculation for all group self-in- 54 surers for the calendar year which ended within the state fiscal year.] 55 The amounts so secured shall be used for the payment of the expenses of 56 administering this chapter. [Pure premium for assessments against indi- A. 4007--B 22 1 vidual and group self-insurers who ceased to self-insure shall be based 2 on payroll at the time the individual or group self-insurer has ceased 3 to self-insure, reduced by a factor reflecting the reduction in the 4 group or individual self-insurer's self-insurance liabilities since 5 ceasing to self-insure.] 6 For purposes of this paragraph, "standard premium" shall mean the 7 premium as defined for the purposes of this assessment by the super- 8 intendent of insurance, in consultation with the chair of the board and 9 the workers' compensation rating board. [For purposes of this paragraph 10 "pure premium calculation" means the New York state annual payroll as of 11 December thirty-first of the preceding year by class code for each 12 employer member of a group self-insurer multiplied by the applicable 13 rate for each class code as determined by the workers' compensation 14 rating board in effect on December thirty-first of the preceding year.] 15 The amounts so secured shall be used for the payment of the expenses of 16 administering this chapter. 17 For the purposes of this paragraph, the term "insurance carrier" shall 18 include only stock corporations, mutual corporations and reciprocal 19 insurers authorized to transact the business of workers' compensation 20 insurance in this state and the term "self-insurer" shall include any 21 employer or group of employers permitted to pay compensation directly 22 under the provisions of subdivision three, three-a or four of section 23 fifty of this chapter. FOR THE PURPOSES OF THIS SECTION, A "SELF-INSUR- 24 ER" SHALL BE: (I) AN EMPLOYER AUTHORIZED TO SELF-INSURE UNDER SUBDIVI- 25 SION THREE OF SECTION FIFTY OF THIS CHAPTER, OR ACTIVE GROUPS AUTHORIZED 26 PURSUANT TO SUBDIVISION THREE-A OF SECTION FIFTY OF THIS CHAPTER, A 27 GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE UNDER PARAGRAPH TEN OF 28 SUBDIVISION THREE-A OF SECTION FIFTY OF THIS CHAPTER; OR (II) A PUBLIC 29 EMPLOYER AS SET FORTH IN PARAGRAPH A OF SUBDIVISION FOUR OF SECTION 30 FIFTY OF THIS CHAPTER AUTHORIZED TO SELF-INSURE UNDER SUBDIVISION THREE, 31 THREE-A OR FOUR OF SECTION FIFTY OR ARTICLE FIVE OF THIS CHAPTER, WHETH- 32 ER INDIVIDUALLY OR AS A GROUP. 33 (c) Assessments for the special disability fund, the fund for reopened 34 cases and for the operations of the board shall not constitute elements 35 of loss but shall for collection purposes be treated as separate costs 36 by carriers. [All group self-insurers shall collect such assessments 37 from their employer members in a fair and equitable manner.] All insur- 38 ance carriers, including the state insurance fund, shall collect such 39 assessments from their policyholders through a surcharge based on premi- 40 um in accordance with rules set forth by the New York workers' compen- 41 sation rating board, as approved by the superintendent of insurance. 42 Such surcharge shall be considered as part of premium for purposes 43 prescribed by law including, but not limited to, computing premium tax, 44 reporting to the superintendent of insurance pursuant to section nine- 45 ty-nine of this chapter and section three hundred seven of the insurance 46 law, determining the limitation of expenditures for the administration 47 of the state insurance fund pursuant to section eighty-eight of this 48 chapter and the cancellation by an insurance carrier, including the 49 state insurance fund, of a policy for non-payment of premium. 50 S 9. This act shall take effect immediately; provided that sections 51 one and seven of this act shall take effect January 1, 2011 and shall 52 apply to any assessment cycle beginning on or after such date; provided 53 further, that in the event that the total amount of assessments 54 collected by the chair of the workers' compensation board by May 1, 2011 55 pursuant to subparagraph 4 of paragraph (h) of subdivision 8 of section 56 15 of the workers' compensation law as amended by section one of this A. 4007--B 23 1 act do not equal at least one hundred ten percent of the debt service 2 assessment, as defined in such provision of law, the chair of the work- 3 ers' compensation board shall, not later than June 1, 2011, and in 4 accordance with the provisions of subparagraph 4 of paragraph (h) of 5 subdivision 8 of section 15 of the workers' compensation law, as amended 6 by section one of this act, assess and collect a supplemental assessment 7 in an amount equal to the amount that would have been due from group 8 self-insurers in 2011 had this act not taken effect, and that the 9 provisions of subparagraph 4 of paragraph (h) of subdivision 8 of 10 section 15 of the workers' compensation law shall apply to such supple- 11 mental assessment in all respects except for the date and amount of such 12 special assessment and that such special assessment shall be deemed an 13 assessment pursuant to subparagraph 4 of paragraph (h) of subdivision 8 14 of section 15 of the workers' compensation law for all purposes. 15 PART H 16 Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu- 17 tive law, as separately amended by section 11 of part A-1 and section 10 18 of part O of chapter 56 of the laws of 2010, is amended to read as 19 follows: 20 (f) executive director of adirondack park agency, commissioners of the 21 state liquor authority, [commissioners of the state civil service 22 commission,] members of state commission of correction, members of unem- 23 ployment insurance appeal board, and members of the workers' compen- 24 sation board. 25 S 2. Paragraph (a) of subdivision 2 of section 5 of the civil service 26 law, as amended by chapter 248 of the laws of 1960, is amended to read 27 as follows: 28 (a) Appointment. The state civil service commission is continued and 29 shall consist of three commissioners who shall be appointed by the 30 governor, by and with the advice and consent of the senate, not more 31 than two of whom shall be adherents of the same political party. The 32 governor shall designate one of the members of the commission to be 33 president of the commission and such member shall serve in the capacity 34 of president during the pleasure of the governor. The members shall not 35 hold any other public office or public employment for which they shall 36 receive compensation other than necessary travel and other expenses 37 incurred in the performance of the duties of such other office or 38 employment, or engage in private employment or in a profession or busi- 39 ness which interferes with the performance of their duties or requires 40 their disqualification from the performance of such duties because of a 41 conflict of interests caused thereby. THE COMMISSIONERS OTHER THAN THE 42 PRESIDENT OF THE COMMISSION SHALL, WHEN PERFORMING THE WORK OF THE 43 COMMISSION, BE COMPENSATED AT THE RATE OF TWO HUNDRED FIFTY DOLLARS PER 44 DAY, TOGETHER WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY EXPENSES 45 INCURRED IN THE DISCHARGE OF THEIR DUTIES HEREUNDER. THE PRESIDENT OF 46 THE COMMISSION SHALL RECEIVE AN ANNUAL SALARY ESTABLISHED IN SECTION ONE 47 HUNDRED SIXTY-NINE OF THE EXECUTIVE LAW. No member shall serve as an 48 officer of any political party or political organization or engage in 49 partisan political activities. 50 S 3. This act shall take effect immediately, and shall apply to 51 current members of the civil service commission. 52 PART I A. 4007--B 24 1 Section 1. Clause 2 of subparagraph (viii) of paragraph a of subdivi- 2 sion 10 of section 54 of the state finance law, as amended by section 1 3 of part Z of chapter 56 of the laws of 2010, is amended to read as 4 follows: 5 (2) for the state fiscal year commencing April first, two thousand 6 eight and in each state fiscal year thereafter, the base level grant 7 received in the immediately preceding state fiscal year pursuant to 8 paragraph b of this subdivision AND CHAPTER THREE HUNDRED THIRTEEN OF 9 THE LAWS OF TWO THOUSAND TEN, excluding any deficit reduction adjustment 10 pursuant to paragraph e-1 of this subdivision, plus any additional 11 apportionments received in such year pursuant to paragraph d of this 12 subdivision and any per capita adjustments received in such year pursu- 13 ant to paragraph e of this subdivision [plus any additional aid received 14 in such year pursuant to paragraph p of this subdivision]. 15 S 2. Paragraph b of subdivision 10 of section 54 of the state finance 16 law is amended by adding a new subparagraph (iv) to read as follows: 17 (IV) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, WITHIN 18 AMOUNTS APPROPRIATED IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST, 19 TWO THOUSAND ELEVEN, THERE SHALL BE APPORTIONED AND PAID TO EACH MUNICI- 20 PALITY A BASE LEVEL GRANT IN AN AMOUNT EQUAL TO THE PRIOR YEAR AID 21 RECEIVED BY SUCH MUNICIPALITY MINUS A BASE LEVEL GRANT ADJUSTMENT EQUAL 22 TO TWO PERCENT OF SUCH PRIOR YEAR AID. 23 S 3. Paragraph i of subdivision 10 of section 54 of the state finance 24 law is amended by adding a new subparagraph (viii) to read as follows: 25 (VIII) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN THE 26 STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN, THE BASE 27 LEVEL GRANT ADJUSTMENT PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH B OF 28 THIS SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A 29 TOWN OR VILLAGE, ON OR BEFORE DECEMBER FIFTEENTH FOR A CITY WHOSE FISCAL 30 YEAR BEGINS JANUARY FIRST, AND ON OR BEFORE MARCH FIFTEENTH FOR A CITY 31 WHOSE FISCAL YEAR DOES NOT BEGIN JANUARY FIRST. 32 S 4. Paragraph j of subdivision 10 of section 54 of the state finance 33 law, as amended by section 4 of part Z of chapter 56 of the laws of 34 2010, is amended to read as follows: 35 j. Special aid and incentives for municipalities to the city of New 36 York. In the state fiscal year commencing April first, two thousand 37 seven a city with a population of one million or more shall receive 38 twenty million dollars on or before December fifteenth. In the state 39 fiscal year commencing April first, two thousand eight, a city with a 40 population of one million or more shall receive two hundred forty-five 41 million nine hundred forty-four thousand eight hundred thirty-four 42 dollars payable on or before December fifteenth. In the state fiscal 43 [years] YEAR commencing April first, two thousand nine [and April first, 44 two thousand eleven, and in each state fiscal year thereafter], a city 45 with a population of one million or more shall receive three hundred one 46 million six hundred fifty-eight thousand four hundred ninety-five 47 dollars payable on or before December fifteenth. Special aid and incen- 48 tives for municipalities to the city of New York shall be apportioned 49 and paid as required as follows: 50 (i) Any amounts required to be paid to the city university 51 construction fund pursuant to the city university construction fund act; 52 (ii) Any amounts required to be paid to the New York city housing 53 development corporation pursuant to the New York city housing develop- 54 ment corporation act; A. 4007--B 25 1 (iii) Five hundred thousand dollars to the chief fiscal officer of the 2 city of New York for payment to the trustees of the police pension fund 3 of such city; 4 (iv) Eighty million dollars to the special account for the municipal 5 assistance corporation for the city of New York in the municipal assist- 6 ance tax fund created pursuant to section ninety-two-d of this chapter 7 to the extent that such amount has been included by the municipal 8 assistance corporation for the city of New York in any computation for 9 the issuance of bonds on a parity with outstanding bonds pursuant to a 10 contract with the holders of such bonds prior to the issuance of any 11 other bonds secured by payments from the municipal assistance corpo- 12 ration for the city of New York in the municipal assistance state aid 13 fund created pursuant to section ninety-two-e of this chapter; 14 (v) The balance of the special account for the municipal assistance 15 corporation for the city of New York in the municipal assistance state 16 aid fund created pursuant to section ninety-two-e of this chapter; 17 (vi) Any amounts to be refunded to the general fund of the state of 18 New York pursuant to the annual appropriation enacted for the municipal 19 assistance state aid fund; 20 (vii) To the state of New York municipal bond bank agency to the 21 extent provided by section twenty-four hundred thirty-six of the public 22 authorities law; and 23 (viii) To the transit construction fund to the extent provided by 24 section twelve hundred twenty-five-i of the public authorities law, and 25 thereafter to the city of New York. 26 Notwithstanding any other law to the contrary, the amount paid to any 27 city with a population of one million or more on or before December 28 fifteenth shall be for an entitlement period ending the immediately 29 preceding June thirtieth. 30 S 5. This act shall take effect immediately and shall be deemed to 31 have been in full force and effect on and after April 1, 2011. 32 PART J 33 Section 1. Paragraph b of subdivision 2 of section 54-1 of the state 34 finance law, as amended by section 1 of part AA of chapter 56 of the 35 laws of 2010, is amended to read as follows: 36 b. Eligible municipalities shall receive: (i) for the state fiscal 37 years commencing April first, two thousand seven and April first, two 38 thousand eight, a share of three and one-half percent of the "estimated 39 net machine income" generated by a video lottery gaming facility located 40 within such eligible municipality as follows: (1) twenty-five percent 41 shall be apportioned and paid to the county; and (2) seventy-five 42 percent shall be apportioned and paid on a pro rata basis to eligible 43 municipalities, other than the county, based upon the population of such 44 eligible municipalities. Such state aid payment shall not exceed twen- 45 ty-five percent of an eligible municipality's total expenditures as 46 reported in the statistical report of the comptroller in the preceding 47 state fiscal year pursuant to section thirty-seven of the general munic- 48 ipal law; (ii) for the state fiscal year commencing April first, two 49 thousand nine: (1) for an eligible municipality which is located in a 50 county that has a poverty rate equal to or greater than seventy-five 51 percent of the New York state poverty rate, an amount equal to the state 52 aid payment received in the state fiscal year commencing April first, 53 two thousand eight; and (2) for an eligible municipality which is 54 located in a county that has a poverty rate less than seventy-five A. 4007--B 26 1 percent of the New York state poverty rate, an amount equal to fifty 2 percent of the state aid payment received in the state fiscal year 3 commencing April first, two thousand eight; and (iii) for the state 4 fiscal year commencing April first, two thousand ten [and for each state 5 fiscal year thereafter], an amount equal to ninety percent of the state 6 aid payment received in the state fiscal year commencing April first, 7 two thousand nine. 8 S 2. This act shall take effect immediately and shall be deemed to 9 have been in full force and effect on and after April 1, 2011. 10 PART K 11 Section 1. The paragraph heading of paragraph o of subdivision 10 of 12 section 54 of the state finance law, as added by section 7 of part O of 13 chapter 56 of the laws of 2008, is amended to read as follows: 14 Local government efficiency grant program beginning in the state 15 fiscal year commencing April first, two thousand eight AND CONTINUING 16 UNTIL THE END OF THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU- 17 SAND TEN. 18 S 2. Paragraph p of subdivision 10 of section 54 of the state finance 19 law, as amended by section 6 of part GG of chapter 56 of the laws of 20 2009, is amended to read as follows: 21 p. [Local government efficiency grant program municipal merger incen- 22 tives] CITIZEN EMPOWERMENT TAX CREDIT. (I) For the purposes of this 23 paragraph, "municipalities" shall mean cities with a population less 24 than one million, towns and villages. 25 (II) Within the annual amounts appropriated therefor, surviving muni- 26 cipalities following a [merger,] consolidation or dissolution occurring 27 on or after the state fiscal year commencing April first, two thousand 28 seven [may] SHALL be awarded additional ANNUAL aid, STARTING in the 29 state fiscal year following THE STATE FISCAL YEAR IN WHICH such [merg- 30 er,] consolidation or dissolution TOOK EFFECT, equal to fifteen percent 31 of the combined amount of real property taxes levied by all of the muni- 32 cipalities participating in the [merger,] consolidation or dissolution 33 in the local fiscal year prior to the local fiscal year in which such 34 [merger,] consolidation or dissolution took effect. In instances of the 35 dissolution of a village located in more than one town, such additional 36 aid shall equal the sum of fifteen percent of the real property taxes 37 levied by such village in the village fiscal year prior to the village 38 fiscal year in which such dissolution took effect plus fifteen percent 39 of the average amount of real property taxes levied by the towns in 40 which the village was located in the town fiscal year prior to the town 41 fiscal year in which such dissolution took effect, and shall be divided 42 among such towns based on the percentage of such village's population 43 that resided in each such town as of the most recent federal decennial 44 census. IN NO CASE SHALL THE ADDITIONAL AID PURSUANT TO THIS PARAGRAPH 45 EXCEED ONE MILLION DOLLARS. Such additional aid shall be apportioned and 46 paid to the chief fiscal officer of each [consolidated or merged] ELIGI- 47 BLE municipality ON OR BEFORE SEPTEMBER TWENTY-FIFTH OF EACH SUCH STATE 48 FISCAL YEAR on audit and warrant of the state comptroller out of moneys 49 appropriated by the legislature for such purpose to the credit of the 50 local assistance fund [in the general fund of the state treasury in the 51 same "on or before month and day" manner as the municipality's base 52 level grant is paid pursuant to subparagraph (i) of paragraph i of this 53 subdivision]. A. 4007--B 27 1 (III) Any municipality receiving a [merger incentive award] CITIZEN 2 EMPOWERMENT TAX CREDIT pursuant to this paragraph shall use AT LEAST 3 FIFTY PERCENT OF such aid [only] FOR PROPERTY TAX RELIEF AND THE BALANCE 4 OF SUCH AID for general municipal purposes. [In no case shall the addi- 5 tional aid pursuant to this paragraph exceed one million dollars. Such 6 additional aid shall in subsequent state fiscal years be considered 7 prior year aid for the purposes of determining such merged, consolidated 8 or surviving municipality's base level grant pursuant to paragraph b of 9 this subdivision.] FOR EACH LOCAL FISCAL YEAR FOLLOWING THE EFFECTIVE 10 DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN WHICH AMENDED 11 THIS PARAGRAPH IN WHICH SUCH AID IS PAYABLE, A STATEMENT SHALL BE PLACED 12 ON EACH PROPERTY TAX BILL FOR SUCH MUNICIPALITY IN SUBSTANTIALLY THE 13 FOLLOWING FORM: "YOUR PROPERTY TAX SAVINGS THIS YEAR RESULTING FROM THE 14 STATE CITIZEN EMPOWERMENT TAX CREDIT RECEIVED AS THE RESULT OF LOCAL 15 GOVERNMENT RE-ORGANIZATION IS $______." THE PROPERTY TAX SAVINGS FROM 16 THE CITIZEN EMPOWERMENT TAX CREDIT FOR EACH PROPERTY TAX BILL SHALL BE 17 CALCULATED BY (1) MULTIPLYING THE AMOUNT OF THE CITIZEN EMPOWERMENT TAX 18 CREDIT USED FOR PROPERTY TAX RELIEF BY THE AMOUNT OF PROPERTY TAXES 19 LEVIED ON SUCH PROPERTY BY SUCH MUNICIPALITY AND (2) DIVIDING THE RESULT 20 BY THE TOTAL AMOUNT OF PROPERTY TAXES LEVIED BY SUCH MUNICIPALITY. 