This bill has been amended

Bill S2807-2011

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Extends numerous provisions of law that were set to expire and be repealed, but that were otherwise necessary for the fiscal stability of the state and the health and safety of its citizens; authorizes the governor to close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

  • Feb 1, 2011: REFERRED TO FINANCE

Memo

BILL NUMBER:S2807

TITLE OF BILL:

An act to amend chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, in relation to extending the expiration of such chapter; to amend chapter 428 of the laws of 1999, amending the executive law and the criminal procedure law relating to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to extending the expiration of such chapter; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, in relation to extending the expiration of such chapter; to amend chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to extending the expiration of such chapter; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, in relation to extending the expiration of such chapter; to amend chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarceration fee, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; to amend the vehicle and traffic law, in relation to extending the expiration of the mandatory surcharge and victim assistance fee; to amend chapter 713 of the laws of 1988, amending the vehicle and traffic law relating to the ignition interlock device program, in relation to extending the expiration thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and the penal law of such chapter; to amend chapter 412 of the laws

of 1999, amending the civil practice law and rules and the court of claims act relating to prisoner litigation reform, in relation to extending the expiration of the inmate filing fee provisions of the civil practice law and rules and general filing fee provision and inmate property claims exhaustion requirement of the court of claims act of such chapter; to amend chapter 222 of the laws of 1994 constituting the family protection and domestic violence intervention act of 1994, in relation to extending the expiration of certain provisions of the criminal procedure law requiring the arrest of certain persons engaged in family violence; to amend chapter 505 of the laws of 1985, amending the criminal procedure law relating to the use of closed-circuit television and other protective measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 688 of the laws of 2003, amending the executive law relating to enacting the interstate compact for adult offender supervision, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 3 of the laws of 1995, enacting the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 689 of the laws of 1993 amending the criminal procedure law relating to electronic court appearance in certain counties, in relation to extending the effective date thereof (Part A); to amend chapter 503 of the laws of 2009 relating to the disposition of certain monies recovered by county district attorneys before the filing of an accusatory instrument, in relation thereto and the effective date thereof (Part B); to amend the correction law, in relation to the closure of correctional facilities (Part C); to amend the tax law, in relation to eliminating certain allowable uses of revenue generated by the cellular surcharge (Part D); to amend the executive law and the alcoholic beverage control law, in relation to removing the salary provision for state liquor authority commissioners, other than the chairman (Part E); to amend the election law, in relation to eliminating certain publishing requirements by state and local boards of election and to repeal certain provisions of the election law relating thereto (Part F); to amend the workers' compensation law, in relation to self-insurers; and to repeal certain provisions of such law relating thereto (Part G); to amend the executive law and the civil service law, in relation to removing the salary provision for civil service commissioners other than the president (Part H); to amend the state finance law, in relation to aid and incentives for municipalities (Part I); to amend the state finance law, in relation to a program of aid to municipalities in which a video lottery terminal facility is located (Part J); to amend the state finance law, in relation to creating citizen empowerment tax credits, local government citizens re-organization empowerment grants and the local government performance and efficiency

program, and streamlining the local government efficiency grant program (Part K); to amend chapter 774 of the laws of 1989 amending the real property tax law relating to certain state lands subject to taxation, in relation to clarifying the state's obligation to make payments with respect to certain lands (Part L); to amend the state finance law, in relation to reappropriation bills (Part M); to provide for the administration of certain funds and accounts related to the 2011-2012 budget; to authorize certain payments and transfers; to amend the state finance law, in relation to the school tax relief fund; to amend the state finance law, in relation to the issuance of revenue bonds and in relation to mental health service facilities financing; to amend chapter 57 of the laws of 2008, providing for the administration of certain funds and accounts related to the 2008-2009 budget, in relation to effectiveness of certain provisions thereof; to amend the public authorities law, in relation to environmental infrastructure projects; to amend chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, chapter 81 of the laws of 2002, providing for the administration of certain funds and accounts related to the 2002-2003 budget, chapter 389 of the laws of 1997, providing for the financing of the correctional facilities improvement fund and the youth facility improvement fund, chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund; to amend the state finance law, in relation to certificates of participation; to amend the private housing finance law, in relation to housing program bonds and notes; to amend the public authorities law, in relation to the issuance of bonds by the dormitory authority and the New York state environmental facilities corporation; to repeal subdivision (b) of section 19-a of part PP of chapter 56 of the laws of 2009, providing funding for certain community projects, relating to increasing such funding, relating to certain monetary transfers; to amend the public authorities law, in relation to voting of directors of local government assistance corporation; to amend the public authorities law, in relation to library construction; to amend the state finance law, in relation to community enhancement facilities projects, to amend chapter 432 of the laws of 1997, amending the state finance law and other laws relating to the issuance of bonds or notes for community enhancement facilities projects, in relation to the amount of bonds issued for community enhancement projects; to amend chapter 84 of the laws of 2002, relating to authorizing the New York state urban development corporation and the dormitory authority of the state of New York to issue bonds or notes for the purpose of financing certain project costs, in relation to providing for the administration of certain funds and accounts related to the 2002-2003 budget; to amend chapter 3 of the laws of 2004, relating to authorizing the New York state urban development corporation and the dormitory authority of the state of New York to

issue bonds or notes, in relation to bonds or notes; to amend chapter 59 of the laws of 2004, relating to authorizing the New York state urban development corporation and the dormitory authority of the state of New York to issue bonds or notes, in relation to bonds or notes; to amend chapter 59 of the laws of 2005, relating to the urban development corporation bonding authority, in relation to the issuance of bonds by the dormitory authority and the New York state urban development corporation; to amend chapter 161 of the laws of 2005, amending the education law and other laws relating to issuance of bonds or notes, in relation to the issuance of bonds by the dormitory authority and the New York state urban development corporation; to amend chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, in relation to financing economic development and regional initiatives and in relation to the issuance of bonds or notes for the purpose of funding project costs for regional economic development council initiatives, communities impacted by the closure of New York state prison and correctional facilities and other states' costs associated with such projects; to amend part JJ of chapter 56 of the laws of 2010, relating to providing for the administration of certain funds and accounts related to the 2010-2011 budget, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expiration thereof (Part N); and to repeal section 99-d of the state finance law, relating to community projects fund (Part O)

PURPOSE:

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

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

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

PURPOSE:

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

This bill takes effect immediately.

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

PURPOSE:

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

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

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

This bill takes effect immediately.

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

PURPOSE:

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

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

This bill takes effect immediately

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

PURPOSE:

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

This bill takes effect immediately.

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

PURPOSE:

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

This bill takes effect immediately.

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

PURPOSE:

This bill eliminates obsolete election law printing and publication requirements.

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

This bill takes effect immediately.

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

PURPOSE:

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

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

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

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

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

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

PURPOSE:

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

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

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

PURPOSE:

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

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

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

PURPOSE:

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

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

This bill takes effect immediately.

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

PURPOSE:

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

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

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

PURPOSE:

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

This bill takes effect immediately.

Part M - Lapse aged State and local reappropriations.

PURPOSE:

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

This bill takes effect April 1, 2012.

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

PURPOSE:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

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

Part 0 - Repeal the Community Projects Fund.

PURPOSE:

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

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

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

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

BUDGET IMPLICATIONS:

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

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

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

EFFECTIVE DATE:

This bill takes effect September 16, 2011.