21 S 3. Paragraph q of subdivision 10 of section 54 of the state finance 22 law is relettered paragraph t and three new paragraphs q, r and s are 23 added to read follows: 24 Q. LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANT 25 PROGRAM. (I) (1) FOR THE PURPOSES OF THIS PARAGRAPH, "LOCAL GOVERNMENT 26 ENTITY" OR "ENTITY" SHALL MEAN A TOWN, VILLAGE, DISTRICT, SPECIAL 27 IMPROVEMENT DISTRICT OR OTHER IMPROVEMENT DISTRICT, INCLUDING, BUT NOT 28 LIMITED TO, SPECIAL DISTRICTS CREATED PURSUANT TO ARTICLES ELEVEN, 29 TWELVE, TWELVE-A OR THIRTEEN OF THE TOWN LAW, LIBRARY DISTRICTS, AND 30 OTHER DISTRICTS CREATED BY LAW; PROVIDED, HOWEVER, THAT A LOCAL GOVERN- 31 MENT ENTITY SHALL NOT INCLUDE SCHOOL DISTRICTS, CITY DISTRICTS OR 32 SPECIAL PURPOSE DISTRICTS CREATED BY COUNTIES UNDER COUNTY LAW. 33 (2) FOR THE PURPOSES OF THIS PARAGRAPH, "LOCAL GOVERNMENT RE-ORGANIZA- 34 TION" SHALL MEAN THE CONSOLIDATION OR DISSOLUTION OF A LOCAL GOVERNMENT 35 ENTITY IN ACCORDANCE WITH ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL 36 LAW. 37 (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF 38 STATE MAY AWARD GRANTS TO LOCAL GOVERNMENT ENTITIES TO COVER COSTS ASSO- 39 CIATED WITH STUDIES, PLANS, AND IMPLEMENTATION EFFORTS RELATED TO LOCAL 40 GOVERNMENT RE-ORGANIZATION ACTIVITIES. 41 (III) STUDY PROJECTS SHALL INCLUDE AN EXAMINATION OF THE POTENTIAL 42 FINANCIAL SAVINGS, MANAGEMENT IMPROVEMENTS, AND SERVICE DELIVERY CHANGES 43 RESULTING FROM A LOCAL GOVERNMENT RE-ORGANIZATION, AS WELL AS OPTIONS 44 FOR COST-SAVINGS IF THE RE-ORGANIZATION IS NOT COMPLETED. 45 (IV) LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANTS MAY 46 BE USED TO COVER COSTS INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULT- 47 ANT SERVICES, CAPITAL IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND 48 OTHER NECESSARY EXPENSES RELATED TO RE-ORGANIZATION ANALYSIS, PLANNING 49 AND IMPLEMENTATION. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSI- 50 TIONAL PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH 51 EXPENSES ARE INTEGRAL TO IMPLEMENTATION OF THE RE-ORGANIZATION. NO PART 52 OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECURRING EXPENSES SUCH 53 AS SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN TRANSITIONAL PERSONNEL 54 ESSENTIAL FOR THE IMPLEMENTATION OF THE RE-ORGANIZATION SHALL BE ELIGI- 55 BLE FOR A PERIOD NOT TO EXCEED THREE YEARS. A. 4007--B 28 1 (V) WHERE THE ELECTORS OF A LOCAL GOVERNMENT ENTITY HAVE FILED A PETI- 2 TION PURSUANT TO ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW THAT 3 WILL REQUIRE A REFERENDUM ON THE QUESTION OF CONSOLIDATION OR DISSOL- 4 UTION OF THE LOCAL GOVERNMENT ENTITY, SUCH LOCAL GOVERNMENT ENTITY WILL 5 BE ELIGIBLE FOR AN EXPEDITED GRANT TO COVER COSTS ASSOCIATED WITH THE 6 DEVELOPMENT AND DISSEMINATION TO THE ELECTORS OF INFORMATION RELATED TO 7 THE RE-ORGANIZATION QUESTION BEFORE SUCH REFERENDUM. THE SECRETARY OF 8 STATE SHALL DEVELOP PROCESSES THAT WILL PERMIT EXPEDITED FINANCIAL AND 9 TECHNICAL ASSISTANCE TO SUCH LOCAL GOVERNMENT ENTITIES, INCLUDING BUT 10 NOT LIMITED TO PRE-QUALIFIED CONSULTANTS, DIRECT TECHNICAL ASSISTANCE 11 FROM PROGRAM STAFF AND PRE-ESTABLISHED WORK PLANS. 12 (VI) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT RE-OR- 13 GANIZATION SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS. A LOCAL 14 GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANT FOR A RE-ORGANIZA- 15 TION STUDY SHALL IN NO EVENT EXCEED FIFTY THOUSAND DOLLARS PER APPLICA- 16 TION, OF WHICH UP TO TWENTY-FIVE THOUSAND DOLLARS MAY BE AWARDED ON AN 17 EXPEDITED BASIS. A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT 18 GRANT FOR THE PLANNING OR IMPLEMENTATION OF A RE-ORGANIZATION SHALL NOT 19 EXCEED FIFTY THOUSAND DOLLARS. IN NO EVENT SHALL THE CUMULATIVE GRANT 20 AWARDS FOR A LOCAL GOVERNMENT RE-ORGANIZATION EXCEED ONE HUNDRED THOU- 21 SAND DOLLARS. 22 (VII) MATCHING FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF ACTIV- 23 ITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE 24 SHALL BE REQUIRED. 25 R. LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM BEGINNING IN THE STATE 26 FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN. (I) (1) FOR THE 27 PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, 28 TOWN, VILLAGE, SPECIAL IMPROVEMENT DISTRICT, FIRE DISTRICT, PUBLIC 29 LIBRARY, ASSOCIATION LIBRARY, WATER AUTHORITY, SEWER AUTHORITY, REGIONAL 30 PLANNING AND DEVELOPMENT BOARD, SCHOOL DISTRICT, OR BOARD OF COOPERATIVE 31 EDUCATIONAL SERVICES; PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS 32 DEFINITION, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSID- 33 ERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH BOARD OF COOPERATIVE 34 EDUCATIONAL SERVICES ADVANCES A JOINT APPLICATION ON BEHALF OF SCHOOL 35 DISTRICTS AND OTHER MUNICIPALITIES WITHIN THE BOARD OF COOPERATIVE 36 EDUCATIONAL SERVICES REGION; PROVIDED, HOWEVER, THAT ANY AGREEMENTS WITH 37 A BOARD OF COOPERATIVE EDUCATIONAL SERVICES: SHALL NOT GENERATE ADDI- 38 TIONAL STATE AID; SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPI- 39 TAL AND ADMINISTRATIVE BUDGETS OF THE BOARD OF COOPERATIVE EDUCATIONAL 40 SERVICES FOR THE PURPOSES OF COMPUTING CHARGES UPON COMPONENT SCHOOL 41 DISTRICTS PURSUANT TO SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARA- 42 GRAPH B OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY AND SUBDI- 43 VISION ONE OF SECTION NINETEEN HUNDRED FIFTY-ONE OF THE EDUCATION LAW; 44 AND SHALL BE DEEMED TO BE A COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES 45 OF SUBPARAGRAPH TWO OF PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINE- 46 TEEN HUNDRED FIFTY OF THE EDUCATION LAW. 47 (2) FOR THE PURPOSES OF THIS PARAGRAPH, "FUNCTIONAL CONSOLIDATION" 48 SHALL MEAN ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE OR FUNCTION 49 FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC- 50 TION. 51 (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF 52 STATE MAY AWARD COMPETITIVE GRANTS TO MUNICIPALITIES TO COVER COSTS 53 ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT 54 LIMITED TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION 55 OR DISSOLUTION, A FUNCTIONAL CONSOLIDATION, A CITY OR COUNTY CHARTER 56 REVISION THAT INCLUDES FUNCTIONAL CONSOLIDATION, SHARED OR COOPERATIVE A. 4007--B 29 1 SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT 2 SUCH LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW OPPORTU- 3 NITIES FOR FINANCIAL SAVINGS AND OPERATIONAL EFFICIENCIES; PROVIDED, 4 FURTHER, THAT ELIGIBLE LOCAL GOVERNMENT EFFICIENCY PROJECTS SHALL NOT 5 INCLUDE STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION ELIGI- 6 BLE TO RECEIVE A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT 7 GRANT PURSUANT TO PARAGRAPH Q OF THIS SUBDIVISION. THE SECRETARY OF 8 STATE MAY FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL AREAS, WITHIN 9 DISTRESSED COMMUNITIES AND AREAS OF HISTORICALLY HIGH LOCAL GOVERNMENT 10 COSTS AND PROPERTY TAXES, OR IN AREAS OF UNIQUE OPPORTUNITY, IN WHICH 11 CASE SUCH AREAS OF FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICA- 12 TIONS. 13 (III) ANY APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL 14 SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT- 15 ING FROM PROJECT IMPLEMENTATION. 16 (IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE USED TO COVER COSTS 17 INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL 18 IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY EXPENSES 19 RELATED TO IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT 20 WORK PLAN. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSITIONAL 21 PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES 22 ARE INTEGRAL TO IMPLEMENTATION OF THE LOCAL GOVERNMENT EFFICIENCY 23 PROJECT. NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR- 24 RING EXPENSES SUCH AS SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN 25 TRANSITIONAL PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE APPROVED 26 LOCAL GOVERNMENT EFFICIENCY GRANT WORK PLAN SHALL BE ELIGIBLE FOR A 27 PERIOD NOT TO EXCEED THREE YEARS. THE AMOUNTS AWARDED TO A SCHOOL 28 DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE INCLUDED IN THE 29 APPROVED OPERATING EXPENSE OF THE SCHOOL DISTRICT AS DEFINED IN PARA- 30 GRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE 31 EDUCATION LAW. 32 (V) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT EFFI- 33 CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER MUNICI- 34 PALITY; PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT RECEIVE 35 A CUMULATIVE GRANT AWARD IN EXCESS OF ONE MILLION DOLLARS. THE MAXIMUM 36 GRANT AWARD FOR A LOCAL GOVERNMENT EFFICIENCY PLANNING PROJECT, OR THE 37 PLANNING COMPONENT OF A PROJECT THAT INCLUDES BOTH PLANNING AND IMPLE- 38 MENTATION OF A LOCAL GOVERNMENT EFFICIENCY PROJECT, SHALL NOT EXCEED 39 TWENTY-FIVE THOUSAND DOLLARS PER MUNICIPALITY; PROVIDED, HOWEVER, THAT 40 IN NO EVENT SHALL SUCH A PLANNING PROJECT RECEIVE A GRANT AWARD IN 41 EXCESS OF TWO HUNDRED THOUSAND DOLLARS. 42 (VI) LOCAL MATCHING FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF 43 ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE 44 SHALL BE REQUIRED. IN THE EVENT AN APPLICANT IS IMPLEMENTING A PROJECT 45 THAT THE APPLICANT DEVELOPED THROUGH A SUCCESSFULLY COMPLETED PLANNING 46 GRANT FUNDED UNDER THE LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM OR THE 47 SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM, THE LOCAL MATCHING 48 FUNDS REQUIRED SHALL BE REDUCED BY THE LOCAL MATCHING FUNDS REQUIRED BY 49 SUCH SUCCESSFULLY COMPLETED PLANNING GRANT. 50 (VII) IN THE SELECTION OF GRANT AWARDS, THE SECRETARY OF STATE SHALL 51 GIVE THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN THE 52 DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT 53 THE COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3) BY 54 LOCAL GOVERNMENTS WITH HISTORICALLY HIGH COSTS OF LOCAL GOVERNMENT OR 55 SUSTAINED INCREASES IN PROPERTY TAXES. PRIORITY WILL ALSO BE GIVEN TO 56 MUNICIPALITIES THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT PURSUANT A. 4007--B 30 1 TO THIS PROGRAM OR THE SHARED MUNICIPAL SERVICES INCENTIVE GRANT 2 PROGRAM, AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL DEVEL- 3 OPMENT PROJECTS THAT HAVE RECEIVED FUNDS THROUGH STATE COMMUNITY AND 4 INFRASTRUCTURE DEVELOPMENT PROGRAMS. 5 (VIII) THE DEPARTMENT OF STATE SHALL PREPARE AN ANNUAL REPORT TO THE 6 GOVERNOR AND THE LEGISLATURE ON THE EFFECTIVENESS OF THE LOCAL GOVERN- 7 MENT EFFICIENCY GRANT PROGRAM AND THE LOCAL GOVERNMENT CITIZENS RE-OR- 8 GANIZATION EMPOWERMENT GRANT PROGRAM. SUCH REPORT SHALL BE PROVIDED ON 9 OR BEFORE OCTOBER FIRST OF EACH YEAR AND SHALL INCLUDE, BUT NOT BE 10 LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH 11 GRANT CATEGORY, AN ASSESSMENT OF PROGRESS IN IMPLEMENTING INITIATIVES 12 THAT RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND SIGNIF- 13 ICANT IMPROVEMENTS IN SERVICE REALIZED BY MUNICIPALITIES THAT HAVE 14 RECEIVED GRANTS. 15 S. LOCAL GOVERNMENT PERFORMANCE AND EFFICIENCY PROGRAM. (I) DEFI- 16 NITIONS. FOR THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN 17 A COUNTY, CITY, TOWN, OR VILLAGE, BUT SHALL NOT INCLUDE THE INDIVIDUAL 18 COUNTIES CONTAINED IN THE CITY OF NEW YORK. 19 (II) PURPOSE. THERE IS HEREBY ESTABLISHED A LOCAL GOVERNMENT PERFORM- 20 ANCE AND EFFICIENCY PROGRAM. THE PURPOSE OF THIS PROGRAM IS TO RECOGNIZE 21 MUNICIPALITIES THAT HAVE UNDERTAKEN SIGNIFICANT AND INNOVATIVE ACTIONS 22 TO IMPROVE THE OVERALL EFFICIENCY OF GOVERNMENTAL OPERATIONS AND PRODUCE 23 QUANTIFIABLE RECURRING FINANCIAL SAVINGS THAT REDUCE THE MUNICIPAL TAX 24 BURDEN ON RESIDENTS. 25 (III) ELIGIBILITY. ALL MUNICIPALITIES IN NEW YORK STATE ARE ELIGIBLE 26 TO APPLY INDIVIDUALLY OR JOINTLY, PROVIDED HOWEVER THAT IF AN ACTION WAS 27 UNDERTAKEN JOINTLY, MUNICIPALITIES MUST APPLY JOINTLY FOR SUCH AN 28 ACTION. THE ACTIONS FOR WHICH THEY APPLY MUST ALREADY HAVE BEEN IMPLE- 29 MENTED. 30 (IV) USE OF AWARDS. AWARDS RECEIVED PURSUANT TO THE PROGRAM SHALL BE 31 USED BY MUNICIPALITIES FOR GENERAL MUNICIPAL PURPOSES. 32 (V) APPLICATION. THE SECRETARY OF STATE SHALL DEVELOP AN APPLICATION 33 FOR MUNICIPALITIES SEEKING TO RECEIVE AWARDS AND A PROCESS BY WHICH THE 34 APPLICATIONS WILL BE EVALUATED. SUCH APPLICATION SHALL REQUIRE MUNICI- 35 PALITIES TO DEMONSTRATE HOW THE ACTION FOR WHICH THEY HAVE APPLIED HAS 36 RESULTED IN QUANTIFIABLE RECURRING SAVINGS, EFFICIENCIES, AND PERMANENT 37 IMPROVEMENTS TO MUNICIPAL SERVICES. THE SECRETARY OF STATE MAY FOCUS THE 38 PROGRAM IN SPECIFIC FUNCTIONAL SERVICE AREAS, IN WHICH CASE SUCH AREAS 39 OF FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICATIONS. NO APPLICATION 40 SHALL BE CONSIDERED FOR ACTIONS THAT COMMENCED PRIOR TO JANUARY FIRST, 41 TWO THOUSAND TEN. 42 (VI) AWARDS. THE SECRETARY OF STATE MAY MAKE AWARDS TO APPLICANTS 43 BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF CURRENT 44 AND FUTURE SAVINGS, THE IMPACT OF SUCH ACTION UPON THE MUNICIPAL PROPER- 45 TY TAX LEVY, THE SIZE AND COMPLEXITY OF THE ACTION, AND THE ABILITY FOR 46 THE ACTION TO BE REPLICATED BY OTHER MUNICIPALITIES. AWARDS SHALL ONLY 47 BE MADE TO MUNICIPALITIES FOR ACTIONS THAT HAVE BEEN FULLY IMPLEMENTED, 48 THAT CLEARLY RESULTED IN QUANTIFIABLE SAVINGS AND EFFICIENCIES, AND THAT 49 PRODUCED PERMANENT AND QUANTIFIABLE IMPROVEMENTS TO MUNICIPAL EFFICIENCY 50 OR SERVICES. THE MAXIMUM AMOUNT AWARDED PER APPLICATION SHALL NOT EXCEED 51 THE LESSER OF FIVE MILLION DOLLARS OR TWENTY-FIVE DOLLARS PER RESIDENT 52 OF THE APPLYING MUNICIPALITIES AS OF THE MOST RECENT FEDERAL DECENNIAL 53 CENSUS, PROVIDED, HOWEVER, THAT IF THE BOUNDARIES OF MUNICIPALITIES 54 JOINTLY APPLYING FOR SUCH FUNDING OVERLAP, THE RESIDENTS IN OVERLAPPING 55 AREAS SHALL ONLY BE COUNTED ONCE, AND PROVIDED, FURTHER, THAT IF A COUN- 56 TY JOINTLY APPLIES WITH SOME BUT NOT ALL OF THE OTHER MUNICIPALITIES A. 4007--B 31 1 THEREIN, ONLY THE RESIDENTS IN SUCH OTHER MUNICIPALITIES SHALL BE COUNT- 2 ED. 3 (VII) REGULATION. THE SECRETARY OF STATE SHALL, PRIOR TO THE ESTAB- 4 LISHMENT OF APPLICATIONS, PROMULGATE RULES AND REGULATIONS ON THE 5 PROGRAM, INCLUDING BUT NOT LIMITED TO AWARD ELIGIBILITY CRITERIA AND 6 APPLICATION, REVIEW AND APPROVAL PROCEDURES. 7 S 4. This act shall take effect immediately and shall be deemed to 8 have been in full force and effect on and after April 1, 2011. 9 PART L 10 Section 1. Section 4 of chapter 774 of the laws of 1989, amending the 11 real property tax law relating to certain state lands subject to taxa- 12 tion is amended to read as follows: 13 S 4. The agreements referred to in section three of this act shall 14 [enure] INURE to the benefit of and bind the people of the state of New 15 York in the event that the lands which are the subject of said agree- 16 ments are acquired by the people of the state of New York acting through 17 the department of environmental conservation. Upon any acquisition of 18 such lands by the department of environmental conservation, the 19 provisions of section 532 of the real property tax law shall not apply 20 to the lands so acquired but the [taxation thereof] PAYMENTS DUE THEREON 21 shall be governed by the agreements referred to in section three of this 22 act for the duration of such agreement. [The] IN THE EVENT THAT NO 23 SPECIFIC APPROPRIATION SHALL HAVE BEEN MADE FOR THAT PURPOSE, THE AMOUNT 24 APPROPRIATED FOR PAYMENTS OF TAXES ON STATE LANDS PURSUANT TO SECTIONS 25 532 THROUGH 546 OF THE REAL PROPERTY TAX LAW SHALL BE DEEMED TO ENCOM- 26 PASS THE STATE'S OBLIGATION TO MAKE THE PAYMENTS REQUIRED BY THIS 27 SECTION, NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE taxation of such 28 lands will be governed by such section 532 at such time as the agree- 29 ments cease to be effective. 30 S 2. This act shall take effect immediately. 31 PART M 32 Intentionally omitted. 33 PART N 34 Section 1. The state comptroller is hereby authorized and directed to 35 loan money in accordance with the provisions set forth in subdivision 5 36 of section 4 of the state finance law to the following funds and/or 37 accounts: 38 1. Tuition reimbursement fund (050): 39 a. Tuition reimbursement account (01). 40 b. Proprietary vocational school supervision account (02). 41 2. Local government records management improvement fund (052): 42 a. Local government records management account (01). 43 3. Dedicated highway and bridge trust fund (072): 44 a. Highway and bridge capital account (01). 45 4. State University Residence Hall Rehabilitation Fund (074). 46 5. State parks infrastructure trust fund (076): 47 a. State parks infrastructure account (01). 48 6. Clean water/clean air implementation fund (079). 49 7. State lottery fund (160): 50 a. Education - New (03). A. 4007--B 32 1 b. VLT - Sound basic education fund (06). 2 8. Medicaid management information system escrow fund (179). 3 9. Federal operating grants fund (290) federal capital grants fund 4 291). 5 10. Sewage treatment program management and administration fund (300). 6 11. Environmental conservation special revenue fund (301): 7 a. Hazardous bulk storage account (F7). 8 b. Utility environmental regulation account (H4). 9 c. Low level radioactive waste siting account (K5). 10 d. Recreation account (K6). 11 e. Conservationist magazine account (S4). 12 f. Environmental regulatory account (S5). 13 g. Natural resource account (S6). 14 h. Mined land reclamation program account (XB). 15 i. Federal grants indirect cost recovery account (IC). 16 12. Environmental protection and oil spill compensation fund (303). 17 13. Hazardous waste remedial fund (312): 18 a. Site investigation and construction account (01). 19 b. Hazardous waste remedial clean up account (06). 20 14. Mass transportation operating assistance fund (313): 21 a. Public transportation systems account (01). 22 b. Metropolitan mass transportation (02). 23 15. Clean air fund (314): 24 a. Operating permit program account (01). 25 b. Mobile source account (02). 26 16. Centralized services fund (323). 27 17. State exposition special fund (325). 28 18. Agency enterprise fund (331): 29 a. OGS convention center account (55). 30 19. Agencies internal service fund (334): 31 a. Archives records management account (02). 