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


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STATE OF NEW YORK ________________________________________________________________________ S. 2807 A. 4007 S E N A T E - A S S E M B L Y February 1, 2011 ___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, in relation to extending the expiration of such chapter; to amend chapter 428 of the laws of 1999, amending the executive law and the criminal proce- dure law relating to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to extending the expiration of such chapter; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, in relation to extending the expiration of such chapter; to amend chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and fund- ing, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to extending the expiration of such chapter; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for commu- nity treatment facilities and establishing the crime of absconding from the community treatment facility, in relation to extending the expiration of such chapter; to amend chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarcera- tion fee, in relation to extending the expiration of certain EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12570-01-1 S. 2807 2 A. 4007 provisions of such chapter; to amend chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; to amend the vehicle and traffic law, in relation to extending the expiration of the mandatory surcharge and victim assist- ance fee; to amend chapter 713 of the laws of 1988, amending the vehi- cle and traffic law relating to the ignition interlock device program, in relation to extending the expiration thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and the penal law of such chapter; to amend chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prison- er litigation reform, in relation to extending the expiration of the inmate filing fee provisions of the civil practice law and rules and general filing fee provision and inmate property claims exhaustion requirement of the court of claims act of such chapter; to amend chap- ter 222 of the laws of 1994 constituting the family protection and domestic violence intervention act of 1994, in relation to extending the expiration of certain provisions of the criminal procedure law requiring the arrest of certain persons engaged in family violence; to amend chapter 505 of the laws of 1985, amending the criminal procedure law relating to the use of closed-circuit television and other protec- tive measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 688 of the laws of 2003, amending the executive law relating to enacting the interstate compact for adult offender supervision, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 3 of the laws of 1995, enacting the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 689 of the laws of 1993 amending the criminal procedure law relating to electronic court appearance in certain counties, in relation to extending the effective date thereof (Part A); to amend chapter 503 of the laws of 2009 relat- ing to the disposition of certain monies recovered by county district attorneys before the filing of an accusatory instrument, in relation thereto and the effective date thereof (Part B); to amend the correction law, in relation to the closure of correctional facilities (Part C); to amend the tax law, in relation to eliminating certain allowable uses of revenue generated by the cellular surcharge (Part D); to amend the executive law and the alcoholic beverage control law, in relation to removing the salary provision for state liquor authority commissioners, other than the chairman (Part E); to amend the election law, in relation to eliminating certain publishing requirements by state and local boards of election and to repeal certain provisions of the election law relating thereto (Part F); to amend the workers' compensation law, in relation to self-insurers; and to repeal certain provisions of such law relating thereto (Part G); to amend the executive law and the civil service law, in relation to removing the salary provision for civil service commissioners other than the president (Part H); to amend the state finance law, in relation to aid and incentives for municipalities (Part I); to amend S. 2807 3 A. 4007 the state finance law, in relation to a program of aid to munici- palities in which a video lottery terminal facility is located (Part J); to amend the state finance law, in relation to creating citizen empowerment tax credits, local government citizens re-organization empowerment grants and the local government performance and efficiency program, and streamlining the local government efficiency grant program (Part K); to amend chapter 774 of the laws of 1989 amending the real property tax law relating to certain state lands subject to taxation, in relation to clarifying the state's obligation to make payments with respect to certain lands (Part L); to amend the state finance law, in relation to reappropriation bills (Part M); to provide for the administration of certain funds and accounts related to the 2011-2012 budget; to authorize certain payments and transfers; to amend the state finance law, in relation to the school tax relief fund; to amend the state finance law, in relation to the issuance of revenue bonds and in relation to mental health service facilities financing; to amend chapter 57 of the laws of 2008, providing for the administration of certain funds and accounts related to the 2008-2009 budget, in relation to effectiveness of certain provisions thereof; to amend the public authorities law, in relation to environmental infras- tructure projects; to amend chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, chapter 81 of the laws of 2002, providing for the administration of certain funds and accounts related to the 2002-2003 budget, chapter 389 of the laws of 1997, providing for the financing of the correctional facilities improvement fund and the youth facility improvement fund, chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedi- cated highway and bridge trust fund; to amend the state finance law, in relation to certificates of participation; to amend the private housing finance law, in relation to housing program bonds and notes; to amend the public authorities law, in relation to the issuance of bonds by the dormitory authority and the New York state environmental facilities corporation; to repeal subdivision (b) of section 19-a of part PP of chapter 56 of the laws of 2009, providing funding for certain community projects, relating to increasing such funding, relating to certain monetary transfers; to amend the public authori- ties law, in relation to voting of directors of local government assistance corporation; to amend the public authorities law, in relation to library construction; to amend the state finance law, in relation to community enhancement facilities projects, to amend chap- ter 432 of the laws of 1997, amending the state finance law and other laws relating to the issuance of bonds or notes for community enhance- ment facilities projects, in relation to the amount of bonds issued for community enhancement projects; to amend chapter 84 of the laws of 2002, relating to authorizing the New York state urban development corporation and the dormitory authority of the state of New York to issue bonds or notes for the purpose of financing certain project costs, in relation to providing for the administration of certain funds and accounts related to the 2002-2003 budget; to amend chapter 3 of the laws of 2004, relating to authorizing the New York state urban development corporation and the dormitory authority of the state of New York to issue bonds or notes, in relation to bonds or notes; to amend chapter 59 of the laws of 2004, relating to authorizing the New York state urban development corporation and the dormitory authority of the state of New York to issue bonds or notes, in relation to bonds S. 2807 4 A. 4007 or notes; to amend chapter 59 of the laws of 2005, relating to the urban development corporation bonding authority, in relation to the issuance of bonds by the dormitory authority and the New York state urban development corporation; to amend chapter 161 of the laws of 2005, amending the education law and other laws relating to issuance of bonds or notes, in relation to the issuance of bonds by the dormi- tory authority and the New York state urban development corporation; to amend chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, in relation to financing economic development and regional initiatives and in relation to the issuance of bonds or notes for the purpose of funding project costs for regional economic development council initiatives, communities impacted by the closure of New York state prison and correctional facilities and other states' costs associated with such projects; to amend part JJ of chapter 56 of the laws of 2010, relating to providing for the administration of certain funds and accounts related to the 2010-2011 budget, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expiration thereof (Part N); and to repeal section 99-d of the state finance law, relat- ing to community projects fund (Part O) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2011-2012 state fiscal year. Each component is wholly contained within a Part identified as Parts A through O. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Section 2 of chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, as amended by section 1 of part U of chapter 56 of the laws of 2009, is amended to read as follows: S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall remain in effect until September 1, [2011] 2014. S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- tive law and the criminal procedure law relating to expanding the geographic area of employment of certain police officers, as amended by section 2 of part U of chapter 56 of the laws of 2009, is amended to read as follows: S 3. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law, and shall remain in effect until the first day of September, [2011] 2014, when it shall expire and be deemed repealed.
S 3. Section 3 of chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, as amended by section 3 of part U of chapter 56 of the laws of 2009, is amended to read as follows: S 3. This act shall take effect 60 days after it shall have become a law and shall remain in effect until September 1, [2011] 2014. S 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, as amended by section 4 of part U of chapter 56 of the laws of 2009, is amended to read as follows: S 20. This act shall take effect immediately except that section thir- teen of this act shall expire and be of no further force or effect on and after September 1, [2011] 2014 and shall not apply to persons committed to the custody of the department after such date, and provided further that the commissioner of correctional services shall report each January first and July first during such time as the earned eligibility program is in effect, to the chairmen of the senate crime victims, crime and correction committee, the senate codes committee, the assembly correction committee, and the assembly codes committee, the standards in effect for earned eligibility during the prior six-month period, the number of inmates subject to the provisions of earned eligibility, the number who actually received certificates of earned eligibility during that period of time, the number of inmates with certificates who are granted parole upon their first consideration for parole, the number with certificates who are denied parole upon their first consideration, and the number of individuals granted and denied parole who did not have earned eligibility certificates. S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, as amended by section 5 of part U of chapter 56 of the laws of 2009, is amended to read as follows: (q) the provisions of section two hundred eighty-four of this act shall remain in effect until September 1, [2011] 2014 and be applicable to all persons entering the program on or before August 31, [2011] 2014. S 6. Section 10 of chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, as amended by section 6 of part U of chapter 56 of the laws of 2009, is amended to read as follows: S 10. This act shall take effect 30 days after it shall have become a law and shall remain in effect until September 1, [2011] 2014, and provided further that the commissioner of correctional services shall report each January first, and July first, to the chairman of the senate crime victims, crime and correction committee, the senate codes commit- tee, the assembly correction committee, and the assembly codes commit- tee, the number of eligible inmates in each facility under the custody and control of the commissioner who have applied for participation in any program offered under the provisions of work release, furlough, or leave, and the number of such inmates who have been approved for partic- ipation. S 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, as amended by section 7 of part U of chapter 56 of the laws of 2009, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem- ber 1, [2011] 2014; provided, that the provisions of section forty-two of this act shall apply to inmates entering the work release program on or after such effective date; and S 8. Section 5 of chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, as amended by section 8 of part U of chap- ter 56 of the laws of 2009, is amended to read as follows: S 5. This act shall take effect immediately and shall remain in full force and effect until September 1, [2011] 2014, and provided further that the commissioner of correctional services shall report each January first and July first during such time as this legislation is in effect, to the chairmen of the senate crime victims, crime and correction committee, the senate codes committee, the assembly correction commit- tee, and the assembly codes committee, the number of individuals who are released to community treatment facilities during the previous six-month period, including the total number for each date at each facility who are not residing within the facility, but who are required to report to the facility on a daily or less frequent basis. S 9. Subdivision h of section 74 of chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarceration fee, as amended by section 9 of part U of chapter 56 of the laws of 2009, is amended to read as follows: h. Section fifty-two of this act shall be deemed to have been in full force and effect on and after April 1, 1995; provided, however, that the provisions of section 189 of the correction law, as amended by section fifty-five of this act, subdivision 5 of section 60.35 of the penal law, as amended by section fifty-six of this act, and section fifty-seven of this act shall expire September 1, [2011] 2014, when upon such date the amendments to the correction law and penal law made by sections fifty- five and fifty-six of this act shall revert to and be read as if the provisions of this act had not been enacted; provided, however, that sections sixty-two, sixty-three and sixty-four of this act shall be deemed to have been in full force and effect on and after March 1, 1995 and shall be deemed repealed April 1, 1996 and upon such date the provisions of subsection (e) of section 9110 of the insurance law and subdivision 2 of section 89-d of the state finance law shall revert to and be read as set out in law on the date immediately preceding the effective date of sections sixty-two and sixty-three of this act; S 10. Subdivision (z) of section 427 of chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, as amended by section 10 of part U of chapter 56 of the laws of 2009, is amended to read as follows: (z) the provisions of section three hundred eighty-one of this act shall apply to all persons supervised by the [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION on or after the effective date of this act, provided however, that subdivision 9 of section 259-a of the executive law, as added by section three hundred eighty-one of this act, shall expire on September 1, [2011] 2014; S 11. Subdivision (aa) of section 427 of chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, as amended by section 11 of part U of chapter 56 of the laws of 2009, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three hundred eighty-three and three hundred eighty-four of this act shall expire on September 1, [2011] 2014; S 12. Section 12 of chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, as amended by section 12 of part U of chap- ter 56 of the laws of 2009, is amended to read as follows: S 12. This act shall take effect immediately, except that the provisions of sections one through ten of this act shall remain in full force and effect until September 1, [2011] 2014 on which date those provisions shall be deemed to be repealed. S 13. Subdivision (p) of section 406 of chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, as amended by section 13 of part U of chapter 56 of the laws of 2009, is amended to read as follows: (p) The amendments to section 1809 of the vehicle and traffic law made by sections three hundred thirty-seven and three hundred thirty-eight of this act shall not apply to any offense committed prior to such effec- tive date; provided, further, that section three hundred forty-one of this act shall take effect immediately and shall expire November 1, 1993 at which time it shall be deemed repealed; sections three hundred forty-five and three hundred forty-six of this act shall take effect July 1, 1991; sections three hundred fifty-five, three hundred fifty- six, three hundred fifty-seven and three hundred fifty-nine of this act shall take effect immediately and shall expire June 30, 1995 and shall revert to and be read as if this act had not been enacted; section three hundred fifty-eight of this act shall take effect immediately and shall expire June 30, 1998 and shall revert to and be read as if this act had not been enacted; section three hundred sixty-four through three hundred sixty-seven of this act shall apply to claims filed on or after such effective date; sections three hundred sixty-nine, three hundred seven- ty-two, three hundred seventy-three, three hundred seventy-four, three hundred seventy-five and three hundred seventy-six of this act shall remain in effect until September 1, [2011] 2014, at which time they shall be deemed repealed; provided, however, that the mandatory surcharge provided in section three hundred seventy-four of this act shall apply to parking violations occurring on or after said effective date; and provided further that the amendments made to section 235 of the vehicle and traffic law by section three hundred seventy-two of this act, the amendments made to section 1809 of the vehicle and traffic law by sections three hundred thirty-seven and three hundred thirty-eight of this act and the amendments made to section 215-a of the labor law by section three hundred seventy-five of this act shall expire on September 1, [2011] 2014 and upon such date the provisions of such subdivisions and sections shall revert to and be read as if the provisions of this act had not been enacted; the amendments to subdivisions 2 and 3 of section 400.05 of the penal law made by sections three hundred seventy- seven and three hundred seventy-eight of this act shall expire on July 1, 1992 and upon such date the provisions of such subdivisions shall revert and shall be read as if the provisions of this act had not been enacted; the state board of law examiners shall take such action as is necessary to assure that all applicants for examination for admission to practice as an attorney and counsellor at law shall pay the increased examination fee provided for by the amendment made to section 465 of the judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding that an applicant for such examination may have prepaid a lesser fee for such examination as required by the provisions of such section 465 as of the date prior to the effective date of this act; the provisions of section 306-a of the civil practice law and rules as added by section three hundred eighty-one of this act shall apply to all actions pending on or commenced on or after September 1, 1991, provided, however, that for the purposes of this section service of such summons made prior to such date shall be deemed to have been completed on September 1, 1991; the provisions of section three hundred eighty-three of this act shall apply to all money deposited in connection with a cash bail or a partially secured bail bond on or after such effective date; and the provisions of sections three hundred eighty-four and three hundred eighty-five of this act shall apply only to jury service commenced during a judicial term beginning on or after the effective date of this act; provided, however, that nothing contained herein shall be deemed to affect the application, qualification, expiration or repeal of any provision of law amended by any section of this act and such provisions shall be applied or qualified or shall expire or be deemed repealed in the same manner, to the same extent and on the same date as the case may be as otherwise provided by law; S 14. Subdivision 8 of section 1809 of the vehicle and traffic law, as amended by section 14 of part U of chapter 56 of the laws of 2009, is amended to read as follows: 8. The provisions of this section shall only apply to offenses commit- ted on or before September first, two thousand [eleven] FOURTEEN. S 15. Section 6 of chapter 713 of the laws of 1988, amending the vehi- cle and traffic law relating to the ignition interlock device program, as amended by section 15 of part U of chapter 56 of the laws of 2009, is amended to read as follows: S 6. This act shall take effect on the first day of April next succeeding the date on which it shall have become a law; provided, however, that effective immediately, the addition, amendment or repeal of any rule or regulation necessary for the implementation of the fore- going sections of this act on their effective date is authorized and directed to be made and completed on or before such effective date and shall remain in full force and effect until the first day of September, [2011] 2014 when upon such date the provisions of this act shall be deemed repealed. S 16. Paragraph a of subdivision 6 of section 76 of chapter 435 of the laws of 1997, amending the military law and other laws relating to vari- ous provisions, as amended by section 16 of part U of chapter 56 of the laws of 2009, is amended to read as follows: a. sections forty-three through forty-five of this act shall expire and be deemed repealed on September 1, [2011] 2014; S 17. Section 4 of part D of chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prisoner litigation reform, as amended by section 17 of part U of chap- ter 56 of the laws of 2009, is amended to read as follows: S 4. This act shall take effect 120 days after it shall have become a law and shall remain in full force and effect until September 1, [2011] 2014, when upon such date it shall expire. S 18. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, constituting the family protection and domestic violence intervention act of 1994, as amended by section 18 of part U of chapter 56 of the laws of 2009, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as added by section thirty-two of this act shall take effect January 1, 1996 and shall expire and be deemed repealed on September 1, [2011] 2014. S 19. Section 5 of chapter 505 of the laws of 1985, amending the crim- inal procedure law relating to the use of closed-circuit television and other protective measures for certain child witnesses, as amended by section 19 of part U of chapter 56 of the laws of 2009, is amended to read as follows: S 5. This act shall take effect immediately and shall apply to all criminal actions and proceedings commenced prior to the effective date of this act but still pending on such date as well as all criminal actions and proceedings commenced on or after such effective date and its provisions shall expire on September 1, [2011] 2014, when upon such date the provisions of this act shall be deemed repealed. S 20. Subdivision d of section 74 of chapter 3 of the laws of 1995, enacting the sentencing reform act of 1995, as amended by section 21 of part U of chapter 56 of the laws of 2009, is amended to read as follows: d. Sections one-a through twenty, twenty-four through twenty-eight, thirty through thirty-nine, forty-two and forty-four of this act shall be deemed repealed on September 1, [2011] 2014; S 21. Section 2 of chapter 689 of the laws of 1993 amending the crimi- nal procedure law relating to electronic court appearance in certain counties, as amended by section 23 of part U of chapter 56 of the laws of 2009, is amended to read as follows: S 2. This act shall take effect immediately, except that the provisions of this act shall be deemed to have been in full force and effect since July 1, 1992 and the provisions of this act shall expire September 1, [2011] 2014 when upon such date the provisions of this act shall be deemed repealed. S 22. This act shall take effect immediately. PART B Section 1. Sections 1 and 2 of part H of chapter 503 of the laws of 2009 relating to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument, as amended by section 1 of part KK of chapter 56 of the laws of 2010, are amended to read as follows: Section 1. When a county district attorney of a county located in a city of one million or more recovers monies before the filing of an accusatory instrument as defined in subdivision 1 of section 1.20 of the criminal procedure law, after injured parties have been appropriately compensated, the district attorney's office shall retain a percentage of the remaining such monies in recognition that such monies were recovered as a result of investigations undertaken by such office. [The] FOR EACH RECOVERY THE total amount of such monies to be retained by the county district attorney's office shall equal ten percent of the first twenty- five million dollars received by such office [during the state fiscal year], plus seven and one-half percent of such monies received by such office in excess of twenty-five million dollars but less than fifty million dollars, plus five percent of any such monies received by such office in excess of fifty million dollars but less than one hundred million dollars, plus one percent of such monies received by such office in excess of one hundred million dollars. The remainder of such monies shall be paid by the district attorney's office to the state and to the
county in equal amounts within thirty days of receipt, where disposition of such monies is not otherwise prescribed by law. Monies distributed to a county district attorney's office pursuant to this section shall be used to enhance law enforcement efforts [and shall not supplant funds for ordinary budgetary costs including salaries of personnel and expenses of district attorneys]. S 2. This act shall take effect immediately [and shall remain in full force and effect until the last day of March, 2011, when it shall expire and be deemed repealed]. S 2. This act shall take effect immediately. PART C Section 1. Section 79-a of the correction law, as amended by section 1 of part H of chapter 56 of the laws of 2009, is amended to read as follows: S 79-a. Closure of correctional facilities[; notice]. Before the closure of any correctional facility,[,] for reasons other than those set forth in paragraph (a) of subdivision eight of section forty-five of this chapter, the commissioner shall [take the following actions: 1.] confer with the department of civil service, the governor's office of employee relations and any other appropriate state agencies to devel- op strategies which attempt to minimize the impact of the closure on the state work force[; 2. consult with the department of economic development and any other appropriate state agencies to develop strategies which attempt to mini- mize the impact of such closures on the local and regional economies; and 3. provide notice by certified mail to (i) all local governments of any political subdivision in which the correctional facility is located, (ii) all employee labor organizations operating within, or representing employees of, the correctional facility, and (iii) managerial and confi- dential employees employed within the correctional facility at least twelve months prior to any such closure]. S 2. Section 79-b of the correction law, as amended by section 1 of part MM of chapter 56 of the laws of 2010, is amended to read as follows: S 79-b. [Adaptive reuse plan for consideration prior to prison closure] ECONOMIC TRANSFORMATION PROGRAM. Not later than six months [prior to the effective date of] AFTER THE closure of a correctional facility, the [commissioner of economic development] CHAIRMAN OF THE URBAN DEVELOPMENT CORPORATION shall[,] SUBMIT A PLAN DEVELOPED in consultation with the [commissioner, the commissioners of civil service, general services and the division of criminal justice services, the director of the governor's office of employee relations, officials of all local governments of any political subdivision in which the correc- tional facility is located and any other appropriate state agencies or authorities, provide a report for an adaptive reuse plan for any facili- ty slated for closure which will evaluate the community impact of the proposed closure including but not limited to the following factors: the potential to utilize the property for another state government purpose, including for a new purpose as part of the state criminal justice system; potential for the sale or transfer of the property to a local government or other governmental entity; potential for the sale of the property to a private entity for development into a business, residen- tial or other purpose; community input for local development; and the
condition of the facility and the investments required to keep the structure in good repair, or to make it viable for reuse]
REGIONAL DEVELOPMENT COUNCIL REPRESENTING THE IMPACTED COMMUNITY. SUCH PLAN SHALL CONTAIN RECOMMENDATIONS TO MINIMIZE THE ECONOMIC IMPACT OF THE CLOSURE ON THE COMMUNITY IN WHICH THE CLOSED FACILITY IS LOCATED. S 3. This act shall take effect immediately. PART D Section 1. Subdivision 6 of section 186-f of the tax law, as added by section 3 of part B of chapter 56 of the laws of 2009, paragraph (c) as amended by section 38 and paragraph (d) as amended and paragraph (e) as added by section 39 of part B of chapter 56 of the laws of 2010, is amended to read as follows: 6. Distribution. The monies collected from the surcharge imposed by this section must be distributed to include the following: (a) The sum of twenty-five million five hundred thousand dollars must be allocated to the state police pursuant to appropriation by the legis- lature annually; (b) [The sum of one million five hundred thousand dollars must be deposited into the New York state emergency services revolving loan fund annually; (c)] Up to the sum of seventy-five million dollars annually may be used for the provision of grants or reimbursements to counties for the development, consolidation, or operation of public safety communications systems or networks designed to support statewide interoperable communi- cations for first responders, to be distributed pursuant to standards and guidelines issued by the state. Annual grants may consider costs borne by a municipality related to the issuance of local public safety communications bonds pursuant to section twenty-four hundred thirty-two of the public authorities law, when the municipality has qualified as an approved participant in a statewide interoperable communications system under the standards and guidelines issued by the state, and maintains compliance with such standards and guidelines. The grant amount will be prescribed pursuant to an agreement with the municipality, and may not exceed thirty percent of the annual cost borne by the municipality in relation to such bonds; [(d)] (C) To provide the costs of debt service for bonds and notes issued to finance expedited deployment funding pursuant to the provisions of section three hundred thirty-three of the county law and section sixteen hundred eighty-nine-h of the public authorities law; and [(e)] (D) [services] SERVICES and expenses that support the operations and mission of the division of homeland security and emergency services as appropriated by the legislature. S 2. This act shall take effect immediately. PART E Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu- tive law, as separately amended by section 11 of part A-1 and section 10 of part O of chapter 56 of the laws of 2010, is amended to read as follows: (f) executive director of adirondack park agency, [commissioners of the state liquor authority,] commissioners of the state civil service commission, members of state commission of correction, members of unem-