32 b. Federal single audit account (05). 33 c. Civil service law: sec 11 admin account (09). 34 d. Civil service EHS occupational health program account (10). 35 e. Banking services account (12). 36 f. Cultural resources survey account (14). 37 g. Neighborhood work project (17). 38 h. Automation & printing chargeback account (18). 39 i. OFT NYT account (20). 40 j. Data center account (23). 41 k. Human service telecom account (24). 42 l. Centralized Technology services account (30). 43 m. OPWDD copy center account (26). 44 n. Intrusion detection account (27). 45 o. Domestic violence grant account (28). 46 p. Learning management system account. 47 20. Miscellaneous special revenue fund (339): 48 a. Statewide planning and research cooperative system account (03). 49 b. OPWDD provider of service account (05). 50 c. New York state thruway authority account (08). 51 d. Mental hygiene patient income account (13). 52 e. Financial control board account (15). 53 f. Regulation of racing account (16). 54 g. New York metropolitan transportation council account (17). 55 h. Quality of care account (20). 56 i. Cyber upgrade account (25). A. 4007--B 33 1 j. Certificate of need account (26). 2 k. Hospital and nursing home management account (44). 3 l. State university dormitory income reimbursable account (47). 4 m. Energy research account (60). 5 n. Criminal justice improvement account (62). 6 o. Fingerprint identification and technology account (68). 7 p. Environmental laboratory reference fee account (81). 8 q. Clinical laboratory reference system assessment account (90). 9 r. Public employment relations board account (93). 10 s. Radiological health protection account (95). 11 t. Teacher certification account (A4). 12 u. Banking department account (A5). 13 v. Cable television account (A6). 14 w. Indirect cost recovery account (AH). 15 x. High school equivalency program account (AI). 16 y. Rail safety inspection account (AQ). 17 z. Child support revenue account (AX). 18 aa. Multi-agency training account (AY). 19 bb. Critical infrastructure account (B3). 20 cc. Insurance department account (B6). 21 dd. Bell jar collection account (BJ). 22 ee. Industry and utility service account (BK). 23 ff. Real property disposition account (BP). 24 gg. Parking account (BQ). 25 hh. Asbestos safety training program account (BW). 26 ii. Public service account (C3). 27 jj. Batavia school for the blind account (D9). 28 kk. Investment services account (DC). 29 ll. Surplus property account (DE). 30 mm. OPWDD day services account (DH). 31 nn. Financial oversight account (DI). 32 oo. Regulation of indian gaming account (DT). 33 pp. Special conservation activities account (CU). 34 qq. Interest assessment account (DZ). 35 rr. Office of the professions account (E3). 36 ss. Rome school for the deaf account (E6). 37 tt. Seized assets account (E8). 38 uu. Administrative adjudication account (E9). 39 vv. Federal salary sharing account (EC). 40 ww. New York City Assessment Account (EM). 41 xx. Cultural education account (EN). 42 yy. Examination and miscellaneous revenue account (ER). 43 zz. Transportation regulation account (F1). 44 aaa. Local services account (G3). 45 bbb. DHCR mortgage servicing account (H2). 46 ccc. Department of motor vehicles compulsory insurance account (H7). 47 ddd. Housing indirect cost recovery account (HI). 48 eee. DHCR-HCA application fee account (J5). 49 fff. EPIC premium account (J6). 50 ggg. Federal gasoline and diesel fuel excise tax account (L6). 51 hhh. OTDA income account (L7). 52 iii. Low income housing monitoring account (NG). 53 jjj. Procurement opportunities newsletter account (P4). 54 kkk. Corporation administration account (P6). 55 lll. Montrose veteran's home account (Q6). 56 mmm. Excelsior capital corporation reimbursement account (R1). A. 4007--B 34 1 nnn. Motor fuel quality account (R4). 2 ooo. Deferred compensation administration account (R7). 3 ppp. Rent revenue other account (RR). 4 qqq. Rent revenue account (S8). 5 rrr. Tax revenue arrearage account (TR). 6 sss. Solid waste management account (W3). 7 ttt. Occupational health clinics account (W4). 8 uuu. Capacity contracting (XU). 9 vvv. Administrative cost recovery - 10 tax return preparer registration fee account (Y8). 11 www. Sales tax re-registration fee account (YD). 12 xxx. Equitable sharing agreement account (YP). 13 yyy. Point insurance reduction program account. 14 zzz. Internet point insurance reduction program account. 15 aaaa. Mental hygiene program fund account (10). 16 bbbb. Third party debt collection account. 17 cccc. Regulation of manufactured housing account (CM). 18 dddd. Business and licensing services account (A6). 19 eeee. Consumer protection account (F2). 20 21. State university income fund (345): 21 a. State university general income offset account (11). 22 22. State police and motor vehicle law enforcement fund (354): 23 a. State police motor vehicle law enforcement account (02). 24 23. Youth facilities improvement fund (357): 25 a. Youth facilities improvement account (01). 26 24. Highway safety program fund (362): 27 a. Highway safety program account (01). 28 25. Drinking water program management and administration fund (366): 29 a. EFC drinking water program account (01). 30 b. DOH drinking water program account (02). 31 26. New York city county clerks offset fund (368): 32 a. NYCCC operating offset account (01). 33 27. Housing assistance fund (374). 34 28. Housing program fund (376). 35 29. Department of transportation - engineering services fund (380): 36 a. Highway facility purpose account (01). 37 30. Miscellaneous capital projects fund (387): 38 a. Clean air capital account (08). 39 b. New York racing account. 40 31. Mental hygiene facilities capital improvement fund (389). 41 32. Joint labor/management administration fund (394): 42 a. Joint labor/management administration fund (01). 43 33. Audit and control revolving fund (395): 44 a. Executive direction internal audit account (04). 45 b. CIO Information technology centralized services account. 46 34. Health insurance internal service fund (396): 47 a. Health insurance internal service account (00). 48 b. Civil service employee benefits div admin (01). 49 35. Correctional industries revolving fund (397). 50 36. Correctional facilities capital improvement fund (399). 51 37. HCRA resources fund (061): 52 a. EPIC premium account (J6). 53 b. Hospital based grants program account (AF). 54 c. Child health plus program account (29). 55 S 1-a. The state comptroller is hereby authorized and directed to loan 56 money in accordance with the provisions set forth in subdivision 5 of A. 4007--B 35 1 section 4 of the state finance law to any account within the following 2 federal funds, provided the comptroller has made a determination that 3 sufficient federal grant award authority is available to reimburse such 4 loans: 5 1. Federal USDA-food nutrition services fund (261). 6 2. Federal health and human services fund (265). 7 3. Federal education grants fund (267). 8 4. Federal block grant fund (269). 9 5. Federal operating grants fund (290). 10 6. Federal capital projects fund (291). 11 7. Federal unemployment insurance administration fund (480). 12 8. Federal unemployment insurance occupational training fund (484). 13 9. Federal employment and training grants (486). 14 S 2. Notwithstanding any law to the contrary, and in accordance with 15 section 4 of the state finance law, the comptroller is hereby authorized 16 and directed to transfer, upon request of the director of the budget, on 17 or before March 31, 2012, up to the unencumbered balance or the follow- 18 ing amounts: 19 Economic Development and Public Authorities: 20 1. $175,000 from the miscellaneous special revenue fund (339) under- 21 ground facilities safety training account (US), to the general fund. 22 2. An amount up to the unencumbered balance from the miscellaneous 23 special revenue fund (339), business and licensing services account 24 (AG), to the general fund. 25 3. $14,810,000 from the miscellaneous special revenue fund (339), code 26 enforcement account (07), to the general fund. 27 Education: 28 1. $2,210,000,000 from the general fund to the state lottery fund 29 (160), education account (03), as reimbursement for disbursements made 30 from such fund for supplemental aid to education pursuant to section 31 92-c of the state finance law that are in excess of the amounts deposit- 32 ed in such fund for such purposes pursuant to section 1612 of the tax 33 law. 34 2. $682,000,000 from the general fund to the state lottery fund (160), 35 VLT education account (06), as reimbursement for disbursements made from 36 such fund for supplemental aid to education pursuant to section 92-c of 37 the state finance law that are in excess of the amounts deposited in 38 such fund for such purposes pursuant to section 1612 of the tax law. 39 3. Moneys from the state lottery fund (160) up to an amount deposited 40 in such fund pursuant to section 1612 of the tax law in excess of the 41 current year appropriation for supplemental aid to education pursuant to 42 section 92-c of the state finance law. 43 4. $300,000 from the local government records management improvement 44 fund (052) to the archives partnership trust fund (024). 45 5. $810,000 from the general fund to the miscellaneous special revenue 46 fund (339), Batavia school for the blind account (D9). 47 6. $1,100,000 from the general fund to the miscellaneous special 48 revenue fund (339), Rome school for the deaf account (E6). 49 7. $80,000,000 from the state university dormitory income fund (330) 50 to the state university residence hall rehabilitation fund (074). 51 8. $343,400,000 from the state university dormitory income fund (330) 52 to the miscellaneous special revenue fund (339), state university dormi- 53 tory income reimbursable account (47). 54 9. $1,000,000 from the miscellaneous special revenue fund (339), 55 cultural education account (EN), to the miscellaneous special revenue 56 fund (339), summer school of the arts account (38). A. 4007--B 36 1 10. $24,000,000 from any of the state education department special 2 revenue and internal service funds to the miscellaneous special revenue 3 fund (339), indirect cost recovery account (AH). 4 11. $8,318,000 from the general fund to the state university income 5 fund (345), state university income offset account (11), for the state's 6 share of repayment of the STIP loan. 7 12. $48,000,000 from the State University Income Fund (345), State 8 University Hospitals Income Reimbursable Account (22) to the general 9 fund for hospital debt service. 10 13. $4,686,000 from the state university income fund (345), Long 11 Island Veterans' Home Account (09) to the general fund. 12 Environmental Affairs: 13 1. $500,000 from the department of transportation's federal capital 14 projects fund (291) to the office of parks and recreation federal oper- 15 ating grants fund (290), miscellaneous operating grants account. 16 2. $16,000,000 from any of the department of environmental conserva- 17 tion's special revenue federal funds to the special revenue fund (301) 18 federal grant indirect cost recovery account. 19 3. $3,000,000 from any of the office of parks, recreation and historic 20 preservation capital projects federal funds and special revenue federal 21 funds to the special revenue fund (339) federal grant indirect cost 22 recovery account (Z1). 23 4. $1,000,000 from any of the office of parks, recreation and historic 24 preservation special revenue federal funds to the special revenue fund 25 (339), I love NY water account (39). 26 Family Assistance: 27 1. $10,000,000 from any of the office of children and family services, 28 office of temporary and disability assistance, or department of health 29 special revenue federal funds and the general fund, in accordance with 30 agreements with social services districts, to the miscellaneous special 31 revenue fund (339), office of human resources development state match 32 account (2C). 33 2. $3,000,000 from any of the office of children and family services 34 or office of temporary and disability assistance special revenue federal 35 funds to the miscellaneous special revenue fund (339), family preserva- 36 tion and support services and family violence services account (GC). 37 3. $6,000,000 from any of the office of children and family services 38 special revenue federal funds to the general fund for title IV-E 39 reimbursement of youth facility costs. 40 4. $28,000,000 from any of the office of children and family services, 41 office of temporary and disability assistance, or department of health 42 special revenue federal funds and any other miscellaneous revenues 43 generated from the operation of office of children and family services 44 programs to the miscellaneous special revenue fund (339), office of 45 children and family services income account (AR). 46 5. $10,000,000 from any of the office of children and family services 47 or office of temporary and disability assistance special revenue funds 48 or the general fund to the miscellaneous special revenue fund (339), 49 connections account (WK). 50 6. $41,000,000 from any of the office of temporary and disability 51 assistance accounts within the federal health and human services fund 52 (265) to the general fund. 53 7. $8,300,000 from any of the office of temporary and disability 54 assistance accounts within the federal health and human services fund 55 (265) to the miscellaneous special revenue fund (339), client notices 56 account (EG). A. 4007--B 37 1 8. $98,980,000 from any of the office of temporary and disability 2 assistance, department of health or office of children and family 3 services special revenue funds to the miscellaneous special revenue fund 4 (339), office of temporary and disability assistance income account 5 (L7). 6 9. $2,500,000 from any of the office of temporary and disability 7 assistance or office of children and family services special revenue 8 federal funds to the miscellaneous special revenue fund (339), office of 9 temporary and disability assistance program account (AL). 10 10. $50,000,000 from any of the office of children and family 11 services, office of temporary and disability assistance, department of 12 labor, and department of health special revenue federal funds to the 13 office of children and family services miscellaneous special revenue 14 fund (339), multi-agency training contract account (AY). 15 11. $12,524,000 from the office of temporary and disability assistance 16 federal health and human services fund (265) to the miscellaneous 17 special revenue fund (339), child support revenue account (AX). 18 12. $6,300,000 from any of the office of children and family services, 19 office of temporary and disability assistance, department of labor, or 20 department of health special revenue funds to the office of temporary 21 and disability assistance miscellaneous special revenue fund (339), 22 multi-agency systems development account (MD). 23 13. $9,248,000 from any of the office of temporary and disability 24 assistance special revenue federal funds, to the miscellaneous special 25 revenue fund (339), OTDA training contract account (48). 26 14. $223,000,000 from the miscellaneous special revenue fund (339), 27 youth facility per Diem account (YF), to the general fund. 28 15. $10,000,000 from any of the office of temporary and disability 29 assistance special revenue federal funds, to the miscellaneous special 30 revenue fund (339), electronic benefit transfer and common benefit iden- 31 tification card account (GD). 32 16. Up to $3,500,000 from the combined gifts, grants, and bequests 33 fund (020), WB Hoyt Memorial account (78) to the general fund. 34 17. $1,300,000 from any of the office of temporary and disability 35 assistance and department of health special revenue federal funds to the 36 miscellaneous special revenue fund (339) welfare inspector general 37 administrative reimbursement account (WW). 38 18. Up to $11,922,000 from the miscellaneous special revenue fund 39 (339) state central registry (CY) to the general fund. 40 General Government: 41 1. $1,566,000 from the miscellaneous special revenue fund (339), exam- 42 ination and miscellaneous revenue account (ER) to the general fund. 43 2. $12,500,000 from the general fund to the health insurance revolving 44 fund (396). 45 3. $192,400,000 from the health insurance reserve receipts fund (167) 46 to the general fund. 47 4. $150,000 from the general fund to the not-for-profit revolving loan 48 fund (055). 49 5. $150,000 from the not-for-profit revolving loan fund (055) to the 50 general fund. 51 6. $11,000,000 from the miscellaneous special revenue fund (339), real 52 property disposition account (BP), to the general fund. 53 7. $3,000,000 from the miscellaneous special revenue fund (339), 54 surplus property account (DE), to the general fund. 55 8. $19,260,000 from the general fund to the miscellaneous special 56 revenue fund (339), alcoholic beverage control account (DB). A. 4007--B 38 1 9. $1,500,000 from the miscellaneous special revenue fund (339), 2 federal liability account (FL), to the general fund. 3 10. $23,000,000 from the miscellaneous special revenue fund (339), 4 revenue arrearage account (CR), to the general fund. 5 11. $1,826,000 from the miscellaneous special revenue fund (339) 6 revenue arrearage account (CR), to the miscellaneous special revenue 7 fund (339) authority budget office account. 8 12. Intentionally omitted. 9 13. $1,000,000 from the miscellaneous special revenue fund (339), 10 parking services account (BQ), to the general fund, for the purpose of 11 reimbursing the costs of debt service related to state parking facili- 12 ties. 13 14. Up to $45,000,000 from the general fund to the miscellaneous 14 special revenue fund (339), statewide financial system account (FM). 15 Health: 16 1. $12,000,000 from any of the department of health accounts within 17 the federal health and human services fund (265) to the general fund. 18 2. $139,560,000 from any of the department of health accounts within 19 the federal health and human services fund (265) to the miscellaneous 20 special revenue fund (339), quality of care account (20). 21 3. $1,000,000 from the general fund to the combined gifts, grants and 22 bequests fund (020), breast cancer research and education account (BD), 23 an amount equal to the monies collected and deposited into that account 24 in the previous fiscal year. 25 4. $2,464,000 from any of the department of health accounts within the 26 federal health and human services fund (265) to the department of health 27 miscellaneous special revenue fund (339), statewide planning and 28 research cooperation system (SPARCS) program account (03). 