ployment insurance appeal board, and members of the workers' compen- sation board. S 2. Section 11 of the alcoholic beverage control law, as amended by chapter 83 of the laws of 1995, is amended to read as follows: S 11. Appointment of authority. The members of the authority shall be appointed by the governor by and with the advice and consent of the senate. Not more than two members of the authority shall belong to the same political party. The chairman of the state alcoholic beverage control board heretofore appointed and designated by the governor and the remaining members of such board heretofore appointed by the governor shall continue to serve as chairman and members of the authority until the expiration of the respective terms for which they were appointed. Upon the expiration of such respective terms the successors of such chairman and members shall be appointed to serve for a term of three years each and until their successors have been appointed and qualified. THE COMMISSIONERS, OTHER THAN THE CHAIRMAN SHALL, WHEN PERFORMING THE WORK OF THE AUTHORITY, BE COMPENSATED AT A RATE OF TWO HUNDRED SIXTY DOLLARS PER DAY, TOGETHER WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES. THE CHAIRMAN SHALL RECEIVE AN ANNUAL SALARY ESTABLISHED IN SECTION ONE HUNDRED SIXTY-NINE OF THE EXECUTIVE LAW. S 3. This act shall take effect immediately. PART F Section 1. Subdivision 2 of section 4-126 of the election law is REPEALED. S 2. Subdivision 2 of section 9-212 of the election law, as amended by chapter 635 of the laws of 1990, is amended to read as follows: 2. All such determinations shall be in writing and signed by the members of the canvassing board or a majority of them and filed and recorded in the office of the board of elections. Except in the city of New York and in the counties of Nassau, Orange and Westchester, the board of elections shall cause a copy of such determinations, and of the statements filed in its office upon which such determinations were based, to be [published once in each of the newspapers designated to publish election notices and the official canvass] POSTED ON ITS WEBSITE. The statement of canvass to be [published] POSTED, however, shall not give the vote by election districts but shall contain only the total vote for a person, or the total vote for and the total vote against a ballot proposal, cast within the county, or within the portion thereof, if any, in which an office is filled or ballot proposal is decided by the voters if the canvass of the vote thereon devolves upon the county board of canvassers. Such totals shall be expressed in arabic numerals. S 3. Section 4-116 of the election law, the section heading as amended by chapter 234 of the laws of 1976, subdivision 1 as amended by chapter 341 of the laws of 1995, and subdivisions 2 and 3 as amended by chapter 60 of the laws of 1993, is amended to read as follows: S 4-116. Constitutional amendments and questions; publication of by state board of elections and secretary of state. 1. The secretary of state shall cause each concurrent resolution of the two houses of the legislature agreeing to a proposed amendment to the constitution that has been referred to the legislature to be chosen at the next general election to be [published] POSTED ON ITS WEBSITE at least once in each of the three months next preceding such election. Such [publication]
POSTING shall include the information that such amendment has been so referred. 2. The state board of elections shall [publish] POST ON ITS WEBSITE once in the week preceding any election at which proposed constitutional amendments or other propositions or questions are to be submitted to the voters of the state an abstract of such amendment or question, a brief statement of the law or proceedings authorizing such submission, a statement that such submission will be made and the form in which it is to be submitted. [3. Publication required by subdivision two of this section shall be in one newspaper of general circulation in each county.] S 4. This act shall take effect April 1, 2011. PART G Section 1. The opening paragraph of subparagraph 4 of paragraph (h) of subdivision 8 of section 15 of the workers' compensation law, as amended by section 1 of part QQ of chapter 56 of the laws of 2009, is amended to read as follows: As soon as practicable after May first in the year nineteen hundred fifty-eight, and annually thereafter as soon as practicable after Janu- ary first in each succeeding year, the chair of the board shall assess upon and collect from all self-insurers[, except group self-insurers], the state insurance fund, AND all insurance carriers [and group self-in- surers,] (A) a sum equal to one hundred fifty per centum of the total disbursements made from the special disability fund during the preceding calendar year (not including any disbursements made on account of antic- ipated liabilities or waiver agreements funded by bond proceeds and related earnings), less the amount of the net assets in such fund as of December thirty-first of said preceding calendar year, and (B) a sum sufficient to cover debt service, and associated costs (the "debt service assessment") to be paid during the calendar year by the dormito- ry authority, as calculated in accordance with subparagraph five of this paragraph. Such assessments shall be allocated to (i) self-insurers [except group self-insurers] and the state insurance fund based upon the proportion that the total compensation payments made by all self-insur- ers [except group self-insurers] and the state insurance fund bore to the total compensation payments made by all self-insurers [except group self-insurers], the state insurance fund, AND all insurance carriers [and group self-insurers], AND (ii) insurance carriers based upon the proportion that the total compensation payments made by all insurance carriers bore to the total compensation payments by all self-insurers [except group self-insurers], the state insurance fund and all insurance carriers [and group self-insurers] during the fiscal year which ended within said preceding calendar year[, and (iii) group self-insurers based upon the proportion that the total compensation payments made by all group self-insurers bore to the total compensation payments made by all self-insurers, the state insurance fund and all insurance carriers during the fiscal year which ended within said preceding calendar year]. Insurance carriers and self-insurers shall be liable for all such assessments regardless of the date on which they came into existence, or whether they have made any claim for reimbursement from the special disability fund. The portion of such sum allocated to self-insurers [except group self-insurers] and the state insurance fund that shall be collected from each self-insurer [except a group self-insurer] and the state insurance fund shall be a sum equal to the proportion of the
amount which the total compensation payments of each such self-insurer [except a group self-insurer] or the state insurance fund bore to the total compensation payments made by all self-insurers [except group self-insurers] and the state insurance fund during the fiscal year which ended within said preceding calendar year. The portion of such sum allo- cated to insurance carriers that shall be collected from each insurance carrier shall be a sum equal to that proportion of the amount which the total standard premium by each such insurance carrier bore to the total standard premium reported by all insurance carriers during the calendar year which ended within said preceding fiscal year. [The portion of such sum allocated to group self-insurers that shall be collected from each group self-insurer shall be a sum equal to that proportion of the amount which the pure premium calculation for each such group self-insurer bore to the total pure premium calculation for all group self-insurers for the calendar year which ended within the preceding state fiscal year.] The payments from the debt service assessment, unless otherwise set forth in the special disability fund financing agreement, are hereby pledged therefor and shall be deemed the first monies received on account of assessments in each year. For the purposes of this paragraph, "standard premium" shall mean the premium as defined for the purposes of this assessment by the superintendent of insurance, in consultation with the chair of the board and the workers' compensation rating board. [For purposes of this paragraph "pure premium calculation" means the New York state annual payroll as of December thirty-first of the preceding year by class code for each employer member of a group self-insurer multi- plied by the applicable loss cost for each class code as determined by the workers' compensation rating board in effect on December thirty- first of the preceding year, and for a group or individual self-insurer who has ceased to self-insure shall be based on payroll at the time the group or individual self-insurer ceased to self-insure reduced by a factor reflecting the reduction in the group or individual self- insurer's self-insurance liabilities since ceasing to self-insure.] An employer who has ceased to be a self-insurer [or a group that ceases to be licensed as a group self-insurer] shall continue to be liable for any assessments into said fund on account of any compensation payments made by him or her on his or her account during such fiscal year, and the security fund, created under the provisions of section one hundred seven of this chapter, shall, in the event of the insolvency of any insurance company, be liable for any assessments that would have been made against such company except for its insolvency. No assessment shall be payable from the aggregate trust fund, created under the provisions of section twenty-seven of this article, but such fund shall continue to be liable for all compensation that shall be payable under any award or order of the board, the commuted value of which has been paid into such fund. Such assessments when collected shall be deposited with the commissioner of taxation and finance for the benefit of such fund. Unless otherwise provided, such assessments, shall not constitute an element of loss for the purpose of establishing rates for compensation insurance but shall for the purpose of collection be treated as separate costs by carriers. All insurance carriers and the state insurance fund, shall collect such assessments, from their policyholders through a surcharge based on premiums in accordance with rules set forth by the superintendent of insurance in consultation with the New York workers' compensation rating board and the chair of the board. Such surcharge shall be considered as part of premium for purposes prescribed by law including, but not limit- ed to, computing premium tax, reporting to the superintendent of insur-
ance pursuant to section ninety-nine of this chapter and section three hundred seven of the insurance law, determining the limitation of expenditures for the administration of the state insurance fund pursuant to section eighty-eight of this chapter and the cancellation by an insurance carrier, including the state insurance fund, of a policy for non-payment of premium. The provisions of this paragraph shall not apply with respect to policies containing coverage pursuant to subsection (j) of section three thousand four hundred twenty of the insurance law relating to every policy providing comprehensive personal liability insurance on a one, two, three or four family owner-occupied dwelling. The state insurance fund shall[,] notify its insureds that such assess- ments, shall be, for the purpose of recoupment, treated as separate costs, [respectively] for the purpose of premiums billed on or after October first, nineteen hundred ninety-four. FOR THE PURPOSES OF THIS SECTION, A "SELF-INSURER" SHALL BE: (I) AN EMPLOYER AUTHORIZED TO SELF-INSURE UNDER SUBDIVISION THREE OF SECTION FIFTY OF THIS CHAPTER, ACTIVE GROUPS AUTHORIZED PURSUANT TO SUBDIVISION THREE-A OF SECTION FIFTY OF THIS CHAPTER OR A GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE UNDER PARAGRAPH TEN OF SUBDIVISION THREE-A OF SECTION FIFTY OF THIS CHAPTER; OR (II) A PUBLIC EMPLOYER AUTHORIZED AS SET FORTH IN PARAGRAPH A OF SUBDIVISION FOUR OF SECTION FIFTY OF THIS CHAPTER TO SELF-INSURE UNDER SUBDIVISION THREE, THREE-A OR FOUR OF SUCH SECTION OR ARTICLE FIVE OF THIS CHAPTER, WHETHER INDIVIDUALLY OR AS A GROUP. S 2. Subdivision 3 of section 50 of the workers' compensation law, as amended by chapter 6 of the laws of 2007, the second undesignated para- graph as amended by section 3 of part R of chapter 56 of the laws of 2010, is amended to read as follows: 3. By furnishing satisfactory proof to the chair of his financial ability to pay such compensation for himself, OR TO PAY SUCH COMPEN- SATION ON BEHALF OF A GROUP OF EMPLOYERS IN ACCORDANCE WITH SUBDIVISION TEN OF THIS SECTION, in which case the chair shall require the deposit with the chair of such securities as the chair may deem necessary of the kind prescribed in subdivisions one, two, three, four and five, and subparagraph (a) of paragraph three of subdivision seven of section two hundred thirty-five of the banking law, or the deposit of cash, or the filing of irrevocable letters of credit issued by a qualified banking institution as defined by rules promulgated by the chair or the filing of a bond of a surety company authorized to transact business in this state, in an amount to be determined by the chair, or the posting and filing as aforesaid of a combination of such securities, cash, irrev- ocable letters of credit and surety bond in an amount to be determined by the chair, to secure his liability to pay the compensation provided in this chapter. Any such surety bond must be approved as to form by the chair. If an employer OR GROUP OF EMPLOYERS posts and files a combina- tion of securities, cash, irrevocable letters of credit and surety bond as aforesaid, and if it becomes necessary to use the same to pay the compensation provided in this chapter, the chair shall first use such securities or cash or irrevocable letters of credit and, when the full amount thereof has been exhausted, he shall then require the surety to pay forthwith to the chair all or any part of the penal sum of the bond for that purpose. The chair may also require an agreement on the part of the employer OR GROUP OF EMPLOYERS to pay any awards commuted under section twenty-seven of this chapter, into the special fund of the state fund, as a condition of his being allowed to remain uninsured pursuant to this section. The chair shall have the authority to deny the applica- tion of an employer OR GROUP OF EMPLOYERS to pay such compensation for
himself or to revoke his consent furnished, under this section at any time, for good cause shown. The employer OR GROUP OF EMPLOYERS qualify- ing under this subdivision shall be known as a self-insurer. If for any reason the status of an employer OR GROUP OF EMPLOYERS under this subdivision is terminated, the securities or the surety bond, or the securities, cash, or irrevocable letters of credit and surety bond, on deposit referred to herein shall remain in the custody of the chair for such time as the chair may deem proper and warranted under the circumstances. In lieu thereof, and at the discretion of the chair, the employer, his or her heirs or assigns or others carrying on or liquidat- ing such business, may execute an assumption of workers' compensation liability insurance policy securing such further and future contingent liability as may arise from prior injuries to workers and be incurred by reason of any change in condition of such workers warranting the board making subsequent awards for payment of additional compensation. Such policy shall be in a form approved by the superintendent of insurance and issued by the state fund or any insurance company licensed to issue this class of insurance in this state. In the event that such policy is issued by an insurance company other than the state fund, then said policy shall be deemed of the kind specified in paragraph fifteen of subsection (a) of section one thousand one hundred thirteen of the insurance law and covered by the workers' compensation security fund as created and governed by article six-A of this chapter. It shall only be issued for a single complete premium payment in advance by the employer OR GROUP OF EMPLOYERS and in an amount deemed acceptable by the chair and the superintendent of insurance. In lieu of the applicable premium charge ordinarily required to be imposed by a carrier, said premium shall include a surcharge in an amount to be determined by the chair to: (i) satisfy all assessment liability due and owing to the board and/or the chair under this chapter; and (ii) satisfy all future assessment liability under this section. Said surcharge shall be payable to the board simultaneous to the execution of the assumption of workers' compensation liability insurance policy. However, the payment of said surcharge does not relieve the carrier from any other liability, includ- ing liability owed to the superintendent of insurance pursuant to arti- cle [six-a] SIX-A of this chapter. When issued such policy shall be non-cancellable without recourse for any cause during the continuance of the liability secured and so covered. [The board will report to the governor and the legislature on or before December first, two thousand seven, as to the advisability and feasibility of (1) implementing a statewide self-insured employer bond program, and (2) an improved individual employer bond program.] S 3. Paragraph 9 of subdivision 3-a of section 50 of the workers' compensation law is REPEALED and paragraph 2 and subparagraph (a) of paragraph 7, paragraph 2 as amended by chapter 139 of the laws of 2008, and subparagraph (a) of paragraph 7 as amended by section 4 of part R of chapter 56 of the laws of 2010, are amended and three new paragraphs 10, 11 and 12 are added to read as follows: (2) (a) Any group consisting exclusively of such employers may adopt a plan for self-insurance, as a group, for the payment of compensation under this chapter to their employees, except that no new groups may adopt such a plan [prior to April first, two thousand nine], AND NO GROUP NOT COMPOSED SOLELY OF PUBLIC ENTITIES SET FORTH IN PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION MAY INSURE ANY LIABILITIES FOR ANY EMPLOYERS ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, EXCEPT AS PROVIDED FOR IN PARAGRAPH TEN OF THIS SUBDIVISION. Under such plan the
group shall assume the liability of all the employers within the group and pay all compensation for which the said employers are liable under this chapter, except that in the case of municipal corporations as here- in defined no proof of financial ability or deposit of securities or cash need be made in compliance with this subdivision. The group quali- fying under this subdivision shall be known as a group self-insurer and the employers participating therein and covered thereby shall be known as members. (b) Where such plan is adopted the group self-insurer shall furnish satisfactory proof to the chair of its financial ability to pay such compensation for the members in the industry covered by it, its reven- ues, their source and assurance of continuance. The chair shall require the deposit with the chair of such securities as may be deemed necessary of the kind prescribed in subdivisions one, two, three, four and five, and subparagraph (a) of paragraph three of subdivision seven of section two hundred thirty-five of the banking law or the deposit of cash or the filing of irrevocable letters of credit issued by a qualified banking institution as defined by rules promulgated by the chair or the filing of a bond of a surety company authorized to transact business in this state, in an amount to be determined to secure its liability to pay the compensation of each employer as above provided. Such surety bond must be approved as to form by the chair. The chair shall require each group self-insurer to provide regular reports no less than annually, which shall include but not be limited to audited financial statements, actu- arial opinions and payroll information containing proof that it is fully funded. Such reports shall also include a contribution year analysis detailing contributions and expenses associated with each specific contribution year. For purposes of this paragraph, proof that a group self-insurer is fully funded shall at a minimum include proof of unre- stricted cash and investments permitted by regulation of the chair of at least one hundred percent of the total liabilities, including the esti- mate presented in the actuarial opinion submitted by the group self-in- surer in accordance with this chapter. The chair by regulation, may set further financial standards for group self-insurers. Any group self-in- surer that fails to show that it is fully funded shall be deemed under- funded, and must submit a plan for achieving fully funded status which may include a deficit assessment on members of such group self-insurer which shall be subject to approval or modification by the chair. [The chair may impose such limitations on admission of new members or offer- ing of discounts on underfunded group self-insurers to insure that such group self-insurers shall become fully funded. Should the group self-in- surer fail to meet the terms of its plan, the chair may condition its continued authorization to act as a group self-insurer on the appoint- ment of an outside monitor selected by the chair, at the group self- insurer's expense. Effective January first, two thousand fourteen, any group self-insurer that fails to show it is fully funded in accordance with this paragraph and the regulations issued pursuant thereto shall have one year to cure the deficiency. If such deficiency is not cured within one year, the group self-insurer shall be given six months to terminate its coverage.] (c) The chair shall evaluate, no less than once every three years, a group self-insurer's compliance with the financial and regulatory requirements for self-insurance. The chair may engage any qualified person or organization to assist with such evaluation and any costs incurred by the chair shall be borne by the group self-insurer under examination. Failure to submit to such independent review or to pay such
costs, upon demand of the chair, shall be sufficient grounds to termi- nate coverage of the group self-insurer. (d) The chair may require reports to be prepared by an auditor, actu- ary or other consultant, selected by the board or, at the chair's discretion, by the group self-insurer from a list which shall be pre-ap- proved by the chair to determine whether the group self-insurer meets the financial criteria for self-insurance. All actuaries so selected shall be fellows or associates of the casualty actuarial society. (e) The chair may also require that any and all agreements, contracts and other pertinent documents relating to the organization of the members in the group self-insurer shall be filed [at the time the appli- cation for group self-insurance is made or anytime thereafter. Such application shall be on a form prescribed by the chair. The chair may also require an agreement on the part of said group self-insurer to pay any awards commuted under section twenty-seven of this chapter into the aggregate trust fund as a condition of its being allowed to operate as a group self-insurer pursuant to this subdivision] WITH THE CHAIR. (f) The chair shall have the authority to [deny the application of the group self-insurer to pay such compensation or to] revoke consent furnished under this section at any time for good cause shown. (g) At least twenty days prior to the requested effective date of the participating agreement, a group self-insurer shall notify the chair on a prescribed form of a new group self-insurer member and file (1) a member application and (2) a copy of the properly executed prescribed participation agreement wherein the member acknowledges their joint and several obligation for their period of membership. The board shall, on a form promulgated by the chair, provide notice of the member's rights and responsibilities as a group self-insurer member, including the member's assumption of joint and several liability, and require the member to return a signed copy to the chair as a condition of membership. Such membership shall not become effective until the signed copy has been received by the board. (h) Any member terminating membership in a group self-insurer after less than four years in such group self-insurer, and any member in a group self-insurer that has defaulted, shall be precluded from obtaining prospective coverage from any group self-insurer for a period of at least three years from the effective date of termination. (a) If for any reason, the status of a group self-insurer under this subdivision is terminated, INCLUDING BY OPERATION OF LAW ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, the securities or cash or the surety bond on deposit referred to herein shall remain in the custody of the chair for such time as the chair may deem proper and warranted. In lieu thereof, and at the discretion of the chair, the group self-insurer, its heirs or assigns or others carrying on or liquidating such group self- insurer, including the chair on the group self-insurer's behalf, may execute an assumption of workers' compensation liability insurance poli- cy securing such further and future contingent liability as may arise from prior injuries to workers and be incurred by reason of any change in the condition of such workers warranting the board making subsequent awards for payment of additional compensation. Such policy shall be in a form approved by the superintendent of insurance and issued by the state fund or any insurance company licensed to issue this class of insurance in this state. In the event that such policy is issued by an insurance company other than the state fund, then said policy shall be deemed of the kind specified in paragraph fifteen of subsection (a) of section one thousand one hundred thirteen of the insurance law and covered by the
workers' compensation security fund as created and governed by article six-A of this chapter. It shall only be issued for a single complete premium payment in advance by the group self-insurer and in an amount deemed acceptable by the chair and the superintendent of insurance. In lieu of the applicable premium charge ordinarily required to be imposed by a carrier, said premium shall include a surcharge in an amount to be determined by the chair to: (i) satisfy all assessment liability due and owing to the board and/or the chair under this chapter; and (ii) satisfy all future assessment liability under this section. Said surcharge shall be payable to the board simultaneous to the execution of the assumption of workers' compensation liability insurance policy. However, the payment of said surcharge does not relieve the carrier from any other liability, including liability owed to the superintendent of insurance pursuant to article six-A of this chapter. When issued such policy shall be noncancellable without recourse for any cause during the continuance of the liability secured and so covered. (10) (A) A NON-MUNICIPAL GROUP OF EMPLOYERS MAY MAKE APPLICATION TO THE CHAIR TO QUALIFY JOINTLY AS A SELF-INSURER, PROVIDED: (1) THE MEMBERS OF THE GROUP SECURE THE SERVICES OF AN ADMINISTRATOR, WHO SHALL CARRY OUT THE RESPONSIBILITIES OF SUCH AN ADMINISTRATOR AS SET FORTH IN SUBDIVISION FIVE OF THIS SECTION, AND WHO SHALL BE SUBJECT TO THE RESTRICTIONS AND PENALTIES APPLICABLE TO AN ADMINISTRATOR UNDER THIS SECTION; (2) THE MEMBERS OF THE GROUP, THROUGH THE ADMINISTRATOR, JOINTLY DEPOSIT SUFFICIENT SECURITIES IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION AS TO SECURE THE LIABILITY OF THE MEMBERS OF THE GROUP TO PAY COMPENSATION, PROVIDED THE INITIAL DEPOSIT SHALL BE MADE BY NOVEMBER FIRST, TWO THOUSAND ELEVEN; (3) THE GROUP HAS BEEN AUTHORIZED BY THE CHAIR TO SELF-INSURE IN ACCORDANCE WITH THIS SUBDIVISION PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH; (4) THE GROUP'S MEMBERS FALL WITHIN A LIMITED NUMBER OF PAYROLL CLAS- SIFICATIONS, AS SET BY THE CHAIR, AFTER GIVING DUE CONSIDERATION TO THE RISKS ASSOCIATED WITH ANY GROUP OF EMPLOYERS SELF-INSURING OR THE PARTICIPANT EMPLOYERS ARE PARTIES TO THE SAME COLLECTIVE BARGAINING AGREEMENT; (5) THE GROUP WAS FULLY FUNDED FOR FOUR OUT OF THE PREVIOUS FIVE YEARS, AS DETERMINED BY THE CHAIR FOLLOWING A FINANCIAL REVIEW, AND THE GROUP SELF-INSURER HAS SUFFICIENT FUNDS TO MEET ITS LIABILITIES; (6) THE GROUP HAS A SAFETY PROGRAM ACCEPTABLE TO THE CHAIR; AND (7) THE GROUP IS SUBJECT TO SUCH OTHER LIMITATIONS AND REQUIREMENTS OF THIS SUBDIVISION UNLESS WAIVED BY THE CHAIR AND TO REGULATIONS OF THE CHAIR. (B) THE MEMBERS OF ANY SUCH GROUP SHALL ENTER INTO AN AGREEMENT AMONG THEMSELVES AND WITH THE GROUP'S ADMINISTRATOR WHICH SHALL, AT A MINIMUM: (1) INDICATE THAT EACH OF THE MEMBERS OF THE GROUP IS JOINTLY AND SEVERALLY LIABLE FOR ANY LIABILITIES OF THE GROUP; AND (2) PROVIDE FOR THE COLLECTION OF ADDITIONAL FUNDS FROM GROUP MEMBERS IN THE EVENT THE DEPOSIT WITH THE BOARD IS INSUFFICIENT TO MEET THE LIABILITIES OF THE GROUP. (11) FORMER GROUP SELF-INSURER. ANY GROUP SELF-INSURER THAT HAS CEASED TO SELF-INSURE, OR HAS CEASED TO SELF-INSURE ANY NEW LIABILITIES AFTER JANUARY FIRST, TWO THOUSAND TWELVE IN ACCORDANCE WITH PARAGRAPH TWO OF THIS SUBDIVISION, SHALL REMAIN SUBJECT TO ALL THE PROVISIONS OF THIS SUBDIVISION AND THE REGULATIONS ISSUED PURSUANT THERETO AND ANY ASSESS-
MENTS PROVIDED FOR BY THIS SECTION UNTIL SUCH TIME AS THE GROUP SELF-IN- SURER NO LONGER POSSESSES ANY LIABILITIES. (12) ANY NON-MUNICIPAL GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE UNDER PARAGRAPH TEN OF THIS SECTION ON OR AFTER JANUARY FIRST, TWO THOU- SAND TWELVE SHALL BE DEEMED A "PRIVATE SELF-INSURER" FOR PURPOSES OF THE ASSESSMENTS SET FORTH IN SECTIONS FIFTEEN AND ONE HUNDRED FIFTY-ONE OF THIS CHAPTER. S 4. Subparagraph 2 of paragraph b of subdivision 5 of section 50 of the workers' compensation law is REPEALED. S 5. Paragraph (a) of subdivision 4 of section 141-a of the workers' compensation law, as added by chapter 6 of the laws of 2007, is amended to read as follows: (a) Whenever the chair determines that an employer who is required to secure compensation in accordance with this chapter has failed to secure such compensation, or where an employer has failed to pay penalties assessed against it pursuant to this chapter, OR FAILED TO PAY A JUDG- MENT UNDER SECTION TWENTY-SIX OF THIS CHAPTER WITHIN NINETY DAYS AFTER NOTICE TO THE EMPLOYER AND HAS NOT MOVED TO MODIFY OR VACATE SUCH JUDG- MENT, such failure shall be deemed an immediate serious danger to public health, safety, or welfare sufficient to justify service by the chair of a stop-work order on the employer, requiring the cessation of all busi- ness operations effective immediately, except where the employer's fail- ure concerns only domestic or child care workers in his or her own household. The chair may issue such order, which shall take effect as to a particular employer worksite when served at that worksite, or as to all employer worksites in the state for which the employer is not in compliance when served on the employer. A stop-work order may be served with regard to an employer's worksite by posting a copy of the stop-work order in a conspicuous location at the worksite. The order shall remain in effect until the chair directs that the stop-work order be removed, upon a determination that the employer has come into compliance with the coverage requirements of this chapter and has paid any penalty assessed under this chapter. If the employer shall within thirty days after notice of the stop-work order make an application in affidavit form for a redetermination review of such order the chair shall make a decision in writing on the issues raised in such application. The chair may direct a conditional release from a stop-work order upon a finding that the employer has complied with coverage requirements of this chapter and has agreed to remit periodic payments of the penalty pursuant to a payment agreement schedule with the chair. If an agreement or order of conditional release is issued, failure by the employer to meet any term or condition of such payment agreement shall result in the immediate reinstatement of the stop-work order and the entire unpaid balance of the penalty shall become immediately due. The chair may require an employer who is found to have failed to comply with the coverage requirements of this chapter to file with the board, as a condition of release from a stop-work order, periodic reports for a probationary period that shall not exceed two years, and that demonstrate the employ- er's continued compliance with this chapter. The board shall by rule specify the reports required and the time for filing under this subdivi- sion. S 6. Paragraphs (b) and (c) of subdivision 2 of section 151 of the workers' compensation law, paragraph (b) as amended by section 2 of part QQ of chapter 56 of the laws of 2009 and paragraph (c) as amended by chapter 6 of the laws of 2007, are amended to read as follows:
(b) An itemized statement of the expenses so ascertained shall be open to public inspection in the office of the board for thirty days after notice to the state insurance fund, all insurance carriers and all self- insurers [including group self-insurers] affected thereby, before the board shall make an assessment for such expenses. The chair shall assess upon and collect a proportion of such expenses as hereinafter provided from each insurance carrier, the state insurance fund and each self-in- surer [including group self-insurers]. The assessment for such expenses shall be allocated to (i) self-insurers [except group self-insurers] and the state insurance fund based upon the proportion that the total compensation payments made by all self-insurers [except group self-in- surers] and the state insurance fund in such year bore to the total compensation payments made by all self-insurers [except group self-in- surers], the state insurance fund, AND all insurance carriers [and group self-insurers] and (ii) insurance carriers based upon the proportion that the total compensation payments made by all insurance carriers in such year bore to the total compensation payments by all self-insurers, the state insurance fund and all insurance carriers[, and (iii) group self-insurers based upon the proportion that the total compensation payments made by all group self-insurers in such year bore to the total compensation payments made by all self-insurers, the state insurance fund and all insurance carriers]. The portion of the assessment for such expenses allocated to self-insurers [except group self-insurers] and the state insurance fund that shall be collected from each self-insurer [except group self-insurers] and the state insurance fund shall be a sum equal to the proportion of the amount which the total compensation payments of each such self-insurer [except a group self-insurer] or the state insurance fund in such year bore to the total compensation payments made by all self-insurers [except group self-insurers] and the state insurance fund. The portion of the assessment for such expenses allocated to insurance carriers that shall be collected from each such insurance carrier shall be a sum equal to that proportion of the amount which the total standard premium by each such insurance carrier bore to the total standard premium reported by all insurance carriers for the calendar year which ended with the state fiscal year. [The portion of such sum allocated to group self-insurers that shall be collected from each group self-insurer shall be a sum equal to that proportion of the amount which the pure premium calculation for each such group self-in- surer bore to the total pure premium calculation for all group self-in- surers for the calendar year which ended within the state fiscal year.] The amounts so secured shall be used for the payment of the expenses of administering this chapter. [Pure premium for assessments against indi- vidual and group self-insurers who ceased to self-insure shall be based on payroll at the time the individual or group self-insurer has ceased to self-insure, reduced by a factor reflecting the reduction in the group or individual self-insurer's self-insurance liabilities since ceasing to self-insure.] For purposes of this paragraph, "standard premium" shall mean the premium as defined for the purposes of this assessment by the super- intendent of insurance, in consultation with the chair of the board and the workers' compensation rating board. [For purposes of this paragraph "pure premium calculation" means the New York state annual payroll as of December thirty-first of the preceding year by class code for each employer member of a group self-insurer multiplied by the applicable rate for each class code as determined by the workers' compensation rating board in effect on December thirty-first of the preceding year.]