29 5. $250,000 from the general fund to the combined gifts, grants and 30 bequests fund (020), prostate cancer research, detection, and education 31 account (PR), an amount equal to the moneys collected and deposited into 32 that account in the previous fiscal year. 33 6. $500,000 from the general fund to the combined gifts, grants and 34 bequests fund (020), Alzheimer's disease research and assistance account 35 (AA), an amount equal to the moneys collected and deposited into that 36 account in the previous fiscal year. 37 7. $1,000,000 from the miscellaneous special revenue fund (339), 38 administration account (AP), to the general fund. 39 8. $600,000,000 from any of the department of health accounts within 40 the federal health and human services fund (265) to the miscellaneous 41 special revenue fund (339), federal state health reform partnership 42 account (FS). 43 9. $50,000,000 from the general fund to the miscellaneous special 44 revenue fund (339), empire state stem cell trust fund account (SR). 45 10. $1,250,000 from the miscellaneous New York state agency fund 46 (169), medical assistance account to the department of health miscella- 47 neous special revenue fund (339), third party health insurance account 48 (35). 49 11. $3,700,000 from the miscellaneous New York state agency fund 50 (169), medical assistance account to the office of medicaid inspector 51 general miscellaneous special revenue fund (339), recoveries and revenue 52 account (C9). 53 12. $1,500,000 from the general fund to the miscellaneous special 54 revenue fund (339), quality of care improvement account (QC). 55 13. $52,100,000 from the Health Care Reform Act Resources Act (061), 56 to the general fund. A. 4007--B 39 1 14. $37,800,000 from the Elderly Pharmaceutical Insurance Coverage 2 EPIC Premium account (339 J6), to the general fund. 3 Labor: 4 1. $700,000 from the labor standards miscellaneous special revenue 5 fund (339), fee and penalty account (30), to the child performer 6 protection fund (025), child performer protection account (CP). 7 2. $8,000,000 from the labor standards miscellaneous special revenue 8 fund (339), fee and penalty account (30), to the general fund. 9 3. $10,500,000 from the unemployment insurance interest and penalty 10 special revenue fund (482), unemployment insurance special interest and 11 penalty account (01), to the general fund. 12 4. $2,700,000 from the labor standards miscellaneous special revenue 13 fund (339), public work enforcement account (BA), to the general fund. 14 5. $1,500,000 from the training and education program on occupational 15 safety and health fund (305), occupational safety and health inspection 16 account (02), to the general fund. 17 Mental Hygiene: 18 1. $5,000,000 from the miscellaneous special revenue fund (339), 19 mental hygiene patient income account (13), to the miscellaneous special 20 revenue fund (339), federal salary sharing account (EC). 21 2. $240,000,000 from the miscellaneous special revenue fund (339), 22 mental hygiene patient income account (13) to the miscellaneous special 23 revenue fund (339), provider of service accounts (05). 24 3. $220,000,000 from the miscellaneous special revenue fund (339), 25 mental hygiene program fund account (10) to the miscellaneous special 26 revenue fund (339), provider of service account (05). 27 4. $150,000,000 from the general fund to the miscellaneous special 28 revenue fund (339), mental hygiene patient income account (13). 29 5. $150,000,000 from the general fund to the miscellaneous special 30 revenue fund (339), mental hygiene program fund account (10). 31 6. $275,000,000 from the miscellaneous special revenue fund (339), 32 mental hygiene program fund account (10) to the general fund. 33 7. $180,000,000 from the miscellaneous special revenue fund (339), 34 mental hygiene patient income account (13) to the general fund. 35 Public Protection: 36 1. $1,350,000 from the miscellaneous special revenue fund (339), emer- 37 gency management account (61), to the general fund. 38 2. $3,300,000 from the general fund to the miscellaneous special 39 revenue fund (339), recruitment incentive account (U2). 40 3. $9,500,000 from the general fund to the correctional industries 41 revolving fund (397), correctional industries internal service account 42 (00). 43 4. $8,678,000 from the miscellaneous special revenue fund (339), 44 statewide public safety communications account (LZ), to the general debt 45 service fund (311), revenue bond tax account (02). 46 5. $10,000,000 from federal miscellaneous operating grants fund (290), 47 DMNA damage account (71), to the general fund. 48 6. $16,000,000 from the general fund to the miscellaneous special 49 revenue fund (339), crimes against revenue program account (CA). 50 7. $20,000,000 from any office of homeland security account within the 51 federal miscellaneous operating grants fund (290), receiving money 52 through the homeland security grants program, to the general fund. 53 8. $11,500,000 from the federal miscellaneous operating grants fund 54 (290) world trade center account, to the general fund. 55 9. $22,100,000 from the miscellaneous special revenue fund (339) crim- 56 inal justice improvement account (62) to the general fund. A. 4007--B 40 1 10. $20,000,000 from the miscellaneous special revenue fund (339), 2 statewide public safety communications account (LZ), to the general 3 fund. 4 11. $4,000,000 from the miscellaneous special revenue fund (339) crim- 5 inal justice improvement account (62) to the miscellaneous special 6 revenue fund (339) legal services assistance account (IM). 7 12. $660,000 from the miscellaneous special revenue fund (339), cell 8 tower account (CT), to the general fund. 9 Transportation: 10 1. $17,672,000 from the federal miscellaneous operating grants fund 11 (290) to the special revenue fund (339), tri-state federal regional 12 planning account (17). 13 2. $20,147,000 from the federal capital projects fund (291) to the 14 special revenue fund (339), tri-state federal regional planning accounts 15 (17). 16 3. $15,368,000 from the miscellaneous special revenue fund (339), 17 compulsory insurance account (H7), to the general fund. 18 4. $19,000,000 from the general fund to the mass transportation oper- 19 ating assistance fund (313), public transportation systems operating 20 assistance account (01). 21 5. $575,000,000 from the general fund to the dedicated highway and 22 bridge trust fund (072). 23 6. $606,000 from the miscellaneous special revenue fund (339), inter- 24 net point insurance reduction program account (IC), to the general fund. 25 7. $2,935,000 from the clean air fund (314), mobile source account 26 (02), to the general fund. 27 8. $5,000 from the miscellaneous special revenue fund (339), motorcy- 28 cle safety account (AE), to the general fund. 29 9. $165,000,000 from the mass transportation operating assistance fund 30 (313), metropolitan mass transportation operating assistance account 31 (02), to the general debt service fund (311), for reimbursement of the 32 state's expenses in connection with payments of debt service and related 33 expenses for the metropolitan transportation authority's state service 34 contract bonds. 35 10. $16,721,000 from the mass transportation operating assistance fund 36 (313), metropolitan mass transportation operating assistance account 37 (02) to the mass transportation operating assistance fund (313) public 38 transportation systems operating assistance account (01). 39 11. $35,008,000 from the mass transportation operating assistance fund 40 (313), metropolitan mass transportation operating assistance account 41 (02) to the general fund. 42 Miscellaneous: 43 1. $75,000,000 from the general fund to any funds or accounts for the 44 purpose of reimbursing certain outstanding accounts receivable balances. 45 2. $250,000,000 from the general fund to the debt reduction reserve 46 fund (064). 47 S 3. Notwithstanding any law to the contrary, and in accordance with 48 section 4 of the state finance law, the comptroller is hereby authorized 49 and directed to transfer, on or before March 31, 2012: 50 1. Upon request of the commissioner of environmental conservation, up 51 to $10,777,000 from revenues credited to any of the department of envi- 52 ronmental conservation special revenue funds, including $3,142,800 from 53 the environmental protection and oil spill compensation fund (303), and 54 $1,742,600 from the conservation fund (302), to the environmental 55 conservation special revenue fund (301), indirect charges account (BJ). A. 4007--B 41 1 2. Upon request of the commissioner of agriculture and markets, up to 2 $3,000,000 from any special revenue fund or enterprise fund within the 3 department of agriculture and markets to the miscellaneous special 4 revenue fund (339) administrative costs account, to pay appropriate 5 administrative expenses. 6 3. Upon request of the commissioner of agriculture and markets, up to 7 $2,000,000 from the state exposition special fund (325), state fair 8 receipts account (01) to the miscellaneous capital projects fund (387), 9 state fair capital improvement account (13). 10 4. Upon request of the commissioner of the division of housing and 11 community renewal, up to $5,500,000 from revenues credited to any divi- 12 sion of housing and community renewal federal or miscellaneous special 13 revenue fund to the agency cost recovery account (HI). 14 5. Upon request of the commissioner of the division of housing and 15 community renewal, up to $5,500,000 may be transferred from any miscel- 16 laneous special revenue fund account (339), to any miscellaneous special 17 revenue fund (339). 18 6. Upon request of the commissioner of health up to $15,000,000 from 19 revenues credited to any of the department of health's special revenue 20 funds, to the miscellaneous special revenue fund (339), administration 21 account (AP). 22 S 4. Notwithstanding section 2815 of the public health law or any 23 other contrary provision of law, upon the direction of the director of 24 the budget and the commissioner of health, the dormitory authority of 25 the state of New York is directed to transfer seven million dollars 26 annually from funds available and uncommitted in the New York state 27 health care restructuring pool to the health care reform act (HCRA) 28 resources fund - HCRA resources account. 29 S 5. On or before March 31, 2012, the comptroller is authorized and 30 directed to transfer the unencumbered balance from the family benefit 31 fund (329) to the general fund. 32 S 6. On or before March 31, 2012, the comptroller is hereby authorized 33 and directed to deposit earnings that would otherwise accrue to the 34 general fund that are attributable to the operation of section 98-a of 35 the state finance law, to the agencies internal service fund (334), 36 banking services account (12), for the purpose of meeting direct 37 payments from such account. 38 S 7. Notwithstanding any law to the contrary, upon the direction of 39 the director of the budget and upon requisition by the state university 40 of New York, the dormitory authority of the state of New York is 41 directed to transfer, up to $22,000,000 in revenues generated from the 42 sale of notes or bonds, to the state university of New York for 43 reimbursement of bondable equipment for further transfer to the state's 44 general fund. 45 S 8. Notwithstanding any law to the contrary, the state university 46 chancellor or her designee is authorized and directed to transfer esti- 47 mated tuition revenue balances from the state university collection fund 48 (344) to the state university fund (345), state university revenue 49 offset account (12) on or before March 31, 2012. 50 S 9. Notwithstanding any law to the contrary, and in accordance with 51 section 4 of the state finance law, the comptroller is hereby authorized 52 and directed to transfer, upon request of the state university chancel- 53 lor or her designee, up to $50,000,000 from the state university income 54 fund (345), state university hospitals income reimbursable account (22), 55 for hospital income reimbursable for services and expenses of hospital 56 operations and capital expenditures at the state university hospitals, A. 4007--B 42 1 and the state university income fund (345) Long Island veterans' home 2 account (09) to the state university capital projects fund (384) on or 3 before June 30, 2012. 4 S 10. Notwithstanding any law to the contrary, and in accordance with 5 section 4 of the state finance law, the comptroller, after consultation 6 with the state university chancellor or his or her designee, is hereby 7 authorized and directed to transfer moneys, in the first instance, from 8 the state university collection fund (344), Stony Brook hospital 9 collection account (07), Brooklyn hospital collection account (08), and 10 Syracuse hospital collection account (09) to the state university income 11 fund (345), state university hospitals income reimbursable account (22) 12 in the event insufficient funds are available in the state university 13 income fund (345), state university hospitals income reimbursable 14 account (22) to transfer moneys, in amounts sufficient to permit the 15 full transfer of moneys authorized for transfer, to the general fund for 16 payment of debt service related to the SUNY hospitals. Notwithstanding 17 any law to the contrary, the comptroller is also hereby authorized and 18 directed, after consultation with the state university chancellor or his 19 or her designee, to transfer moneys from the state university income 20 fund (345) to the state university income fund (345), state university 21 hospitals income reimbursable account (22) in the event insufficient 22 funds are available in the state university income fund (345), state 23 university hospitals income reimbursable account (22) to pay hospital 24 operating costs or to transfer moneys, in amounts sufficient to permit 25 the full transfer of moneys authorized for transfer, to the general fund 26 for payment of debt service related to the SUNY hospitals on or before 27 March 31, 2012. 28 S 11. Notwithstanding any law to the contrary, and in accordance with 29 section 4 of the state finance law, the comptroller is hereby authorized 30 and directed to transfer monies, upon request of the director of the 31 budget, on or before March 31, 2012, from and to any of the following 32 accounts: the miscellaneous special revenue fund (339), patient income 33 account (13), the miscellaneous special revenue fund (339), mental 34 hygiene program fund account (10) or the general fund in any combina- 35 tion, the aggregate of which shall not exceed $350 million. 36 S 12. Notwithstanding any law to the contrary, and in accordance with 37 section 4 of the state finance law, the comptroller is hereby authorized 38 and directed to transfer, at the request of the director of the budget, 39 up to $500 million from the unencumbered balance of any special revenue 40 fund or account, or combination of funds and accounts, to the general 41 fund. The amounts transferred pursuant to this authorization shall be in 42 addition to any other transfers expressly authorized in the 2011-12 43 budget. Transfers from federal funds, debt service funds, capital 44 projects funds, or the community projects fund are not permitted pursu- 45 ant to this authorization. The director of the budget shall notify both 46 houses of the legislature in writing prior to initiating transfers 47 pursuant to this authorization. 48 S 13. Notwithstanding any law to the contrary, and in accordance with 49 section 4 of the state finance law, the comptroller is hereby authorized 50 and directed to transfer, at the request of the director of the budget, 51 up to $75 million from the unencumbered balance of any non-general fund 52 or account, or combination of funds and accounts, to the general fund. 53 The amounts transferred pursuant to this authorization shall be equal to 54 those savings achieved in such non-general funds as a result of work- 55 force savings actions and are in addition to any other transfers 56 expressly authorized. Transfers from federal funds are not permitted A. 4007--B 43 1 pursuant to this authorization. The director of the budget shall notify 2 both houses of the legislature in writing prior to initiating transfers 3 pursuant to this authorization. 4 S 14. Notwithstanding any provision of law to the contrary, the power 5 authority of the state of New York, as deemed feasible and advisable by 6 its trustees, is authorized and directed to make a contribution to the 7 state treasury to the credit of the general fund in the amount of 8 $100,000,000 for the fiscal year commencing April 1, 2011. The power 9 authority of the state of New York will transfer not less than 10 $40,000,000 by June 30, 2011 and will transfer the remainder, up to 11 $60,000,000, by January 31, 2012. 12 S 14-a. In addition to any payment made by a public benefit corpo- 13 ration pursuant to an assessment imposed under sections 2975, 2975-a, 14 2976 and 2976-a of the public authorities law, a public benefit corpo- 15 ration is authorized to make voluntary contributions to the state gener- 16 al fund for any lawful purpose at any time from any public benefit 17 corporation funds in such amounts as deemed to be feasible and advisable 18 by such public benefit corporation's governing board after due consider- 19 ation of the public benefit corporation's legal and financial obli- 20 gations. Notwithstanding any other law, the payment of a voluntary 21 payment pursuant to this subdivision is deemed to be a valid and proper 22 purpose for which available funds may be applied. Voluntary contrib- 23 utions made pursuant to this subdivision shall be payable to the state 24 treasury to the credit of the general fund. 25 S 15. Intentionally omitted. 26 S 16. Subdivision 5 of section 97-rrr of the state finance law, as 27 amended by section 15 of part JJ of chapter 56 of the laws of 2010, is 28 amended to read as follows: 29 5. Notwithstanding the provisions of section one hundred seventy-one-a 30 of the tax law, as separately amended by chapters four hundred eighty- 31 one and four hundred eighty-four of the laws of nineteen hundred eight- 32 y-one, or any other provisions of law to the contrary, during the fiscal 33 year beginning April first, two thousand ten, the state comptroller is 34 hereby authorized and directed to deposit to the fund created pursuant 35 to this section from amounts collected pursuant to article twenty-two of 36 the tax law and pursuant to a schedule submitted by the director of the 37 budget, up to [$3,308,000,000] $3,292,520,000, as may be certified in 38 such schedule as necessary to meet the purposes of such fund for the 39 fiscal year beginning April first, two thousand [ten] ELEVEN. 40 S 17. Subdivision (b) of section 19-a of part PP of chapter 56 of the 41 laws of 2009 providing funding for certain community projects, relating 42 to increasing such funding, is REPEALED. 43 S 18. The comptroller is authorized and directed to deposit to the 44 general fund-state purposes account reimbursements from moneys appropri- 45 ated or reappropriated to the correctional facilities capital improve- 46 ment fund (399) by a chapter of the laws of 2011. Reimbursements shall 47 be available for spending from appropriations made to the department of 48 correctional services in the general fund-state purposes account by a 49 chapter of the laws of 2011 for costs associated with the administration 50 and security of capital projects and for other costs which are attribut- 51 able, according to a plan, to such capital projects. 