The amounts so secured shall be used for the payment of the expenses of administering this chapter. For the purposes of this paragraph, the term "insurance carrier" shall include only stock corporations, mutual corporations and reciprocal insurers authorized to transact the business of workers' compensation insurance in this state and the term "self-insurer" shall include any employer or group of employers permitted to pay compensation directly under the provisions of subdivision three, three-a or four of section fifty of this chapter. FOR THE PURPOSES OF THIS SECTION, A "SELF-INSUR- ER" SHALL BE: (I) AN EMPLOYER AUTHORIZED TO SELF-INSURE UNDER SUBDIVI- SION THREE OF SECTION FIFTY OF THIS CHAPTER, OR ACTIVE GROUPS AUTHORIZED PURSUANT TO SUBDIVISION THREE-A OF SECTION FIFTY OF THIS CHAPTER, A GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE UNDER PARAGRAPH TEN OF SUBDIVISION THREE-A OF SECTION FIFTY OF THIS CHAPTER; OR (II) A PUBLIC EMPLOYER AS SET FORTH IN PARAGRAPH A OF SUBDIVISION FOUR OF SECTION FIFTY OF THIS CHAPTER AUTHORIZED TO SELF-INSURE UNDER SUBDIVISION THREE, THREE-A OR FOUR OF SECTION FIFTY OR ARTICLE FIVE OF THIS CHAPTER, WHETH- ER INDIVIDUALLY OR AS A GROUP. (c) Assessments for the special disability fund, the fund for reopened cases and for the operations of the board shall not constitute elements of loss but shall for collection purposes be treated as separate costs by carriers. [All group self-insurers shall collect such assessments from their employer members in a fair and equitable manner.] All insur- ance carriers, including the state insurance fund, shall collect such assessments from their policyholders through a surcharge based on premi- um in accordance with rules set forth by the New York workers' compen- sation rating board, as approved by the superintendent of insurance. Such surcharge shall be considered as part of premium for purposes prescribed by law including, but not limited to, computing premium tax, reporting to the superintendent of insurance pursuant to section nine- ty-nine of this chapter and section three hundred seven of the insurance law, determining the limitation of expenditures for the administration of the state insurance fund pursuant to section eighty-eight of this chapter and the cancellation by an insurance carrier, including the state insurance fund, of a policy for non-payment of premium. S 7. This act shall take effect immediately; provided that sections one and six of this act shall take effect January 1, 2011 and shall apply to any assessment cycle beginning on or after such date; provided further, that in the event that the total amount of assessments collected by the chair of the workers' compensation board by May 1, 2011 pursuant to subparagraph 4 of paragraph (h) of subdivision 8 of section 15 of the workers' compensation law as amended by section one of this act do not equal at least one hundred ten percent of the debt service assessment, as defined in such provision of law, the chair of the work- ers' compensation board shall, not later than June 1, 2011, and in accordance with the provisions of subparagraph 4 of paragraph (h) of subdivision 8 of section 15 of the workers' compensation law, as amended by section one of this act, assess and collect a supplemental assessment in an amount equal to the amount that would have been due from group self-insurers in 2011 had this act not taken effect, and that the provisions of subparagraph 4 of paragraph (h) of subdivision 8 of section 15 of the workers' compensation law shall apply to such supple- mental assessment in all respects except for the date and amount of such special assessment and that such special assessment shall be deemed an assessment pursuant to subparagraph 4 of paragraph (h) of subdivision 8 of section 15 of the workers' compensation law for all purposes.
PART H Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu- tive law, as separately amended by section 11 of part A-1 and section 10 of part O of chapter 56 of the laws of 2010, is amended to read as follows: (f) executive director of adirondack park agency, commissioners of the state liquor authority, [commissioners of the state civil service commission,] members of state commission of correction, members of unem- ployment insurance appeal board, and members of the workers' compen- sation board. S 2. Paragraph (a) of subdivision 2 of section 5 of the civil service law, as amended by chapter 248 of the laws of 1960, is amended to read as follows: (a) Appointment. The state civil service commission is continued and shall consist of three commissioners who shall be appointed by the governor, by and with the advice and consent of the senate, not more than two of whom shall be adherents of the same political party. The governor shall designate one of the members of the commission to be president of the commission and such member shall serve in the capacity of president during the pleasure of the governor. The members shall not hold any other public office or public employment for which they shall receive compensation other than necessary travel and other expenses incurred in the performance of the duties of such other office or employment, or engage in private employment or in a profession or busi- ness which interferes with the performance of their duties or requires their disqualification from the performance of such duties because of a conflict of interests caused thereby. THE COMMISSIONERS OTHER THAN THE PRESIDENT OF THE COMMISSION SHALL, WHEN PERFORMING THE WORK OF THE COMMISSION, BE COMPENSATED AT THE RATE OF TWO HUNDRED FIFTY DOLLARS PER DAY, TOGETHER WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES HEREUNDER. THE PRESIDENT OF THE COMMISSION SHALL RECEIVE AN ANNUAL SALARY ESTABLISHED IN SECTION ONE HUNDRED SIXTY-NINE OF THE EXECUTIVE LAW. No member shall serve as an officer of any political party or political organization or engage in partisan political activities. S 3. This act shall take effect immediately, and shall apply to current members of the civil service commission. PART I Section 1. Clause 2 of subparagraph (viii) of paragraph a of subdivi- sion 10 of section 54 of the state finance law, as amended by section 1 of part Z of chapter 56 of the laws of 2010, is amended to read as follows: (2) for the state fiscal year commencing April first, two thousand eight and in each state fiscal year thereafter, the base level grant received in the immediately preceding state fiscal year pursuant to paragraph b of this subdivision AND CHAPTER THREE HUNDRED THIRTEEN OF THE LAWS OF TWO THOUSAND TEN, excluding any deficit reduction adjustment pursuant to paragraph e-1 of this subdivision, plus any additional apportionments received in such year pursuant to paragraph d of this subdivision and any per capita adjustments received in such year pursu- ant to paragraph e of this subdivision [plus any additional aid received in such year pursuant to paragraph p of this subdivision].
S 2. Paragraph b of subdivision 10 of section 54 of the state finance law is amended by adding a new subparagraph (iv) to read as follows: (IV) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, WITHIN AMOUNTS APPROPRIATED IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN, THERE SHALL BE APPORTIONED AND PAID TO EACH MUNICI- PALITY A BASE LEVEL GRANT IN AN AMOUNT EQUAL TO THE PRIOR YEAR AID RECEIVED BY SUCH MUNICIPALITY MINUS A BASE LEVEL GRANT ADJUSTMENT EQUAL TO TWO PERCENT OF SUCH PRIOR YEAR AID. S 3. Paragraph i of subdivision 10 of section 54 of the state finance law is amended by adding a new subparagraph (viii) to read as follows: (VIII) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN, THE BASE LEVEL GRANT ADJUSTMENT PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH B OF THIS SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A TOWN OR VILLAGE, ON OR BEFORE DECEMBER FIFTEENTH FOR A CITY WHOSE FISCAL YEAR BEGINS JANUARY FIRST, AND ON OR BEFORE MARCH FIFTEENTH FOR A CITY WHOSE FISCAL YEAR DOES NOT BEGIN JANUARY FIRST. S 4. Paragraph j of subdivision 10 of section 54 of the state finance law, as amended by section 4 of part Z of chapter 56 of the laws of 2010, is amended to read as follows: j. Special aid and incentives for municipalities to the city of New York. In the state fiscal year commencing April first, two thousand seven a city with a population of one million or more shall receive twenty million dollars on or before December fifteenth. In the state fiscal year commencing April first, two thousand eight, a city with a population of one million or more shall receive two hundred forty-five million nine hundred forty-four thousand eight hundred thirty-four dollars payable on or before December fifteenth. In the state fiscal [years] YEAR commencing April first, two thousand nine [and April first, two thousand eleven, and in each state fiscal year thereafter], a city with a population of one million or more shall receive three hundred one million six hundred fifty-eight thousand four hundred ninety-five dollars payable on or before December fifteenth. Special aid and incen- tives for municipalities to the city of New York shall be apportioned and paid as required as follows: (i) Any amounts required to be paid to the city university construction fund pursuant to the city university construction fund act; (ii) Any amounts required to be paid to the New York city housing development corporation pursuant to the New York city housing develop- ment corporation act; (iii) Five hundred thousand dollars to the chief fiscal officer of the city of New York for payment to the trustees of the police pension fund of such city; (iv) Eighty million dollars to the special account for the municipal assistance corporation for the city of New York in the municipal assist- ance tax fund created pursuant to section ninety-two-d of this chapter to the extent that such amount has been included by the municipal assistance corporation for the city of New York in any computation for the issuance of bonds on a parity with outstanding bonds pursuant to a contract with the holders of such bonds prior to the issuance of any other bonds secured by payments from the municipal assistance corpo- ration for the city of New York in the municipal assistance state aid fund created pursuant to section ninety-two-e of this chapter; (v) The balance of the special account for the municipal assistance corporation for the city of New York in the municipal assistance state aid fund created pursuant to section ninety-two-e of this chapter;
(vi) Any amounts to be refunded to the general fund of the state of New York pursuant to the annual appropriation enacted for the municipal assistance state aid fund; (vii) To the state of New York municipal bond bank agency to the extent provided by section twenty-four hundred thirty-six of the public authorities law; and (viii) To the transit construction fund to the extent provided by section twelve hundred twenty-five-i of the public authorities law, and thereafter to the city of New York. Notwithstanding any other law to the contrary, the amount paid to any city with a population of one million or more on or before December fifteenth shall be for an entitlement period ending the immediately preceding June thirtieth. S 5. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. PART J Section 1. Paragraph b of subdivision 2 of section 54-1 of the state finance law, as amended by section 1 of part AA of chapter 56 of the laws of 2010, is amended to read as follows: b. Eligible municipalities shall receive: (i) for the state fiscal years commencing April first, two thousand seven and April first, two thousand eight, a share of three and one-half percent of the "estimated net machine income" generated by a video lottery gaming facility located within such eligible municipality as follows: (1) twenty-five percent shall be apportioned and paid to the county; and (2) seventy-five percent shall be apportioned and paid on a pro rata basis to eligible municipalities, other than the county, based upon the population of such eligible municipalities. Such state aid payment shall not exceed twen- ty-five percent of an eligible municipality's total expenditures as reported in the statistical report of the comptroller in the preceding state fiscal year pursuant to section thirty-seven of the general munic- ipal law; (ii) for the state fiscal year commencing April first, two thousand nine: (1) for an eligible municipality which is located in a county that has a poverty rate equal to or greater than seventy-five percent of the New York state poverty rate, an amount equal to the state aid payment received in the state fiscal year commencing April first, two thousand eight; and (2) for an eligible municipality which is located in a county that has a poverty rate less than seventy-five percent of the New York state poverty rate, an amount equal to fifty percent of the state aid payment received in the state fiscal year commencing April first, two thousand eight; and (iii) for the state fiscal year commencing April first, two thousand ten [and for each state fiscal year thereafter], an amount equal to ninety percent of the state aid payment received in the state fiscal year commencing April first, two thousand nine. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. PART K Section 1. The paragraph heading of paragraph o of subdivision 10 of section 54 of the state finance law, as added by section 7 of part O of chapter 56 of the laws of 2008, is amended to read as follows:
Local government efficiency grant program beginning in the state fiscal year commencing April first, two thousand eight AND CONTINUING UNTIL THE END OF THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU- SAND TEN. S 2. Paragraph p of subdivision 10 of section 54 of the state finance law, as amended by section 6 of part GG of chapter 56 of the laws of 2009, is amended to read as follows: p. [Local government efficiency grant program municipal merger incen- tives] CITIZEN EMPOWERMENT TAX CREDIT. (I) For the purposes of this paragraph, "municipalities" shall mean cities with a population less than one million, towns and villages. (II) Within the annual amounts appropriated therefor, surviving muni- cipalities following a [merger,] consolidation or dissolution occurring on or after the state fiscal year commencing April first, two thousand seven [may] SHALL be awarded additional ANNUAL aid, STARTING in the state fiscal year following THE STATE FISCAL YEAR IN WHICH such [merg- er,] consolidation or dissolution TOOK EFFECT, equal to fifteen percent of the combined amount of real property taxes levied by all of the muni- cipalities participating in the [merger,] consolidation or dissolution in the local fiscal year prior to the local fiscal year in which such [merger,] consolidation or dissolution took effect. In instances of the dissolution of a village located in more than one town, such additional aid shall equal the sum of fifteen percent of the real property taxes levied by such village in the village fiscal year prior to the village fiscal year in which such dissolution took effect plus fifteen percent of the average amount of real property taxes levied by the towns in which the village was located in the town fiscal year prior to the town fiscal year in which such dissolution took effect, and shall be divided among such towns based on the percentage of such village's population that resided in each such town as of the most recent federal decennial census. IN NO CASE SHALL THE ADDITIONAL AID PURSUANT TO THIS PARAGRAPH EXCEED ONE MILLION DOLLARS. Such additional aid shall be apportioned and paid to the chief fiscal officer of each [consolidated or merged] ELIGI- BLE municipality ON OR BEFORE SEPTEMBER TWENTY-FIFTH OF EACH SUCH STATE FISCAL YEAR on audit and warrant of the state comptroller out of moneys appropriated by the legislature for such purpose to the credit of the local assistance fund [in the general fund of the state treasury in the same "on or before month and day" manner as the municipality's base level grant is paid pursuant to subparagraph (i) of paragraph i of this subdivision]. (III) Any municipality receiving a [merger incentive award] CITIZEN EMPOWERMENT TAX CREDIT pursuant to this paragraph shall use AT LEAST FIFTY PERCENT OF such aid [only] FOR PROPERTY TAX RELIEF AND THE BALANCE OF SUCH AID for general municipal purposes. [In no case shall the addi- tional aid pursuant to this paragraph exceed one million dollars. Such additional aid shall in subsequent state fiscal years be considered prior year aid for the purposes of determining such merged, consolidated or surviving municipality's base level grant pursuant to paragraph b of this subdivision.] FOR EACH LOCAL FISCAL YEAR FOLLOWING THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN WHICH AMENDED THIS PARAGRAPH IN WHICH SUCH AID IS PAYABLE, A STATEMENT SHALL BE PLACED ON EACH PROPERTY TAX BILL FOR SUCH MUNICIPALITY IN SUBSTANTIALLY THE FOLLOWING FORM: "YOUR PROPERTY TAX SAVINGS THIS YEAR RESULTING FROM THE STATE CITIZEN EMPOWERMENT TAX CREDIT RECEIVED AS THE RESULT OF LOCAL GOVERNMENT RE-ORGANIZATION IS $______." THE PROPERTY TAX SAVINGS FROM THE CITIZEN EMPOWERMENT TAX CREDIT FOR EACH PROPERTY TAX BILL SHALL BE