52 S 19. Notwithstanding any other law, rule, or regulation to the 53 contrary, the comptroller is hereby authorized and directed to deposit 54 to the credit of the capital projects fund, reimbursement from the 55 proceeds of notes or bonds issued by the environmental facilities corpo- 56 ration for a capital appropriation for $29,772,000 authorized by chapter A. 4007--B 44 1 54 of the laws of 2001 to the department of environmental conservation 2 for payment of a portion of the state's match for federal capitalization 3 grants for the water pollution control revolving loan fund. 4 S 20. Notwithstanding any other law, rule, or regulation to the 5 contrary, the comptroller is hereby authorized and directed to deposit, 6 to the credit of the capital projects fund, reimbursement from the 7 proceeds of notes or bonds issued by the environmental facilities corpo- 8 ration for a capital appropriation for $29,365,000 authorized by chapter 9 54 of the laws of 2002 to the department of environmental conservation 10 for payment of a portion of the state's match for federal capitalization 11 grants for the water pollution control revolving loan fund, reimburse- 12 ment from the proceeds of notes and bonds issued by the urban develop- 13 ment corporation or other financing source for a capital appropriation 14 for $89,000,000 authorized by chapter 50 of the laws of 2002 to the 15 office of general services for payment of capital construction costs for 16 the Alfred E. Smith office building located in the city of Albany, 17 reimbursement from the proceeds of notes and bonds issued by the urban 18 development corporation or other financing source for capital appropri- 19 ations for $1,500,000 authorized by chapter 50 of the laws of 2002 to 20 the office of general services for payment of capital construction costs 21 for the Elk street parking garage building located in the city of Alba- 22 ny, reimbursement from the proceeds of notes or bonds issued by the 23 urban development corporation for disbursements of up to $12,000,000 24 from any capital appropriation or reappropriation authorized by chapter 25 50 of the laws of 2002 to the office of general services for various 26 purposes, reimbursement from the proceeds of notes or bonds issued by 27 the urban development corporation for a capital appropriation of 28 $13,250,000 authorized by chapter 55 of the laws of 2002 to the energy 29 research and development authority for the Western New York Nuclear 30 Service Center at West Valley, reimbursement from the proceeds of notes 31 or bonds issued by the urban development corporation for a capital 32 appropriation of $14,300,000 authorized by chapter 55 of the laws of 33 2002 to the urban development corporation to finance a portion of the 34 jobs now program, reimbursement from the proceeds of notes or bonds 35 issued by the dormitory authority for disbursements of up to $20,800,000 36 from any capital appropriation or reappropriation authorized by chapter 37 51 of the laws of 2002 to the judiciary for courthouse improvements, 38 reimbursement from the proceeds of notes or bonds issued by the urban 39 development corporation for disbursements of up to $15,000,000 from 40 appropriations or reappropriations authorized by chapter 50 of the laws 41 of 2002 to any agency for costs related to homeland security, and 42 reimbursement from the proceeds of notes or bonds issued by the environ- 43 mental facilities corporation for a capital appropriation of $10,000,000 44 authorized by chapter 54 of the laws of 2002 to the department of envi- 45 ronmental conservation for Onondaga lake. 46 S 21. Notwithstanding any other law, rule, or regulation to the 47 contrary, the comptroller is hereby authorized and directed to deposit 48 to the credit of the capital projects fund, reimbursement from the 49 proceeds of notes or bonds issued by the environmental facilities corpo- 50 ration for a capital appropriation of $30,174,000 authorized by chapter 51 55 of the laws of 2003 to the department of environmental conservation 52 for payment of a portion of the state's match for federal capitalization 53 grants for the water pollution control revolving loan fund, reimburse- 54 ment from the proceeds of notes or bonds issued by the urban development 55 corporation or other financing source for a capital appropriation of 56 $19,500,000 authorized by chapter 50 of the laws of 2003 to the office A. 4007--B 45 1 of general services for payment of capital construction costs for the 51 2 Elk street parking garage building located in the city of Albany, 3 reimbursement from the proceeds of notes or bonds issued by the urban 4 development corporation for disbursements of up to $10,000,000 from any 5 capital appropriation or reappropriation authorized by chapter 50 of the 6 laws of 2003 to the office of general services for various purposes, 7 reimbursement from the proceeds of notes or bonds issued by the environ- 8 mental facilities corporation for a capital appropriation of $13,250,000 9 authorized by chapter 55 of the laws of 2003 to the energy research and 10 development authority for the Western New York Nuclear Service Center at 11 West Valley, reimbursement from the proceeds of notes or bonds issued by 12 the dormitory authority for disbursements of up to $16,400,000 from any 13 capital appropriation or reappropriation authorized by chapter 51 of the 14 laws of 2003 to the judiciary for courthouse improvements, reimbursement 15 from the proceeds of notes or bonds issued by the urban development 16 corporation for disbursements of up to $10,000,000 from appropriations 17 or reappropriations authorized by chapter 50 of the laws of 2003 to any 18 agency for costs related to homeland security, reimbursement from the 19 proceeds of notes or bonds issued by the environmental facilities corpo- 20 ration for a capital appropriation of $10,000,000 authorized by chapter 21 55 of the laws of 2003 to the department of environmental conservation 22 for Onondaga lake, reimbursement from the proceeds of notes or bonds 23 issued by the environmental facilities corporation for disbursements of 24 up to $11,000,000 from any capital appropriations or reappropriations 25 authorized by chapter 55 of the laws of 2003 to the department of envi- 26 ronmental conservation for environmental purposes, and reimbursement 27 from the proceeds of notes or bonds issued by the dormitory authority 28 for disbursements of up to $100,000,000 from a capital appropriation 29 authorized by chapter 50 of the laws of 2003 to the department of state 30 for enhanced 911 wireless service. 31 S 22. Notwithstanding any other law, rule, or regulation to the 32 contrary, the comptroller is hereby authorized and directed to deposit 33 to the credit of the capital projects fund, reimbursement from the 34 proceeds of notes or bonds issued by the environmental facilities corpo- 35 ration for a capital appropriation for $28,893,000 authorized by chapter 36 55 of the laws of 2004 to the department of environmental conservation 37 for payment of a portion of the state's match for federal capitalization 38 grants for the water pollution control revolving loan fund, reimburse- 39 ment from the proceeds of notes or bonds issued by the urban development 40 corporation for disbursements of up to $10,000,000 from any capital 41 appropriation or reappropriation authorized by chapter 50 of the laws of 42 2004 to the office of general services for various purposes, reimburse- 43 ment from the proceeds of notes or bonds issued by the environmental 44 facilities corporation for a capital appropriation of $11,350,000 45 authorized by chapter 55 of the laws of 2004 to the energy research and 46 development authority for the Western New York Nuclear Service Center at 47 West Valley, reimbursement from the proceeds of notes or bonds issued by 48 the environmental facilities corporation, for a capital appropriation of 49 $10,000,000 authorized by chapter 55 of the laws of 2004 to the depart- 50 ment of environmental conservation for Onondaga lake, reimbursement from 51 the proceeds of notes or bonds issued by the environmental facilities 52 corporation for disbursements of up to $11,000,000 from any capital 53 appropriations or reappropriations authorized by chapter 55 of the laws 54 of 2004 to the department of environmental conservation for environ- 55 mental purposes, reimbursement from the proceeds of notes or bonds 56 issued by the dormitory authority for a capital appropriation of A. 4007--B 46 1 $80,000,000 authorized by chapter 53 of the laws of 2004 to the educa- 2 tion department for capital transition grants for transportation, 3 reimbursement from the proceeds of notes or bonds issued by the dormito- 4 ry authority for a capital appropriation of $243,000,000 authorized by 5 chapter 55 of the laws of 2004 for payment of costs related to economic 6 development projects, reimbursement from the proceeds of bonds or notes 7 issued by the urban development corporation for a capital appropriation 8 of $83,500,000 authorized by chapter 53 of the laws of 2006, as amended 9 by chapter 108 of the laws of 2006, for payment of costs related to the 10 H. H. Richardson complex and the Darwin Martin House, and reimbursement 11 from the proceeds of notes or bonds issued by the dormitory authority 12 for a capital appropriation of $290,000,000 authorized by chapter 3 of 13 the laws of 2004 for the New York state economic development program. 14 S 23. Notwithstanding any other law, rule, or regulation to the 15 contrary, the comptroller is hereby authorized and directed to deposit 16 to the credit of the capital projects fund, reimbursement from the 17 proceeds of notes or bonds issued by the environmental facilities corpo- 18 ration for a capital appropriation of $29,602,000 authorized by chapter 19 55 of the laws of 2005 to the department of environmental conservation 20 for payment of a portion of the state's match for federal capitalization 21 grants for the water pollution control revolving loan fund, reimburse- 22 ment from the proceeds of notes or bonds issued by the urban development 23 corporation for disbursements of up to $10,000,000 from any capital 24 appropriation or reappropriation authorized by chapter 50 of the laws of 25 2005 to the office of general services for various purposes, reimburse- 26 ment from the proceeds of notes or bonds issued by the environmental 27 facilities corporation for a capital appropriation of $11,350,000 28 authorized by chapter 55 of the laws of 2005 to the energy research and 29 development authority for the Western New York Nuclear Service Center at 30 West Valley, reimbursement from the proceeds of notes or bonds issued by 31 the environmental facilities corporation for a capital appropriation of 32 $10,000,000 authorized by chapter 55 of the laws of 2005 to the depart- 33 ment of environmental conservation for Onondaga lake, reimbursement from 34 the proceeds of notes or bonds issued by the environmental facilities 35 corporation for disbursements of up to $11,000,000 from any capital 36 appropriations or reappropriations authorized by chapter 55 of the laws 37 of 2005 to the department of environmental conservation for environ- 38 mental purposes, reimbursement from the proceeds of notes or bonds 39 issued by the urban development corporation for a capital appropriation 40 of $350,000,000 authorized by chapter 55 of the laws of 2005 for the 41 Javits center, reimbursement from the proceeds of notes or bonds issued 42 by the dormitory authority for a capital appropriation of $88,344,000 43 authorized by chapter 62 of the laws of 2005 for regional development, 44 reimbursement from the proceeds of notes or bonds issued by the dormito- 45 ry authority for a capital appropriation of $176,661,000 authorized by 46 chapter 62 of the laws of 2005 for technology and development, 47 reimbursement from the proceeds of notes or bonds issued by the urban 48 development corporation for a capital appropriation of $48,517,000 49 authorized by chapter 162 of the laws of 2005 for the New York state 50 economic development program, reimbursement from the proceeds of notes 51 or bonds issued by the urban development corporation for a capital 52 appropriation of $150,000,000 authorized by chapter 62 of the laws of 53 2005 for the higher education facilities capital matching grants 54 program, reimbursement from the proceeds of notes or bonds issued by the 55 dormitory authority or other financing source for a capital appropri- 56 ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to the A. 4007--B 47 1 office of general services for payment of capital construction costs for 2 the Elk street parking garage building located in the city of Albany, 3 reimbursement from the proceeds of notes or bonds issued by the urban 4 development corporation for a capital appropriation of $15,000,000 5 authorized by chapter 53 of the laws of 2005 to the state education 6 department for payment of capital construction costs for public broad- 7 casting facilities, reimbursement from the proceeds of notes or bonds 8 issued by the urban development corporation for a capital appropriation 9 of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi- 10 sion of state police for public protection facilities, and reimbursement 11 from the proceeds of notes or bonds issued by the urban development 12 corporation for capital disbursements of up to $3,000,000 from any capi- 13 tal appropriation or reappropriation authorized by chapter 50 of the 14 laws of 2005 to the division of military and naval affairs for various 15 purposes. 16 S 24. Notwithstanding any other law, rule, or regulation to the 17 contrary, the comptroller is hereby authorized and directed to deposit 18 to the credit of the capital projects fund, reimbursement from the 19 proceeds of notes or bonds issued by the environmental facilities corpo- 20 ration for a capital appropriation for $29,600,000 authorized by chapter 21 55 of the laws of 2006 to the department of environmental conservation 22 for payment of a portion of the state's match for federal capitalization 23 grants for the water pollution control revolving loan fund, reimburse- 24 ment from the proceeds of notes or bonds issued by the urban development 25 corporation for disbursements of up to $20,000,000 from any capital 26 appropriation or reappropriation authorized by chapter 50 of the laws of 27 2006 to the office of general services for various purposes, reimburse- 28 ment from the proceeds of notes or bonds issued by the environmental 29 facilities corporation for a capital appropriation of $14,000,000 30 authorized by chapter 55 of the laws of 2006 to the energy research and 31 development authority for the Western New York Nuclear Service Center at 32 West Valley, reimbursement from the proceeds of notes or bonds issued by 33 the environmental facilities corporation for a capital appropriation of 34 $10,000,000 authorized by chapter 55 of the laws of 2006 to the depart- 35 ment of environmental conservation for Onondaga lake, reimbursement from 36 the proceeds of notes or bonds issued by the environmental facilities 37 corporation for disbursements of up to $12,000,000 from any capital 38 appropriations or reappropriations authorized by chapter 55 of the laws 39 of 2006 to the department of environmental conservation for environ- 40 mental purposes, reimbursement from the proceeds of notes or bonds 41 issued by the urban development corporation for capital disbursements of 42 up to $3,000,000 from any capital appropriation or reappropriation 43 authorized by chapter 50 of the laws of 2006 to the division of military 44 and naval affairs for various purposes, reimbursement from the proceeds 45 of notes or bonds issued by the urban development corporation for 46 disbursements of up to $12,400,000 from any capital appropriation or 47 reappropriation authorized by chapter 50 of the laws of 2006 to the 48 division of state police for public protection facilities, reimbursement 49 from the proceeds of notes or bonds issued by the urban development 50 corporation for a capital appropriation of $117,000,000 authorized by 51 chapter 50 of the laws of 2006 to all state departments and agencies for 52 the purchase of equipment, reimbursement from the proceeds of notes or 53 bonds issued by the dormitory authority or the urban development corpo- 54 ration for all or a portion of capital appropriations of $603,050,000 55 authorized by chapter 108 of the laws of 2006 to the urban development 56 corporation for economic development/other projects, reimbursement from A. 4007--B 48 1 the proceeds of notes or bonds issued by the urban development corpo- 2 ration for a capital appropriation of $269,500,000 authorized by chapter 3 108 of the laws of 2006 to the dormitory authority or the urban develop- 4 ment corporation for economic development projects, reimbursement from 5 the proceeds of notes or bonds issued by the dormitory authority or the 6 urban development corporation for a capital appropriation of 7 $201,500,000 authorized by chapter 108 of the laws of 2006 to the urban 8 development corporation for university development projects, reimburse- 9 ment from the proceeds of notes or bonds issued by the dormitory author- 10 ity or for a capital appropriation of $143,000,000 authorized by chapter 11 108 of the laws of 2006 to the urban development corporation for 12 cultural facilities projects, reimbursement from the proceeds of notes 13 or bonds issued by the dormitory authority or the urban development 14 corporation for capital appropriations totaling $60,000,000 authorized 15 by chapter 108 of the laws of 2006 to the urban development corporation 16 for energy/environmental projects, reimbursement from the proceeds of 17 notes or bonds issued by the dormitory authority or the urban develop- 18 ment corporation for a capital appropriation of $20,000,000 authorized 19 by chapter 108 of the laws of 2006 to the urban development corporation 20 for a competitive solicitation for construction of a pilot cellulosic 21 ethanol refinery, reimbursement from the proceeds of notes or bonds 22 issued by the urban development corporation for a capital appropriation 23 of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban 24 development corporation for services and expenses related to infrastruc- 25 ture for a new stadium in Queens county, and reimbursement from the 26 proceeds of notes or bonds issued by the urban development corporation 27 for a capital appropriation of $74,700,000 authorized by chapter 55 of 28 the laws of 2006 to the urban development corporation for services and 29 expenses related to infrastructure improvements to construct a new park- 30 ing facility at a new stadium in Bronx