CALCULATED BY (1) MULTIPLYING THE AMOUNT OF THE CITIZEN EMPOWERMENT TAX CREDIT USED FOR PROPERTY TAX RELIEF BY THE AMOUNT OF PROPERTY TAXES LEVIED ON SUCH PROPERTY BY SUCH MUNICIPALITY AND (2) DIVIDING THE RESULT BY THE TOTAL AMOUNT OF PROPERTY TAXES LEVIED BY SUCH MUNICIPALITY. S 3. Paragraph q of subdivision 10 of section 54 of the state finance law is relettered paragraph t and three new paragraphs q, r and s are added to read follows: Q. LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANT PROGRAM. (I) (1) FOR THE PURPOSES OF THIS PARAGRAPH, "LOCAL GOVERNMENT ENTITY" OR "ENTITY" SHALL MEAN A TOWN, VILLAGE, DISTRICT, SPECIAL IMPROVEMENT DISTRICT OR OTHER IMPROVEMENT DISTRICT, INCLUDING, BUT NOT LIMITED TO, SPECIAL DISTRICTS CREATED PURSUANT TO ARTICLES ELEVEN, TWELVE, TWELVE-A OR THIRTEEN OF THE TOWN LAW, LIBRARY DISTRICTS, AND OTHER DISTRICTS CREATED BY LAW; PROVIDED, HOWEVER, THAT A LOCAL GOVERN- MENT ENTITY SHALL NOT INCLUDE SCHOOL DISTRICTS, CITY DISTRICTS OR SPECIAL PURPOSE DISTRICTS CREATED BY COUNTIES UNDER COUNTY LAW. (2) FOR THE PURPOSES OF THIS PARAGRAPH, "LOCAL GOVERNMENT RE-ORGANIZA- TION" SHALL MEAN THE CONSOLIDATION OR DISSOLUTION OF A LOCAL GOVERNMENT ENTITY IN ACCORDANCE WITH ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW. (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF STATE MAY AWARD GRANTS TO LOCAL GOVERNMENT ENTITIES TO COVER COSTS ASSO- CIATED WITH STUDIES, PLANS, AND IMPLEMENTATION EFFORTS RELATED TO LOCAL GOVERNMENT RE-ORGANIZATION ACTIVITIES. (III) STUDY PROJECTS SHALL INCLUDE AN EXAMINATION OF THE POTENTIAL FINANCIAL SAVINGS, MANAGEMENT IMPROVEMENTS, AND SERVICE DELIVERY CHANGES RESULTING FROM A LOCAL GOVERNMENT RE-ORGANIZATION, AS WELL AS OPTIONS FOR COST-SAVINGS IF THE RE-ORGANIZATION IS NOT COMPLETED. (IV) LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANTS MAY BE USED TO COVER COSTS INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULT- ANT SERVICES, CAPITAL IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY EXPENSES RELATED TO RE-ORGANIZATION ANALYSIS, PLANNING AND IMPLEMENTATION. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSI- TIONAL PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES ARE INTEGRAL TO IMPLEMENTATION OF THE RE-ORGANIZATION. NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECURRING EXPENSES SUCH AS SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN TRANSITIONAL PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE RE-ORGANIZATION SHALL BE ELIGI- BLE FOR A PERIOD NOT TO EXCEED THREE YEARS. (V) WHERE THE ELECTORS OF A LOCAL GOVERNMENT ENTITY HAVE FILED A PETI- TION PURSUANT TO ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW THAT WILL REQUIRE A REFERENDUM ON THE QUESTION OF CONSOLIDATION OR DISSOL- UTION OF THE LOCAL GOVERNMENT ENTITY, SUCH LOCAL GOVERNMENT ENTITY WILL BE ELIGIBLE FOR AN EXPEDITED GRANT TO COVER COSTS ASSOCIATED WITH THE DEVELOPMENT AND DISSEMINATION TO THE ELECTORS OF INFORMATION RELATED TO THE RE-ORGANIZATION QUESTION BEFORE SUCH REFERENDUM. THE SECRETARY OF STATE SHALL DEVELOP PROCESSES THAT WILL PERMIT EXPEDITED FINANCIAL AND TECHNICAL ASSISTANCE TO SUCH LOCAL GOVERNMENT ENTITIES, INCLUDING BUT NOT LIMITED TO PRE-QUALIFIED CONSULTANTS, DIRECT TECHNICAL ASSISTANCE FROM PROGRAM STAFF AND PRE-ESTABLISHED WORK PLANS. (VI) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT RE-OR- GANIZATION SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS. A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANT FOR A RE-ORGANIZA- TION STUDY SHALL IN NO EVENT EXCEED FIFTY THOUSAND DOLLARS PER APPLICA- TION, OF WHICH UP TO TWENTY-FIVE THOUSAND DOLLARS MAY BE AWARDED ON AN EXPEDITED BASIS. A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
GRANT FOR THE PLANNING OR IMPLEMENTATION OF A RE-ORGANIZATION SHALL NOT EXCEED FIFTY THOUSAND DOLLARS. IN NO EVENT SHALL THE CUMULATIVE GRANT AWARDS FOR A LOCAL GOVERNMENT RE-ORGANIZATION EXCEED ONE HUNDRED THOU- SAND DOLLARS. (VII) MATCHING FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF ACTIV- ITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE SHALL BE REQUIRED. R. LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM BEGINNING IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN. (I) (1) FOR THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE, SPECIAL IMPROVEMENT DISTRICT, FIRE DISTRICT, PUBLIC LIBRARY, ASSOCIATION LIBRARY, WATER AUTHORITY, SEWER AUTHORITY, REGIONAL PLANNING AND DEVELOPMENT BOARD, SCHOOL DISTRICT, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES; PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS DEFINITION, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSID- ERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES ADVANCES A JOINT APPLICATION ON BEHALF OF SCHOOL DISTRICTS AND OTHER MUNICIPALITIES WITHIN THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES REGION; PROVIDED, HOWEVER, THAT ANY AGREEMENTS WITH A BOARD OF COOPERATIVE EDUCATIONAL SERVICES: SHALL NOT GENERATE ADDI- TIONAL STATE AID; SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPI- TAL AND ADMINISTRATIVE BUDGETS OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE PURPOSES OF COMPUTING CHARGES UPON COMPONENT SCHOOL DISTRICTS PURSUANT TO SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARA- GRAPH B OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY AND SUBDI- VISION ONE OF SECTION NINETEEN HUNDRED FIFTY-ONE OF THE EDUCATION LAW; AND SHALL BE DEEMED TO BE A COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES OF SUBPARAGRAPH TWO OF PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINE- TEEN HUNDRED FIFTY OF THE EDUCATION LAW. (2) FOR THE PURPOSES OF THIS PARAGRAPH, "FUNCTIONAL CONSOLIDATION" SHALL MEAN ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE OR FUNCTION FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC- TION. (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF STATE MAY AWARD COMPETITIVE GRANTS TO MUNICIPALITIES TO COVER COSTS ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT LIMITED TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION OR DISSOLUTION, A FUNCTIONAL CONSOLIDATION, A CITY OR COUNTY CHARTER REVISION THAT INCLUDES FUNCTIONAL CONSOLIDATION, SHARED OR COOPERATIVE SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT SUCH LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW OPPORTU- NITIES FOR FINANCIAL SAVINGS AND OPERATIONAL EFFICIENCIES; PROVIDED, FURTHER, THAT ELIGIBLE LOCAL GOVERNMENT EFFICIENCY PROJECTS SHALL NOT INCLUDE STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION ELIGI- BLE TO RECEIVE A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANT PURSUANT TO PARAGRAPH Q OF THIS SUBDIVISION. THE SECRETARY OF STATE MAY FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL AREAS, WITHIN DISTRESSED COMMUNITIES AND AREAS OF HISTORICALLY HIGH LOCAL GOVERNMENT COSTS AND PROPERTY TAXES, OR IN AREAS OF UNIQUE OPPORTUNITY, IN WHICH CASE SUCH AREAS OF FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICA- TIONS. (III) ANY APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT- ING FROM PROJECT IMPLEMENTATION. (IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE USED TO COVER COSTS INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL
IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY EXPENSES RELATED TO IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT WORK PLAN. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES ARE INTEGRAL TO IMPLEMENTATION OF THE LOCAL GOVERNMENT EFFICIENCY PROJECT. NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR- RING EXPENSES SUCH AS SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN TRANSITIONAL PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT WORK PLAN SHALL BE ELIGIBLE FOR A PERIOD NOT TO EXCEED THREE YEARS. THE AMOUNTS AWARDED TO A SCHOOL DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE INCLUDED IN THE APPROVED OPERATING EXPENSE OF THE SCHOOL DISTRICT AS DEFINED IN PARA- GRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW. (V) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT EFFI- CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER MUNICI- PALITY; PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT RECEIVE A CUMULATIVE GRANT AWARD IN EXCESS OF ONE MILLION DOLLARS. THE MAXIMUM GRANT AWARD FOR A LOCAL GOVERNMENT EFFICIENCY PLANNING PROJECT, OR THE PLANNING COMPONENT OF A PROJECT THAT INCLUDES BOTH PLANNING AND IMPLE- MENTATION OF A LOCAL GOVERNMENT EFFICIENCY PROJECT, SHALL NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS PER MUNICIPALITY; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH A PLANNING PROJECT RECEIVE A GRANT AWARD IN EXCESS OF TWO HUNDRED THOUSAND DOLLARS. (VI) LOCAL MATCHING FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE SHALL BE REQUIRED. IN THE EVENT AN APPLICANT IS IMPLEMENTING A PROJECT THAT THE APPLICANT DEVELOPED THROUGH A SUCCESSFULLY COMPLETED PLANNING GRANT FUNDED UNDER THE LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM OR THE SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM, THE LOCAL MATCHING FUNDS REQUIRED SHALL BE REDUCED BY THE LOCAL MATCHING FUNDS REQUIRED BY SUCH SUCCESSFULLY COMPLETED PLANNING GRANT. (VII) IN THE SELECTION OF GRANT AWARDS, THE SECRETARY OF STATE SHALL GIVE THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN THE DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT THE COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3) BY LOCAL GOVERNMENTS WITH HISTORICALLY HIGH COSTS OF LOCAL GOVERNMENT OR SUSTAINED INCREASES IN PROPERTY TAXES. PRIORITY WILL ALSO BE GIVEN TO MUNICIPALITIES THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT PURSUANT TO THIS PROGRAM OR THE SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM, AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL DEVEL- OPMENT PROJECTS THAT HAVE RECEIVED FUNDS THROUGH STATE COMMUNITY AND INFRASTRUCTURE DEVELOPMENT PROGRAMS. (VIII) THE DEPARTMENT OF STATE SHALL PREPARE AN ANNUAL REPORT TO THE GOVERNOR AND THE LEGISLATURE ON THE EFFECTIVENESS OF THE LOCAL GOVERN- MENT EFFICIENCY GRANT PROGRAM AND THE LOCAL GOVERNMENT CITIZENS RE-OR- GANIZATION EMPOWERMENT GRANT PROGRAM. SUCH REPORT SHALL BE PROVIDED ON OR BEFORE OCTOBER FIRST OF EACH YEAR AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH GRANT CATEGORY, AN ASSESSMENT OF PROGRESS IN IMPLEMENTING INITIATIVES THAT RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND SIGNIF- ICANT IMPROVEMENTS IN SERVICE REALIZED BY MUNICIPALITIES THAT HAVE RECEIVED GRANTS. S. LOCAL GOVERNMENT PERFORMANCE AND EFFICIENCY PROGRAM. (I) DEFI- NITIONS. FOR THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN
A COUNTY, CITY, TOWN, OR VILLAGE, BUT SHALL NOT INCLUDE THE INDIVIDUAL COUNTIES CONTAINED IN THE CITY OF NEW YORK. (II) PURPOSE. THERE IS HEREBY ESTABLISHED A LOCAL GOVERNMENT PERFORM- ANCE AND EFFICIENCY PROGRAM. THE PURPOSE OF THIS PROGRAM IS TO RECOGNIZE MUNICIPALITIES THAT HAVE UNDERTAKEN SIGNIFICANT AND INNOVATIVE ACTIONS TO IMPROVE THE OVERALL EFFICIENCY OF GOVERNMENTAL OPERATIONS AND PRODUCE QUANTIFIABLE RECURRING FINANCIAL SAVINGS THAT REDUCE THE MUNICIPAL TAX BURDEN ON RESIDENTS. (III) ELIGIBILITY. ALL MUNICIPALITIES IN NEW YORK STATE ARE ELIGIBLE TO APPLY INDIVIDUALLY OR JOINTLY, PROVIDED HOWEVER THAT IF AN ACTION WAS UNDERTAKEN JOINTLY, MUNICIPALITIES MUST APPLY JOINTLY FOR SUCH AN ACTION. THE ACTIONS FOR WHICH THEY APPLY MUST ALREADY HAVE BEEN IMPLE- MENTED. (IV) USE OF AWARDS. AWARDS RECEIVED PURSUANT TO THE PROGRAM SHALL BE USED BY MUNICIPALITIES FOR GENERAL MUNICIPAL PURPOSES. (V) APPLICATION. THE SECRETARY OF STATE SHALL DEVELOP AN APPLICATION FOR MUNICIPALITIES SEEKING TO RECEIVE AWARDS AND A PROCESS BY WHICH THE APPLICATIONS WILL BE EVALUATED. SUCH APPLICATION SHALL REQUIRE MUNICI- PALITIES TO DEMONSTRATE HOW THE ACTION FOR WHICH THEY HAVE APPLIED HAS RESULTED IN QUANTIFIABLE RECURRING SAVINGS, EFFICIENCIES, AND PERMANENT IMPROVEMENTS TO MUNICIPAL SERVICES. THE SECRETARY OF STATE MAY FOCUS THE PROGRAM IN SPECIFIC FUNCTIONAL SERVICE AREAS, IN WHICH CASE SUCH AREAS OF FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICATIONS. NO APPLICATION SHALL BE CONSIDERED FOR ACTIONS THAT COMMENCED PRIOR TO JANUARY FIRST, TWO THOUSAND TEN. (VI) AWARDS. THE SECRETARY OF STATE MAY MAKE AWARDS TO APPLICANTS BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF CURRENT AND FUTURE SAVINGS, THE IMPACT OF SUCH ACTION UPON THE MUNICIPAL PROPER- TY TAX LEVY, THE SIZE AND COMPLEXITY OF THE ACTION, AND THE ABILITY FOR THE ACTION TO BE REPLICATED BY OTHER MUNICIPALITIES. AWARDS SHALL ONLY BE MADE TO MUNICIPALITIES FOR ACTIONS THAT HAVE BEEN FULLY IMPLEMENTED, THAT CLEARLY RESULTED IN QUANTIFIABLE SAVINGS AND EFFICIENCIES, AND THAT PRODUCED PERMANENT AND QUANTIFIABLE IMPROVEMENTS TO MUNICIPAL EFFICIENCY OR SERVICES. THE MAXIMUM AMOUNT AWARDED PER APPLICATION SHALL NOT EXCEED THE LESSER OF FIVE MILLION DOLLARS OR TWENTY-FIVE DOLLARS PER RESIDENT OF THE APPLYING MUNICIPALITIES AS OF THE MOST RECENT FEDERAL DECENNIAL CENSUS, PROVIDED, HOWEVER, THAT IF THE BOUNDARIES OF MUNICIPALITIES JOINTLY APPLYING FOR SUCH FUNDING OVERLAP, THE RESIDENTS IN OVERLAPPING AREAS SHALL ONLY BE COUNTED ONCE, AND PROVIDED, FURTHER, THAT IF A COUN- TY JOINTLY APPLIES WITH SOME BUT NOT ALL OF THE OTHER MUNICIPALITIES THEREIN, ONLY THE RESIDENTS IN SUCH OTHER MUNICIPALITIES SHALL BE COUNT- ED. (VII) REGULATION. THE SECRETARY OF STATE SHALL, PRIOR TO THE ESTAB- LISHMENT OF APPLICATIONS, PROMULGATE RULES AND REGULATIONS ON THE PROGRAM, INCLUDING BUT NOT LIMITED TO AWARD ELIGIBILITY CRITERIA AND APPLICATION, REVIEW AND APPROVAL PROCEDURES. S 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. PART L Section 1. Section 4 of chapter 774 of the laws of 1989, amending the real property tax law relating to certain state lands subject to taxa- tion is amended to read as follows: S 4. The agreements referred to in section three of this act shall [enure] INURE to the benefit of and bind the people of the state of New
York in the event that the lands which are the subject of said agree- ments are acquired by the people of the state of New York acting through the department of environmental conservation. Upon any acquisition of such lands by the department of environmental conservation, the provisions of section 532 of the real property tax law shall not apply to the lands so acquired but the [taxation thereof] PAYMENTS DUE THEREON shall be governed by the agreements referred to in section three of this act for the duration of such agreement. [The] IN THE EVENT THAT NO SPECIFIC APPROPRIATION SHALL HAVE BEEN MADE FOR THAT PURPOSE, THE AMOUNT APPROPRIATED FOR PAYMENTS OF TAXES ON STATE LANDS PURSUANT TO SECTIONS 532 THROUGH 546 OF THE REAL PROPERTY TAX LAW SHALL BE DEEMED TO ENCOM- PASS THE STATE'S OBLIGATION TO MAKE THE PAYMENTS REQUIRED BY THIS SECTION, NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE taxation of such lands will be governed by such section 532 at such time as the agree- ments cease to be effective. S 2. This act shall take effect immediately. PART M Section 1. Section 25 of the state finance law is amended to read as follows: S 25. Reappropriation bills. Every appropriation reappropriating moneys shall set forth clearly the year, chapter and part or section of the act by which such appropriation was originally made, a brief summary of the purposes of such original appropriation, and the year, chapter and part or section of the last act, if any, reappropriating such original appropriation or any part thereof, and the amount of such reap- propriation. If it is proposed to change in any detail the purpose for which the original appropriation was made, the bill as submitted by the governor shall show clearly [any] such change. ALL REAPPROPRIATIONS, WITH THE EXCEPTION OF REAPPROPRIATIONS FOR CAPI- TAL PROJECTS FUNDS AND FEDERAL FUNDS, SHALL LAPSE FIVE YEARS AFTER THE DATE UPON WHICH THE ORIGINAL APPROPRIATION WOULD LAPSE IN ACCORDANCE WITH SECTION FORTY OF THIS CHAPTER AND SECTION NINETY-NINE-D OF THIS CHAPTER, AS ADDED BY CHAPTER FOUR HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED NINETY-SIX, AND NO MONIES SHALL BE PAID OUT OF THE STATE TREASURY OR ANY OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT PURSUANT TO SUCH APPROPRIATIONS. S 2. This act shall take effect April 1, 2012. PART N Section 1. The state comptroller is hereby authorized and directed to loan money in accordance with the provisions set forth in subdivision 5 of section 4 of the state finance law to the following funds and/or accounts: 1. Tuition reimbursement fund (050): a. Tuition reimbursement account (01). b. Proprietary vocational school supervision account (02). 2. Local government records management improvement fund (052): a. Local government records management account (01). 3. Dedicated highway and bridge trust fund (072): a. Highway and bridge capital account (01). 4. State University Residence Hall Rehabilitation Fund (074). 5. State parks infrastructure trust fund (076):