county, reimbursement from the 31 proceeds of notes and bonds issued by the environmental facilities 32 corporation for a capital appropriation of $5,000,000 authorized by 33 chapter 55 of the laws of 2006 to the environmental facilities corpo- 34 ration for payment for the pipeline for jobs program, reimbursement from 35 the proceeds of notes or bonds issued by the dormitory authority for 36 capital disbursements of up to $14,000,000 from any capital appropri- 37 ation or reappropriation authorized by chapter 53 of the laws of 2006 38 for the library construction purpose, reimbursement from the proceeds of 39 notes or bonds issued by the urban development corporation or the dormi- 40 tory authority for an appropriation of $1,200,000 authorized by chapter 41 53 of the laws of 2006 for the towns of Bristol and Canandaigua public 42 water systems, reimbursement from the proceeds of notes or bonds issued 43 by the urban development corporation or the dormitory authority for an 44 appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006 45 for Belleayre mountain ski center, reimbursement from the proceeds of 46 notes or bonds issued by the urban development corporation or the dormi- 47 tory authority for an appropriation of $25,000,000 authorized by chapter 48 53 of the laws of 2006 for the town of Smithtown/Kings Park psychiatric 49 center rehabilitation, reimbursement from the proceeds of notes or bonds 50 issued by the urban development corporation or the dormitory authority 51 for an appropriation of $5,000,000 authorized by chapter 108 of the laws 52 of 2006 for a state of New York umbilical cord bank, reimbursement from 53 the proceeds of notes or bonds issued by the urban development corpo- 54 ration or the dormitory authority for an appropriation of $5,500,000 55 authorized by chapter 53 of the laws of 2006 for an Old Gore mountain 56 ski bowl connection, reimbursement from the proceeds of notes or bonds A. 4007--B 49 1 issued by the urban development corporation or the dormitory authority 2 for an appropriation of $2,000,000 authorized by chapter 53 of the laws 3 of 2006 for a Cornell equine drug testing laboratory, reimbursement from 4 the proceeds of notes or bonds issued by the urban development corpo- 5 ration or the dormitory authority for an appropriation of $2,000,000 6 authorized by chapter 53 of the laws of 2006 for a Fredonia vineyard 7 laboratory, reimbursement from the proceeds of notes or bonds issued by 8 the urban development corporation or the dormitory authority for an 9 appropriation of $99,500,000 authorized by chapter 108 of the laws of 10 2006 to the office for technology for payment of capital construction 11 costs for a consolidated data center, reimbursement from the proceeds of 12 notes or bonds issued by the dormitory authority or the urban develop- 13 ment corporation for an appropriation of $40,000,000 authorized by chap- 14 ter 108 of the laws of 2006 for a food testing laboratory, reimbursement 15 from the proceeds of notes or bonds issued by the New York state thruway 16 authority for an appropriation of $22,000,000 authorized by chapter 108 17 of the laws of 2006 to the department of transportation for high speed 18 rail, reimbursement from the proceeds of notes or bonds issued by the 19 urban development corporation for capital disbursements of up to 20 $500,000,000 from an appropriation authorized by chapter 108 of the laws 21 of 2006 to the urban development corporation for development of a semi- 22 conductor manufacturing facility, reimbursement from the proceeds of 23 notes or bonds issued by the urban development corporation of up to 24 $150,000,000 from an appropriation authorized by chapter 108 of the laws 25 of 2006 to the urban development corporation for research and develop- 26 ment activities of a semiconductor manufacturer, and reimbursement from 27 the proceeds of notes or bonds issued by the urban development corpo- 28 ration for capital disbursements of up to $300,000,000 from an appropri- 29 ation to the urban development corporation authorized by chapter 108 of 30 the laws of 2006 for community revitalization projects. 31 S 25. Notwithstanding any other law, rule, or regulation to the 32 contrary, the comptroller is hereby authorized and directed to deposit 33 to the credit of the capital projects fund, reimbursement from the 34 proceeds of notes or bonds issued by the environmental facilities corpo- 35 ration for a capital appropriation of $29,600,000 authorized by chapter 36 55 of the laws of 2007 to the department of environmental conservation 37 for payment of a portion of the state's match for federal capitalization 38 grants for the water pollution control revolving loan fund, reimburse- 39 ment from the proceeds of notes or bonds issued by the urban development 40 corporation for disbursements of up to $20,000,000 from any capital 41 appropriation or reappropriation authorized by chapter 50 of the laws of 42 2007 to the office of general services for various purposes, reimburse- 43 ment from the proceeds of notes or bonds issued by the environmental 44 facilities corporation for a capital appropriation of $13,500,000 45 authorized by chapter 55 of the laws of 2007 to the energy research and 46 development authority for the Western New York Nuclear Service Center at 47 West Valley, reimbursement from the proceeds of notes or bonds issued by 48 the environmental facilities corporation for a capital appropriation of 49 $10,000,000 authorized by chapter 55 of the laws of 2007 to the depart- 50 ment of environmental conservation for Onondaga lake, reimbursement from 51 the proceeds of notes or bonds issued by the environmental facilities 52 corporation for disbursements of up to $12,000,000 from any capital 53 appropriations or reappropriations authorized by chapter 55 of the laws 54 of 2007 to the department of environmental conservation for environ- 55 mental purposes, reimbursement from the proceeds of notes or bonds 56 issued by the urban development corporation for capital disbursements of A. 4007--B 50 1 up to $3,000,000 from any capital appropriation or reappropriation 2 authorized by chapter 50 of the laws of 2007 to the division of military 3 and naval affairs for various purposes, reimbursement from the proceeds 4 of notes or bonds issued by the urban development corporation for 5 disbursements from a capital appropriation of $50,000,000 authorized by 6 chapter 50 of the laws of 2007 to the division of state police for 7 construction of a Troop G facility, reimbursement from the proceeds of 8 notes or bonds issued by the urban development corporation for disburse- 9 ments from a capital appropriation of $6,000,000 authorized by chapter 10 50 of the laws of 2007 to the division of state police for construction 11 of evidence storage facilities, reimbursement from the proceeds of notes 12 or bonds issued by the dormitory authority or the urban development 13 corporation for capital appropriations totaling $77,900,000 authorized 14 by chapter 51 of the laws of 2007 to the judiciary for court training 15 facilities and courthouse improvement projects, reimbursement from the 16 proceeds of notes or bonds issued by the urban development corporation 17 for a capital appropriation of $20,000,000 authorized by chapter 50 of 18 the laws of 2007 to all state departments and agencies for the purchase 19 of equipment, reimbursement from the proceeds of notes or bonds issued 20 by the dormitory authority for capital disbursements of up to 21 $14,000,000 from any capital appropriation or reappropriation authorized 22 by chapter 53 of the laws of 2007 for library construction, reimburse- 23 ment from the proceeds of notes or bonds issued by the dormitory author- 24 ity for capital disbursements of up to $60,000,000 from any capital 25 appropriation or reappropriation authorized by chapter 53 of the laws of 26 2007 for cultural education storage facilities, reimbursement from the 27 proceeds of notes or bonds issued by the urban development corporation 28 for capital disbursements of up to $15,000,000 from any capital appro- 29 priation or reappropriation authorized by chapter 55 of the laws of 2007 30 for the Roosevelt Island Operating Corporation aerial tramway, 31 reimbursement from the proceeds of notes or bonds issued by the urban 32 development corporation for capital disbursements of up to $20,000,000 33 from any capital appropriation or reappropriation authorized by chapter 34 55 of the laws of 2007 for Governor's Island, reimbursement from the 35 proceeds of notes or bonds issued by the urban development corporation 36 for capital disbursements of up to $7,500,000 from any capital appropri- 37 ation or reappropriation authorized by chapter 55 of the laws of 2007 38 for Harriman research and technology park, reimbursement from the 39 proceeds of notes or bonds issued by the urban development corporation 40 for capital disbursements of up to $7,950,000 from any capital appropri- 41 ation or reappropriation authorized by chapter 55 of the laws of 2007 42 for USA Niagara, and reimbursement from the proceeds of notes or bonds 43 issued by the urban development corporation for capital disbursements of 44 up to $1,300,000 from appropriations authorized by chapter 50 of the 45 laws of 2007 made to the office of general services for legislative 46 office building hearing rooms. 47 S 26. Notwithstanding any other law, rule, or regulation to the 48 contrary, the comptroller is hereby authorized and directed to deposit 49 to the credit of the capital projects fund, reimbursement from the 50 proceeds of notes or bonds issued by the environmental facilities corpo- 51 ration for a capital appropriation of $29,600,000 authorized by chapter 52 55 of the laws of 2008 to the department of environmental conservation 53 for payment of a portion of the state's match for federal capitalization 54 grants for the water pollution control revolving loan fund, reimburse- 55 ment from the proceeds of notes or bonds issued by the urban development 56 corporation for a capital appropriation of $141,000,000 authorized by A. 4007--B 51 1 chapter 50 of the laws of 2008 to all state departments and agencies for 2 the purchase of equipment or systems development, reimbursement from the 3 proceeds of notes or bonds issued by the urban development corporation 4 for disbursements of up to $45,500,000 from any capital appropriation or 5 reappropriation authorized by chapter 50 of the laws of 2008 to the 6 office of general services for various purposes, reimbursement from the 7 proceeds of notes or bonds issued by the environmental facilities corpo- 8 ration for a capital appropriation of $13,500,000 authorized by chapter 9 55 of the laws of 2008 to the energy research and development authority 10 for the Western New York Nuclear Service Center at West Valley, 11 reimbursement from the proceeds of notes or bonds issued by the environ- 12 mental facilities corporation for a capital appropriation of $10,000,000 13 authorized by chapter 55 of the laws of 2008 to the department of envi- 14 ronmental conservation for Onondaga lake, reimbursement from the 15 proceeds of notes or bonds issued by the environmental facilities corpo- 16 ration for disbursements of up to $12,000,000 from any capital appropri- 17 ations or reappropriations authorized by chapter 55 of the laws of 2008 18 to the department of environmental conservation for environmental 19 purposes, reimbursement from the proceeds of notes or bonds issued by 20 the urban development corporation for capital disbursements of up to 21 $3,000,000 from any capital appropriation or reappropriation authorized 22 by chapter 50 of the laws of 2008 to the division of military and naval 23 affairs for various purposes, reimbursement from the proceeds of notes 24 or bonds issued by the urban development corporation for a capital 25 appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008 26 to the office for technology for activities related to broadband 27 service, reimbursement from the proceeds of notes or bonds issued by the 28 urban development corporation for a capital appropriation of $6,000,000 29 authorized by chapter 50 of the laws of 2008 to the division of state 30 police for rehabilitation of facilities, reimbursement from the proceeds 31 of notes or bonds issued by the dormitory authority of the state of New 32 York or other financing source for a capital appropriation authorized by 33 chapter 53 of the laws of 2008 of $14,000,000 to the education depart- 34 ment for library construction, reimbursement from the proceeds of notes 35 or bonds issued by the dormitory authority of the state of New York or 36 other financing source for a capital appropriation authorized by chapter 37 53 of the laws of 2008 of $15,000,000 to the education department for 38 museum renewal projects, reimbursement from the proceeds of notes or 39 bonds issued by the urban development corporation for capital appropri- 40 ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the 41 urban development corporation for services and expenses related to the 42 investment opportunity fund, reimbursement from the proceeds of notes or 43 bonds issued by the urban development corporation for capital appropri- 44 ation of $28,000,000 authorized by chapter 53 of the laws of 2008 to the 45 urban development corporation for services and expenses related to arts 46 and cultural projects, reimbursement from the proceeds of bonds or notes 47 issued by the urban development corporation for a capital appropriation 48 of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic 49 and community development projects, reimbursement from the proceeds of 50 bonds or notes issued by the urban development corporation for a capital 51 appropriation of $30,000,000 authorized by chapter 53 of the laws of 52 2008 for New York city waterfront development projects, reimbursement 53 from the proceeds of bonds or notes issued by the urban development 54 corporation for a capital appropriation of $45,000,000 authorized by 55 chapter 53 of the laws of 2008 for Luther Forest infrastructure 56 projects, reimbursement from the proceeds of notes or bonds issued by A. 4007--B 52 1 the urban development corporation for capital appropriation of 2 $35,000,000 authorized by chapter 53 of the laws of 2008 to the urban 3 development corporation for services and expenses related to downstate 4 regional projects, reimbursement from the proceeds of notes or bonds 5 issued by the urban development corporation for capital appropriation of 6 $137,037,000 authorized by chapter 53 of the laws of 2008 to the urban 7 development corporation for services and expenses related to upstate 8 city-by-city projects, reimbursement from the proceeds of notes or bonds 9 issued by the urban development corporation for capital appropriation of 10 $35,000,000 authorized by chapter 53 of the laws of 2008 to the urban 11 development corporation for services and expenses related to the down- 12 state revitalization projects, reimbursement from the proceeds of notes 13 or bonds issued by the urban development corporation for capital appro- 14 priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to 15 the urban development corporation for services and expenses related to 16 the upstate regional blueprint fund, reimbursement from the proceeds of 17 notes or bonds issued by the urban development corporation for capital 18 appropriation of $25,000,000 authorized by chapter 53 of the laws of 19 2008 to the urban development corporation for services and expenses 20 related to the upstate agricultural economic development fund, 21 reimbursement from the proceeds of notes or bonds issued by the urban 22 development corporation for capital appropriation of $350,000,000 23 authorized by chapter 53 of the laws of 2008 to the urban development 24 corporation for services and expenses related to the New York state 25 capital assistance program, reimbursement from the proceeds of notes or 26 bonds issued by the urban development corporation for capital appropri- 27 ation of $341,332,000 authorized by chapter 53 of the laws of 2008 to 28 the urban development corporation for services and expenses related to 29 the New York state economic development assistance program, and 30 reimbursement from the proceeds of notes or bonds issued by the urban 31 development corporation for capital appropriation of $20,000,000 author- 32 ized by chapter 55 of the laws of 2008 to the urban development corpo- 33 ration for services and expenses related to the empire state economic 34 development fund. 35 S 27. Notwithstanding any other law, rule, or regulation to the 36 contrary, the comptroller is hereby authorized and directed to deposit 37 to the credit of the capital projects fund, reimbursement from the 38 proceeds of notes or bonds issued by the environmental facilities corpo- 39 ration for a capital appropriation of $29,600,000 authorized by chapter 40 55 of the laws of 2009 to the department of environmental conservation 41 for payment of a portion of the state's match for federal capitalization 42 grants for the water pollution control revolving loan fund, reimburse- 43 ment from the proceeds of notes or bonds issued by the urban development 44 corporation for a capital appropriation of $129,800,000 authorized by 45 chapter 50 of the laws of 2009 to all state departments and agencies for 46 the purchase of equipment or systems development, reimbursement from the 47 proceeds of notes or bonds issued by the urban development corporation 48 for disbursements of up to $24,000,000 from any capital appropriation or 49 reappropriation authorized by chapter 50 of the laws of 2009 to the 50 office of general services for various purposes, reimbursement from the 51 proceeds of notes or bonds issued by the environmental facilities corpo- 52 ration for a capital appropriation of $13,500,000 authorized by chapter 53 55 of the laws of 2009 to the energy research and development authority 54 for the Western New York Nuclear Service Center at West Valley, 55 reimbursement from the proceeds of notes or bonds issued by the environ- 56 mental facilities corporation for a capital appropriation of $10,000,000 A. 4007--B 53 1 authorized by chapter 55 of the laws of 2009 to the department of envi- 2 ronmental conservation for Onondaga lake, reimbursement from the 3 proceeds of notes or bonds issued by the environmental facilities corpo- 4 ration for disbursements of up to $12,000,000 from any capital appropri- 5 ations or reappropriations authorized by chapter 55 of the laws of 2009 6 to the department of environmental conservation for environmental 7 purposes, reimbursement from the proceeds of notes or bonds issued by 8 the urban development corporation for capital disbursements of up to 9 $3,000,000 from any capital appropriation or reappropriation authorized 10 by chapter 50 of the laws of 2009 to the division of military and naval 11 affairs for various purposes, reimbursement from the proceeds of notes 12 or bonds issued by the urban development corporation for a capital 13 appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009 14 to the division of state police for rehabilitation of facilities, 15 reimbursement from the proceeds of notes or bonds issued by the dormito- 16 ry authority of the state of New York or other financing source for a 17 capital appropriation authorized by chapter 53 of the laws of 2009 of 18 $14,000,000 to the state education department for library construction, 19 reimbursement from the proceeds of notes or bonds issued by the dormito- 20 ry authority of the state of New York or other financing source for a 21 capital appropriation of $4,000,000 to the state education department 22 for rehabilitation associated with the St. Regis Mohawk elementary 23 school authorized by chapter 53 of the laws of 2009 and reimbursement 24 from the proceeds of notes or bonds issued by the urban development 25 corporation for capital appropriation of $25,000,000 authorized by chap- 26 ter 55 of the laws of 2009 to the urban development corporation for 27 services and expenses related to the empire state economic development 28 fund. 29 S 28. Notwithstanding any other law, rule, or regulation to the 30 contrary, the comptroller is hereby authorized and directed to deposit 31 to the credit of the capital projects fund, reimbursement from the 32 proceeds of notes or bonds issued by the environmental facilities corpo- 33 ration for a capital appropriation of $29,600,000 authorized by chapter 34 55 of the laws of 2010 to the department of environmental conservation 35 for payment of a portion of the state's match for federal capitalization 36 grants for the water pollution control revolving loan fund, reimburse- 37 ment from the proceeds of notes or bonds issued by the urban development 38 corporation for a capital appropriation of $187,285,000 authorized by 39 chapter 50 of the laws of 2010 to all state departments and agencies for 40 the purchase of equipment or systems development, reimbursement from the 41 proceeds of notes or bonds issued by the urban development corporation 42 for disbursements of up to $26,950,000 from any capital appropriation or 43 reappropriation authorized by chapter 50 of the laws of 2010 to the 44 office of general services for various purposes, reimbursement from the 45 proceeds of notes or bonds issued by the environmental facilities corpo- 46 ration for a capital appropriation of $5,000,000 authorized by chapter 47 55 of the laws of 2010 to the department of environmental conservation 48 for Onondaga lake, reimbursement from the proceeds of notes or bonds 49 issued by the environmental facilities corporation for disbursements of 50 up to $12,000,000 from any capital appropriations or reappropriations 51 authorized by chapter 55 of the laws of 2010 to the department of envi- 52 ronmental conservation for environmental purposes, reimbursement from 53 the proceeds of notes or bonds issued by the urban development corpo- 54 ration for capital disbursements of up to $3,000,000 from any capital 55 appropriation or reappropriation authorized by chapter 50 of the laws of 56 2010 to the division of military and naval affairs for various purposes, A. 4007--B 54 1 reimbursement from the proceeds of notes or bonds issued by the urban 2 development corporation for a capital appropriation of $6,000,000 3 authorized by chapter 50 of the laws of 2010 to the division of state 4 police for rehabilitation of facilities, reimbursement from the proceeds 5 of notes or bonds issued by the dormitory authority of the state of New 6 York or other financing source for a capital appropriation of 7 $14,000,000 authorized by chapter 53 of the laws of 2010 to the state 8 education department for library construction, reimbursements from the 9 proceeds of notes or bonds issued by the dormitory authority of the 10 state of New York or other financing source for a capital appropriation 11 of $20,400,000 authorized by chapter 100 of the laws of 2010 to the 12 state education department for the longitudinal data system and 13 reimbursement from the proceeds of notes or bonds issued by the dormito- 14 ry authority of the state of New York or other financing source for a 15 capital appropriation of $42,000,000 for the state preparedness and 16 training center. 17 S 29. Notwithstanding any other law, rule, or regulation to the 18 contrary, the comptroller is hereby authorized and directed to deposit 19 to the credit of the capital projects fund, reimbursement from the 20 proceeds of notes or bonds issued by the environmental facilities corpo- 21 ration for a capital appropriation of $35,000,000 authorized by a chap- 22 ter of the laws of 2011 to the department of environmental conservation 23 for payment of a portion of the state's match for federal capitalization 24 grants for the water pollution control revolving loan fund, reimburse- 25 ment from the proceeds of notes or bonds issued by the urban development 26 corporation for a capital appropriation of $92,751,000 authorized by a 27 chapter of the laws of 2011 to all state departments and agencies for 28 the purchase of equipment or systems development, reimbursement from the 29 proceeds of notes or bonds issued by the urban development corporation 30 for disbursements of up to $40,000,000 from any capital appropriation or 31 reappropriation authorized by a chapter of the laws of 2011 to the 32 office of general services for various purposes, reimbursement from the 33 proceeds of notes or bonds issued by the environmental facilities corpo- 34 ration for disbursements of up to $12,000,000 from any capital appropri- 35 ations or reappropriations authorized by a chapter of the laws of 2011 36 to the department of environmental conservation for environmental 37 purposes, reimbursement from the proceeds of notes or bonds issued by 38 the urban development corporation for capital disbursements of up to 39 $3,000,000 from any capital appropriation or reappropriation authorized 40 by a chapter of the laws of 2011 to the division of military and naval 41 affairs for various purposes, reimbursement from the proceeds of notes 42 or bonds issued by the urban development corporation for a capital 43 appropriation of $6,000,000 authorized by a chapter of the laws of 2011 44 to the division of state police for rehabilitation of facilities, 45 reimbursement from the proceeds of notes or bonds issued by the dormito- 46 ry authority of the state of New York or other financing source for a 47 capital appropriation of $14,000,000 authorized by a chapter of the laws 48 of 2011 to the state education department for library construction. 49 S 30. Notwithstanding any other law, rule, or regulation to the 50 contrary, the comptroller is hereby authorized and directed to deposit 51 to the credit of the state university residence hall rehabilitation fund 52 (074), reimbursement from the proceeds of notes or bonds issued by the 53 dormitory authority of the state of New York for capital disbursements 54 of up to $331,000,000 from any appropriation or reappropriation author- 55 ized by a chapter of the laws of 2011. A. 4007--B 55 1 S 31. Notwithstanding any other law, rule, or regulation to the 2 contrary, the comptroller is hereby authorized and directed to deposit 3 to the credit of the capital projects fund, reimbursement from the 4 proceeds of notes or bonds issued by the dormitory authority and urban 5 development corporation for disbursements of up to $8,000,000 from an 6 appropriation authorized by chapter 50 of the laws of 2009 for drug 7 courts. 8 S 32. Notwithstanding any other law, rule, or regulation to the 9 contrary, the comptroller is hereby authorized and directed to deposit 10 to the credit of the city university special revenue fund (377), 11 reimbursement from the proceeds of notes or bonds issued by the Dormito- 12 ry Authority of the State of New York for capital disbursements of up to 13 $20,000,000 from any appropriation or reappropriation authorized by 14 chapter 53 of the laws of 2009 to the city university of New York for 15 various purposes. 16 S 33. Notwithstanding any other law, rule, or regulation to the 17 contrary, the state comptroller is hereby authorized and directed to use 18 any balance remaining in the mental health services fund debt service 19 appropriation, after payment by the state comptroller of all obligations 20 required pursuant to any lease, sublease, or other financing arrangement 21 between the dormitory authority of the state of New York as successor to 22 the New York state medical care facilities finance agency, and the 23 facilities development corporation pursuant to chapter 83 of the laws of 24 1995 and the department of mental hygiene for the purpose of making 25 payments to the dormitory authority of the state of New York for the 26 amount of the earnings for the investment of monies deposited in the 27 mental health services fund that such agency determines will or may have 28 to be rebated to the federal government pursuant to the provisions of 29 the internal revenue code of 1986, as amended, in order to enable such 30 agency to maintain the exemption from federal income taxation on the 31 interest paid to the holders of such agency's mental services facilities 32 improvement revenue bonds. On or before June 30, 2011, such agency shall 33 certify to the state comptroller its determination of the amounts 34 received in the mental health services fund as a result of the invest- 35 ment of monies deposited therein that will or may have to be rebated to 36 the federal government pursuant to the provisions of the internal reven- 37 ue code of 1986, as amended. 38 S 34. (1) Notwithstanding any other law, rule, or regulation to the 39 contrary, the state comptroller shall at the commencement of each month 40 certify to the director of the budget, the commissioner of environmental 41 conservation, the chair of the senate finance committee, and the chair 42 of the assembly ways and means committee the amounts disbursed from all 43 appropriations for hazardous waste site remediation disbursements for 44 the month preceding such certification. 45 (2) Notwithstanding any law to the contrary, prior to the issuance by 46 the comptroller of bonds authorized pursuant to subdivision a of section 47 4 of the environmental quality bond act of nineteen hundred eighty-six, 48 as enacted by chapter 511 of the laws of 1986, disbursements from all 49 appropriations for that purpose shall first be reimbursed from moneys 50 credited to the hazardous waste remedial fund, site investigation and 51 construction account, to the extent moneys are available in such 52 account. For purposes of determining moneys available in such account, 53 the commissioner of environmental conservation shall certify to the 54 comptroller the amounts required for administration of the hazardous 55 waste remedial program. A. 4007--B 56 1 (3) The comptroller is hereby authorized and directed to transfer any 2 balance above the amounts certified by the commissioner of environmental 3 conservation to reimburse disbursements pursuant to all appropriations 4 from such site investigation and construction account; provided, howev- 5 er, that if such transfers are determined by the comptroller to be 6 insufficient to assure that interest paid to holders of state obli- 7 gations issued for hazardous waste purposes pursuant to the environ- 8 mental quality bond act of nineteen hundred eighty-six, as enacted by 9 chapter 511 of the laws of 1986, is exempt from federal income taxation, 10 the comptroller is hereby authorized and directed to transfer, from such 11 site investigation and construction account to the general fund, the 12 amount necessary to redeem bonds in an amount necessary to assure the 13 continuation of such tax exempt status. Prior to the making of any such 14 transfers, the comptroller shall notify the director of the budget of 15 the amount of such transfers. 16 S 35. Subdivision 8 of section 68-b of the state finance law, as 17 amended by chapter 79 of the laws of 2010, is amended to read as 18 follows: 19 8. Revenue bonds may only be issued for authorized purposes, as 20 defined in section sixty-eight-a of this article. Notwithstanding the 21 foregoing, the dormitory authority of the state of New York and the 22 urban development corporation may issue revenue bonds for any authorized 23 purpose of any other such authorized issuer through March thirty-first, 24 two thousand [eleven] TWELVE. The authorized issuers shall not issue 25 any revenue bonds in an amount in excess of statutory authorizations for 26 such authorized purposes. Authorizations for such authorized purposes 27 shall be reduced in an amount equal to the amount of revenue bonds 28 issued for such authorized purposes under this article. Such reduction 29 shall not be made in relation to revenue bonds issued to fund reserve 30 funds, if any, and costs of issuance, if these items are not counted 31 under existing authorizations, nor shall revenue bonds issued to refund 32 bonds issued under existing authorizations reduce the amount of such 33 authorizations. 34 S 36. Subdivision 2 of section 68-a of the state finance law, as 35 amended by chapter 79 of the laws of 2010, is amended to read as 36 follows: 37 2. "Authorized purpose" for purposes of this article and section nine- 38 ty-two-z of this chapter shall mean any purposes for which state-sup- 39 ported debt, as defined by section sixty-seven-a of this chapter, may or 40 has been issued except debt for which the state is constitutionally 41 obligated thereunder to pay debt service and related expenses, and 42 except (a) as authorized in paragraph (b) of subdivision one of section 43 three hundred eighty-five of the public authorities law, (b) as author- 44 ized for the department of health of the state of New York facilities as 45 specified in paragraph a of subdivision two of section sixteen hundred 46 eighty of the public authorities law, (c) state university of New York 47 dormitory facilities as specified in subdivision eight of section 48 sixteen hundred seventy-eight of the public authorities law, and (d) as 49 authorized for mental health services facilities by section nine-a of 50 section one of chapter three hundred ninety-two of the laws of nineteen 51 hundred seventy-three constituting the New York state medical care 52 facilities financing act. Notwithstanding the provisions of clause (d) 53 of this subdivision, for the period April first, two thousand nine 54 through March thirty-first, two thousand [eleven] TWELVE, mental health 55 services facilities, as authorized by section nine-a of section one of 56 chapter three hundred ninety-two of the laws of nineteen hundred seven- A. 4007--B 57 1 ty-three constituting the New York state medical care facilities financ- 2 ing act, shall constitute an authorized purpose. 3 S 37. Section 51 of part RR of chapter 57 of the laws of 2008, provid- 4 ing for the administration of certain funds and accounts related to the 5 2008-2009 budget, as amended by chapter 48 of the laws of 2010, is 6 amended to read as follows: 7 S 51. This act shall take effect immediately and shall be deemed to 8 have been in full force and effect on and after April 1, 2008; provided, 9 however, that the amendments to subdivision 6 of section 4 and subdivi- 10 sion 4 of section 40 of the state finance law made by sections fifteen 11 and sixteen of this act shall expire on the same date such subdivisions 12 expire; and provided, further, however, that section thirty-four of this 13 act shall take effect on the same date as the reversion of section 69-c 14 of the state finance law as provided in section 58 of part T of chapter 15 57 of the laws of 2007, as amended; provided, further that such amend- 16 ments shall expire and be deemed repealed March 31, [2011] 2012; and 17 provided, further, however, that sections one, three, four, and eighteen 18 through twenty-seven of this act shall expire March 31, 2009 when upon 19 such date the provisions of such sections shall be deemed repealed; and 20 provided further that section fourteen of this act shall expire March 21 31, 2011 when upon such date the provisions of such section shall be 22 deemed repealed. 23 S 38. Subdivision 3 of section 1285-p of the public authorities law, 24 as amended by section 48 of part JJ of chapter 56 of the laws of 2010, 25 is amended to read as follows: 26 3. The maximum amount of bonds that may be issued for the purpose of 27 financing environmental infrastructure projects authorized by this 28 section shall be nine hundred [three] FIFTEEN million seven hundred 29 forty-seven thousand dollars, exclusive of bonds issued to fund any debt 30 service reserve funds, pay costs of issuance of such bonds, and bonds or 31 notes issued to refund or otherwise repay bonds or notes previously 32 issued. Such bonds and notes of the corporation shall not be a debt of 33 the state, and the state shall not be liable thereon, nor shall they be 34 payable out of any funds other than those appropriated by the state to 35 the corporation for debt service and related expenses pursuant to any 36 service contracts executed pursuant to subdivision one of this section, 37 and such bonds and notes shall contain on the face thereof a statement 38 to such effect. 39 S 39. Subdivision (a) of section 28 of part Y of chapter 61 of the 40 laws of 2005, providing for the administration of certain funds and 41 accounts related to the 2005-2006 budget, as amended by section 49 of 42 part JJ of chapter 56 of the laws of 2010, is amended to read as 43 follows: 44 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 45 notwithstanding any provisions of law to the contrary, one or more 46 authorized issuers as defined by section 68-a of the state finance law 47 are hereby authorized to issue bonds or notes in one or more series in 48 an aggregate principal amount not to exceed [$18,000,000] $21,000,000, 49 excluding bonds issued to finance one or more debt service reserve 50 funds, to pay costs of issuance of such bonds, and bonds or notes issued 51 to refund or otherwise repay such bonds or notes previously issued, for 52 the purpose of financing capital projects for public protection facili- 53 ties in the Division of Military and Naval Affairs, debt service and 54 leases; and to reimburse the state general fund for disbursements made 55 therefor. Such bonds and notes of such authorized issuer shall not be a 56 debt of the state, and the state shall not be liable thereon, nor shall A. 4007--B 58 1 they be payable out of any funds other than those appropriated by the 2 state to such authorized issuer for debt service and related expenses 3 pursuant to any service contract executed pursuant to subdivision (b) of 4 this section and such bonds and notes shall contain on the face thereof 5 a statement to such effect. Except for purposes of complying with the 6 internal revenue code, any interest income earned on bond proceeds shall 7 only be used to pay debt service on such bonds. 8 S 40. Subdivision (a) of section 48 of part K of chapter 81 of the 9 laws of 2002, providing for the administration of certain funds and 10 accounts related to the 2002-2003 budget, as amended by section 50 of 11 part JJ of chapter 56 of the laws of 2010, is amended to read as 12 follows: 13 (a) Subject to the provisions of chapter 59 of the laws of 2000 but 14 notwithstanding the provisions of section 18 of the urban development 15 corporation act, the corporation is hereby authorized to issue bonds or 16 notes in one or more series in an aggregate principal amount not to 17 exceed $67,000,000 excluding bonds issued to fund one or more debt 18 service reserve funds, to pay costs of issuance of such bonds, and bonds 19 or notes issued to refund or otherwise repay such bonds or notes previ- 20 ously issued, for the purpose of financing capital costs related to 21 homeland security and training facilities for the division of state 22 police, the division of military and naval affairs, and any other state 23 agency, including the reimbursement of any disbursements made from the 24 state capital projects fund, and is hereby authorized to issue bonds or 25 notes in one or more series in an aggregate principal amount not to 26 exceed [$165,800,000] $205,800,000, excluding bonds issued to fund one 27 or more debt service reserve funds, to pay costs of issuance of such 28 bonds, and bonds or notes issued to refund or otherwise repay such bonds 29 or notes previously issued, for the purpose of financing improvements to 30 State office buildings and other facilities located statewide, including 31 the reimbursement of any disbursements made from the state capital 32 projects fund. Such bonds and notes of the corporation shall not be a 33 debt of the state, and the state shall not be liable thereon, nor shall 34 they be payable out of any funds other than those appropriated by the 35 state to the corporation for debt service and related expenses pursuant 36 to any service contracts executed pursuant to subdivision (b) of this 37 section, and such bonds and notes shall contain on the face thereof a 38 statement to such effect. 39 S 41. Subdivision 4 of section 66-b of the state finance law, as 40 amended by section 51 of part JJ of chapter 56 of the laws of 2010, is 41 amended to read as follows: 42 4. Subject to the provisions of chapter fifty-nine of the laws of two 43 thousand, but notwithstanding any other provisions of law to the contra- 44 ry, the maximum amount of certificates of participation or similar 45 instruments representing periodic payments due from the state of New 46 York, issued on behalf of state departments and agencies, the city 47 university of New York and any other state entity otherwise specified 48 after March thirty-first, two thousand three shall be seven hundred 49 [fifty-one] EIGHTY-FOUR million two hundred eighty-five thousand 50 dollars. Such amount shall be exclusive of certificates of participation 51 or similar instruments issued to fund a reserve fund or funds, costs of 52 issuance and to refund outstanding certificates of participation. 53 S 42. Subdivision 1 of section 16 of part D of chapter 389 of the laws 54 of 1997, providing for the financing of the correctional facilities 55 improvement fund and the youth facility improvement fund, as amended by A. 4007--B 59 1 section 52 of part JJ of chapter 56 of the laws of 2010, is amended to 2 read as follows: 3 1. Subject to the provisions of chapter 59 of the laws of 2000, but 4 notwithstanding the provisions of section 18 of section 1 of chapter 174 5 of the laws of 1968, the New York state urban development corporation is 6 hereby authorized to issue bonds, notes and other obligations in an 7 aggregate principal amount not to exceed six billion [one] FOUR hundred 8 [sixty-four] NINETY million [sixty-nine] FOUR HUNDRED SIXTY-NINE thou- 9 sand dollars [$6,164,069,000] $6,490,469,000, and shall include all 10 bonds, notes and other obligations issued pursuant to chapter 56 of the 11 laws of 1983, as amended or supplemented. The proceeds of such bonds, 12 notes or other obligations shall be paid to the state, for deposit in 13 the correctional facilities capital improvement fund to pay for all or 14 any portion of the amount or amounts paid by the state from appropri- 15 ations or reappropriations made to the department [of correctional 16 services] OF CORRECTIONS AND COMMUNITY SUPERVISION from the correctional 17 facilities capital improvement fund for capital projects. The aggregate 18 amount of bonds, notes or other obligations authorized to be issued 19 pursuant to this section shall exclude bonds, notes or other obligations 20 issued to refund or otherwise repay bonds, notes or other obligations 21 theretofore issued, the proceeds of which were paid to the state for all 22 or a portion of the amounts expended by the state from appropriations or 23 reappropriations made to the department of [correctional services] 24 CORRECTIONS AND COMMUNITY SUPERVISION; provided, however, that upon any 25 such refunding or repayment the total aggregate principal amount of 26 outstanding bonds, notes or other obligations may be greater than six 27 billion [one] FOUR hundred [sixty-four] NINETY million [sixty-nine] FOUR 28 HUNDRED SIXTY-NINE thousand dollars [$6,164,069,000] $6,490,469,000, 29 only if the present value of the aggregate debt service of the refunding 30 or repayment bonds, notes or other obligations to be issued shall not 31 exceed the present value of the aggregate debt service of the bonds, 32 notes or other obligations so to be refunded or repaid. For the purposes 33 hereof, the present value of the aggregate debt service of the refunding 34 or repayment bonds, notes or other obligations and of the aggregate debt 35 service of the bonds, notes or other obligations so refunded or repaid, 36 shall be calculated by utilizing the effective interest rate of the 37 refunding or repayment bonds, notes or other obligations, which shall be 38 that rate arrived at by doubling the semi-annual interest rate 39 (compounded semi-annually) necessary to discount the debt service 40 payments on the refunding or repayment bonds, notes or other obligations 41 from the payment dates thereof to the date of issue of the refunding or 42 repayment bonds, notes or other obligations and to the price bid includ- 43 ing estimated accrued interest or proceeds received by the corporation 44 including estimated accrued interest from the sale thereof. 45 S 43. Subdivision 1 of section 17 of part D of chapter 389 of the laws 46 of 1997, providing for the financing of the correctional facilities 47 improvement fund and the youth facility improvement fund, as amended by 48 section 53 of part JJ of chapter 56 of the laws of 2010, is amended to 49 read as follows: 50 1. Subject to the provisions of chapter 59 of the laws of 2000, but 51 notwithstanding the provisions of section 18 of section 1 of chapter 174 52 of the laws of 1968, the New York state urban development corporation is 53 hereby authorized to issue bonds, notes and other obligations in an 54 aggregate principal amount not to exceed [three] FOUR hundred [seventy- 55 nine] TWENTY-NINE million five hundred fifteen thousand dollars 56 [($379,515,000)] ($429,515,000), which authorization increases the A. 4007--B 60 1 aggregate principal amount of bonds, notes and other obligations author- 2 ized by section 40 of chapter 309 of the laws of 1996, and shall include 3 all bonds, notes and other obligations issued pursuant to chapter 211 of 4 the laws of 1990, as amended or supplemented. The proceeds of such 5 bonds, notes or other obligations shall be paid to the state, for depos- 6 it in the youth facilities improvement fund, to pay for all or any 7 portion of the amount or amounts paid by the state from appropriations 8 or reappropriations made to the office of children and family services 9 from the youth facilities improvement fund for capital projects. The 10 aggregate amount of bonds, notes and other obligations authorized to be 11 issued pursuant to this section shall exclude bonds, notes or other 12 obligations issued to refund or otherwise repay bonds, notes or other 13 obligations theretofore issued, the proceeds of which were paid to the 14 state for all or a portion of the amounts expended by the state from 15 appropriations or reappropriations made to the office of children and 16 family services; provided, however, that upon any such refunding or 17 repayment the total aggregate principal amount of outstanding bonds, 18 notes or other obligations may be greater than [three] FOUR hundred 19 [seventy-nine] TWENTY-NINE million five hundred fifteen thousand dollars 20 [($379,515,000)] $429,515,000, only if the present value of the aggre- 21 gate debt service of the refunding or repayment bonds, notes or other 22 obligations to be issued shall not exceed the present value of the 23 aggregate debt service of the bonds, notes or other obligations so to be 24 refunded or repaid. For the purposes hereof, the present value of the 25 aggregate debt service of the refunding or repayment bonds, notes or 26 other obligations and of the aggregate debt service of the bonds, notes 27 or other obligations so refunded or repaid, shall be calculated by 28 utilizing the effective interest rate of the refunding or repayment 29 bonds, notes or other obligations, which shall be that rate arrived at 30 by doubling the semi-annual interest rate (compounded semi-annually) 31 necessary to discount the debt service payments on the refunding or 32 repayment bonds, notes or other obligations from the payment dates ther- 33 eof to the date of issue of the refunding or repayment bonds, notes or 34 other obligations and to the price bid including estimated accrued 35 interest or proceeds received by the corporation including estimated 36 accrued interest from the sale thereof. 37 S 44. Paragraph (a) of subdivision 2 of section 47-e of the private 38 housing finance law, as amended by section 54 of part JJ of chapter 56 39 of the laws of 2010, is amended to read as follows: 40 (a) Subject to the provisions of chapter fifty-nine of the laws of two 41 thousand, in order to enhance and encourage the promotion of housing 42 programs and thereby achieve the stated purposes and objectives of such 43 housing programs, the agency shall have the power and is hereby author- 44 ized from time to time to issue negotiable housing program bonds and 45 notes in such principal amount as shall be necessary to provide suffi- 46 cient funds for the repayment of amounts disbursed (and not previously 47 reimbursed) pursuant to law or any prior year making capital appropri- 48 ations or reappropriations for the purposes of the housing program; 49 provided, however, that the agency may issue such bonds and notes in an 50 aggregate principal amount not exceeding two billion [five] SIX hundred 51 [thirty-two] THIRTY-SIX million [two] FOUR hundred ninety-nine thousand 52 dollars, plus a principal amount of bonds issued to fund the debt 53 service reserve fund in accordance with the debt service reserve fund 54 requirement established by the agency and to fund any other reserves 55 that the agency reasonably deems necessary for the security or marketa- 56 bility of such bonds and to provide for the payment of fees and other A. 4007--B 61 1 charges and expenses, including underwriters' discount, trustee and 2 rating agency fees, bond insurance, credit enhancement and liquidity 3 enhancement related to the issuance of such bonds and notes. No reserve 4 fund securing the housing program bonds shall be entitled or eligible to 5 receive state funds apportioned or appropriated to maintain or restore 6 such reserve fund at or to a particular level, except to the extent of 7 any deficiency resulting directly or indirectly from a failure of the 8 state to appropriate or pay the agreed amount under any of the contracts 9 provided for in subdivision four of this section. 10 S 45. Paragraph j of subdivision 2 of section 1680 of the public 11 authorities law, as amended by section 37 of part PP of chapter 56 of 12 the laws of 2009, is amended to read as follows: 13 j. Subject to the provisions of chapter fifty-nine of the laws of two 14 thousand, the maximum amount of bonds and notes to be issued after March 15 thirty-first, two thousand two for a housing unit for the use of 16 students at a state-operated institution or statutory or contract 17 college under the jurisdiction of the state university of New York shall 18 be one billion [two] FIVE hundred [thirty] SIXTY-ONE million dollars. 19 Such amount shall be exclusive of bonds and notes issued to fund any 20 reserve fund or funds, costs of issuance, and to refund any outstanding 21 bonds and notes relating to a housing unit under the jurisdiction of the 22 state university of New York. 23 S 46. Subdivision (b) of section 11 of chapter 329 of the laws of 24 1991, amending the state finance law and other laws relating to the 25 establishment of the dedicated highway and bridge trust fund, as amended 26 by section 2 of part C of chapter 109 of the laws of 2010, is amended to 27 read as follows: 28 (b) Any service contract or contracts for projects authorized pursuant 29 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 30 14-k of the transportation law, and entered into pursuant to subdivision 31 (a) of this section, shall provide for state commitments to provide 32 annually to the thruway authority a sum or sums, upon such terms and 33 conditions as shall be deemed appropriate by the director of the budget, 34 to fund, or fund the debt service requirements of any bonds or any obli- 35 gations of the thruway authority issued to fund such projects having a 36 cost not in excess of [$6,286,660,000] $6,695,169,000 cumulatively by 37 the end of fiscal year [2010-2011] 2011-12. 38 S 47. Intentionally omitted. 39 S 48. Intentionally omitted. 40 S 49. Subdivision 1 of section 1689-i of the public authorities law, 41 as amended by section 46 of part JJ of chapter 56 of the laws of 2010, 42 is amended to read as follows: 43 1. The dormitory authority is authorized to issue bonds, at the 44 request of the commissioner of education, to finance eligible library 45 construction projects pursuant to section two hundred seventy-three-a of 46 the education law, in amounts certified by such commissioner not to 47 exceed a total principal amount of [seventy] EIGHTY-FOUR million 48 dollars. 49 S 50. Intentionally omitted. 50 S 51. Intentionally omitted. 51 S 52. Intentionally omitted. 52 S 53. Intentionally omitted. 53 S 54. Intentionally omitted. 54 S 55. Intentionally omitted. 55 S 56. Intentionally omitted. 56 S 57. Intentionally omitted. A. 4007--B 62 1 S 58. Intentionally omitted. 2 S 58-a. Paragraph (a) of section 55 of part JJ of chapter 56 of the 3 laws of 2010, relating to providing for the administration of certain 4 funds and accounts related to the 2010-2011 budget, is amended to read 5 as follows: 6 (a) section forty-two of this act shall be deemed to have been in full 7 force and effect on and after April 1, [2008] 2007; 8 S 59. This act shall take effect immediately and shall be deemed to 9 have been in full force and effect on and after April 1, 2011; provided 10 further that sections one through fourteen-a and sections eighteen 11 through twenty-eight of this act shall expire March 31, 2012, when upon 12 such date, the provisions of such sections shall be deemed repealed; 13 provided further that the amendments to subdivision 5 of section 97-rrr 14 of the state finance law made by section sixteen of this act shall not 15 affect the expiration of such subdivision and shall expire therewith. 16 PART O 17 Intentionally omitted. 18 PART P 19 Section 1. Notwithstanding any other law, the State University Down- 20 state Medical Center may create a not-for-profit corporation of which 21 the State University Downstate Medical Center is the sole member, that 22 will acquire the medical facilities owned by the Long Island College 23 Hospital in exchange for the assumption by such not-for-profit corpo- 24 ration of certain obligations of the Long Island College Hospital, 25 including debt obligations to the Dormitory Authority, and such other 26 consideration as may be mutually agreed to; and the State University 27 Downstate Medical Center may enter into a long-term lease with such 28 not-for-profit corporation for the facilities acquired by such not-for- 29 profit corporation from the Long Island College Hospital, on such terms 30 and conditions as shall be agreed to between the State University Down- 31 state Medical Center and such not-for-profit corporation, including 32 provisions for the payment of lease payments sufficient to fund the debt 33 obligations acquired by such not-for-profit corporation, subject to the 34 approval of the comptroller, the attorney general and the director of 35 the budget. 36 S 2. This act shall take effect immediately. 37 PART Q 38 Section 1. Section 13 of chapter 141 of the laws of 1994, amending the 39 legislative law and the state finance law relating to the operation and 40 administration of the legislature, as amended by section 2 of part QQ of 41 chapter 56 of the laws of 2010, is amended to read as follows: 42 S 13. This act shall take effect immediately and shall be deemed to 43 have been in full force and effect as of April 1, 1994, provided that, 44 the provisions of section 5-a of the legislative law as amended by 45 sections two and two-a of this act shall take effect on January 1, 1995, 46 and provided further that, the provisions of article 5-A of the legisla- 47 tive law as added by section eight of this act shall expire June 30, 48 [2011] 2012 when upon such date the provisions of such article shall be 49 deemed repealed; and provided further that section twelve of this act A. 4007--B 63 1 shall be deemed to have been in full force and effect on and after April 2 10, 1994. 3 S 2. This act shall take effect immediately, provided, however, if 4 section two of this act shall take effect on or after June 30, 2011 5 section two of this act shall be deemed to have been in full force and 6 effect on and after June 30, 2011. 7 S 2. Severability clause. If any clause, sentence, paragraph, subdivi- 8 sion, section or part of this act shall be adjudged by any court of 9 competent jurisdiction to be invalid, such judgment shall not affect, 10 impair, or invalidate the remainder thereof, but shall be confined in 11 its operation to the clause, sentence, paragraph, subdivision, section 12 or part thereof directly involved in the controversy in which such judg- 13 ment shall have been rendered. It is hereby declared to be the intent of 14 the legislature that this act would have been enacted even if such 15 invalid provisions had not been included herein. 16 S 3. This act shall take effect immediately provided, however, that 17 the applicable effective date of Parts A through Q of this act shall be 18 as specifically set forth in the last section of such Parts.

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