a. State parks infrastructure account (01). 6. Clean water/clean air implementation fund (079). 7. State lottery fund (160): a. Education - New (03). b. VLT - Sound basic education fund (06). 8. Medicaid management information system escrow fund (179). 9. Federal operating grants fund (290) federal capital grants fund 291). 10. Sewage treatment program management and administration fund (300). 11. Environmental conservation special revenue fund (301): a. Hazardous bulk storage account (F7). b. Utility environmental regulation account (H4). c. Low level radioactive waste siting account (K5). d. Recreation account (K6). e. Conservationist magazine account (S4). f. Environmental regulatory account (S5). g. Natural resource account (S6). h. Mined land reclamation program account (XB). i. Federal grants indirect cost recovery account (IC). 12. Environmental protection and oil spill compensation fund (303). 13. Hazardous waste remedial fund (312): a. Site investigation and construction account (01). b. Hazardous waste remedial clean up account (06). 14. Mass transportation operating assistance fund (313): a. Public transportation systems account (01). b. Metropolitan mass transportation (02). 15. Clean air fund (314): a. Operating permit program account (01). b. Mobile source account (02). 16. Centralized services fund (323). 17. State exposition special fund (325). 18. Agency enterprise fund (331): a. OGS convention center account (55). 19. Agencies internal service fund (334): a. Archives records management account (02). b. Federal single audit account (05). c. Civil service law: sec 11 admin account (09). d. Civil service EHS occupational health program account (10). e. Banking services account (12). f. Cultural resources survey account (14). g. Neighborhood work project (17). h. Automation & printing chargeback account (18). i. OFT NYT account (20). j. Data center account (23). k. Human service telecom account (24). l. Centralized Technology services account (30). m. OPWDD copy center account (26). n. Intrusion detection account (27). o. Domestic violence grant account (28). p. Learning management system account. 20. Miscellaneous special revenue fund (339): a. Statewide planning and research cooperative system account (03). b. OPWDD provider of service account (05). c. New York state thruway authority account (08). d. Mental hygiene patient income account (13). e. Financial control board account (15).
f. Regulation of racing account (16). g. New York metropolitan transportation council account (17). h. Quality of care account (20). i. Cyber upgrade account (25). j. Certificate of need account (26). k. Hospital and nursing home management account (44). l. State university dormitory income reimbursable account (47). m. Energy research account (60). n. Criminal justice improvement account (62). o. Fingerprint identification and technology account (68). p. Environmental laboratory reference fee account (81). q. Clinical laboratory reference system assessment account (90). r. Public employment relations board account (93). s. Radiological health protection account (95). t. Teacher certification account (A4). u. Banking department account (A5). v. Cable television account (A6). w. Indirect cost recovery account (AH). x. High school equivalency program account (AI). y. Rail safety inspection account (AQ). z. Child support revenue account (AX). aa. Multi-agency training account (AY). bb. Critical infrastructure account (B3). cc. Insurance department account (B6). dd. Bell jar collection account (BJ). ee. Industry and utility service account (BK). ff. Real property disposition account (BP). gg. Parking account (BQ). hh. Asbestos safety training program account (BW). ii. Public service account (C3). jj. Batavia school for the blind account (D9). kk. Investment services account (DC). ll. Surplus property account (DE). mm. OPWDD day services account (DH). nn. Financial oversight account (DI). oo. Regulation of indian gaming account (DT). pp. Special conservation activities account (CU). qq. Interest assessment account (DZ). rr. Office of the professions account (E3). ss. Rome school for the deaf account (E6). tt. Seized assets account (E8). uu. Administrative adjudication account (E9). vv. Federal salary sharing account (EC). ww. New York City Assessment Account (EM). xx. Cultural education account (EN). yy. Examination and miscellaneous revenue account (ER). zz. Transportation regulation account (F1). aaa. Local services account (G3). bbb. DHCR mortgage servicing account (H2). ccc. Department of motor vehicles compulsory insurance account (H7). ddd. Housing indirect cost recovery account (HI). eee. DHCR-HCA application fee account (J5). fff. EPIC premium account (J6). ggg. Federal gasoline and diesel fuel excise tax account (L6). hhh. OTDA income account (L7). iii. Low income housing monitoring account (NG).
jjj. Procurement opportunities newsletter account (P4). kkk. Corporation administration account (P6). lll. Montrose veteran's home account (Q6). mmm. Excelsior capital corporation reimbursement account (R1). nnn. Motor fuel quality account (R4). ooo. Deferred compensation administration account (R7). ppp. Rent revenue other account (RR). qqq. Rent revenue account (S8). rrr. Tax revenue arrearage account (TR). sss. Solid waste management account (W3). ttt. Occupational health clinics account (W4). uuu. Capacity contracting (XU). vvv. Administrative cost recovery - tax return preparer registration fee account (Y8). www. Sales tax re-registration fee account (YD). xxx. Equitable sharing agreement account (YP). yyy. Point insurance reduction program account. zzz. Internet point insurance reduction program account. aaaa. Mental hygiene program fund account (10). bbbb. Third party debt collection account. cccc. Regulation of manufactured housing account (CM). dddd. Business and licensing services account (A6). eeee. Consumer protection account (F2). 21. State university income fund (345): a. State university general income offset account (11). 22. State police and motor vehicle law enforcement fund (354): a. State police motor vehicle law enforcement account (02). 23. Youth facilities improvement fund (357): a. Youth facilities improvement account (01). 24. Highway safety program fund (362): a. Highway safety program account (01). 25. Drinking water program management and administration fund (366): a. EFC drinking water program account (01). b. DOH drinking water program account (02). 26. New York city county clerks offset fund (368): a. NYCCC operating offset account (01). 27. Housing assistance fund (374). 28. Housing program fund (376). 29. Department of transportation - engineering services fund (380): a. Highway facility purpose account (01). 30. Miscellaneous capital projects fund (387): a. Clean air capital account (08). b. New York racing account. 31. Mental hygiene facilities capital improvement fund (389). 32. Joint labor/management administration fund (394): a. Joint labor/management administration fund (01). 33. Audit and control revolving fund (395): a. Executive direction internal audit account (04). b. CIO Information technology centralized services account. 34. Health insurance internal service fund (396): a. Health insurance internal service account (00). b. Civil service employee benefits div admin (01). 35. Correctional industries revolving fund (397). 36. Correctional facilities capital improvement fund (399). 37. HCRA resources fund (061): a. EPIC premium account (J6).
b. Hospital based grants program account (AF). c. Child health plus program account (29). S 1-a. The state comptroller is hereby authorized and directed to loan money in accordance with the provisions set forth in subdivision 5 of section 4 of the state finance law to any account within the following federal funds, provided the comptroller has made a determination that sufficient federal grant award authority is available to reimburse such loans: 1. Federal USDA-food nutrition services fund (261). 2. Federal health and human services fund (265). 3. Federal education grants fund (267). 4. Federal block grant fund (269). 5. Federal operating grants fund (290). 6. Federal capital projects fund (291). 7. Federal unemployment insurance administration fund (480). 8. Federal unemployment insurance occupational training fund (484). 9. Federal employment and training grants (486). S 2. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, on or before March 31, 2012, up to the unencumbered balance or the follow- ing amounts: Economic Development and Public Authorities: 1. $175,000 from the miscellaneous special revenue fund (339) under- ground facilities safety training account (US), to the general fund. 2. An amount up to the unencumbered balance from the miscellaneous special revenue fund (339), business and licensing services account (AG), to the general fund. 3. $14,810,000 from the miscellaneous special revenue fund (339), code enforcement account (07), to the general fund. Education: 1. $2,210,000,000 from the general fund to the state lottery fund (160), education account (03), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of the state finance law that are in excess of the amounts deposit- ed in such fund for such purposes pursuant to section 1612 of the tax law. 2. $682,000,000 from the general fund to the state lottery fund (160), VLT education account (06), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of the state finance law that are in excess of the amounts deposited in such fund for such purposes pursuant to section 1612 of the tax law. 3. Moneys from the state lottery fund (160) up to an amount deposited in such fund pursuant to section 1612 of the tax law in excess of the current year appropriation for supplemental aid to education pursuant to section 92-c of the state finance law. 4. $300,000 from the local government records management improvement fund (052) to the archives partnership trust fund (024). 5. $810,000 from the general fund to the miscellaneous special revenue fund (339), Batavia school for the blind account (D9). 6. $1,100,000 from the general fund to the miscellaneous special revenue fund (339), Rome school for the deaf account (E6). 7. $80,000,000 from the state university dormitory income fund (330) to the state university residence hall rehabilitation fund (074).
8. $343,400,000 from the state university dormitory income fund (330) to the miscellaneous special revenue fund (339), state university dormi- tory income reimbursable account (47). 9. $1,000,000 from the miscellaneous special revenue fund (339), cultural education account (EN), to the miscellaneous special revenue fund (339), summer school of the arts account (38). 10. $24,000,000 from any of the state education department special revenue and internal service funds to the miscellaneous special revenue fund (339), indirect cost recovery account (AH). 11. $8,318,000 from the general fund to the state university income fund (345), state university income offset account (11), for the state's share of repayment of the STIP loan. 12. $48,000,000 from the State University Income Fund (345), State University Hospitals Income Reimbursable Account (22) to the general fund for hospital debt service. 13. $4,686,000 from the state university income fund (345), Long Island Veterans' Home Account (09) to the general fund. Environmental Affairs: 1. $500,000 from the department of transportation's federal capital projects fund (291) to the office of parks and recreation federal oper- ating grants fund (290), miscellaneous operating grants account. 2. $16,000,000 from any of the department of environmental conserva- tion's special revenue federal funds to the special revenue fund (301) federal grant indirect cost recovery account. 3. $3,000,000 from any of the office of parks, recreation and historic preservation capital projects federal funds and special revenue federal funds to the special revenue fund (339) federal grant indirect cost recovery account (Z1). 4. $1,000,000 from any of the office of parks, recreation and historic preservation special revenue federal funds to the special revenue fund (339), I love NY water account (39). Family Assistance: 1. $10,000,000 from any of the office of children and family services, office of temporary and disability assistance, or department of health special revenue federal funds and the general fund, in accordance with agreements with social services districts, to the miscellaneous special revenue fund (339), office of human resources development state match account (2C). 2. $3,000,000 from any of the office of children and family services or office of temporary and disability assistance special revenue federal funds to the miscellaneous special revenue fund (339), family preserva- tion and support services and family violence services account (GC). 3. $6,000,000 from any of the office of children and family services special revenue federal funds to the general fund for title IV-E reimbursement of youth facility costs. 4. $28,000,000 from any of the office of children and family services, office of temporary and disability assistance, or department of health special revenue federal funds and any other miscellaneous revenues generated from the operation of office of children and family services programs to the miscellaneous special revenue fund (339), office of children and family services income account (AR). 5. $10,000,000 from any of the office of children and family services or office of temporary and disability assistance special revenue funds or the general fund to the miscellaneous special revenue fund (339), connections account (WK).
6. $41,000,000 from any of the office of temporary and disability assistance accounts within the federal health and human services fund (265) to the general fund. 7. $8,300,000 from any of the office of temporary and disability assistance accounts within the federal health and human services fund (265) to the miscellaneous special revenue fund (339), client notices account (EG). 8. $98,980,000 from any of the office of temporary and disability assistance, department of health or office of children and family services special revenue funds to the miscellaneous special revenue fund (339), office of temporary and disability assistance income account (L7). 9. $2,500,000 from any of the office of temporary and disability assistance or office of children and family services special revenue federal funds to the miscellaneous special revenue fund (339), office of temporary and disability assistance program account (AL). 10. $50,000,000 from any of the office of children and family services, office of temporary and disability assistance, department of labor, and department of health special revenue federal funds to the office of children and family services miscellaneous special revenue fund (339), multi-agency training contract account (AY). 11. $12,524,000 from the office of temporary and disability assistance federal health and human services fund (265) to the miscellaneous special revenue fund (339), child support revenue account (AX). 12. $6,300,000 from any of the office of children and family services, office of temporary and disability assistance, department of labor, or department of health special revenue funds to the office of temporary and disability assistance miscellaneous special revenue fund (339), multi-agency systems development account (MD). 13. $9,248,000 from any of the office of temporary and disability assistance special revenue federal funds, to the miscellaneous special revenue fund (339), OTDA training contract account (48). 14. $148,000,000 from the miscellaneous special revenue fund (339), youth facility per Diem account (YF), to the general fund. 15. $10,000,000 from any of the office of temporary and disability assistance special revenue federal funds, to the miscellaneous special revenue fund (339), electronic benefit transfer and common benefit iden- tification card account (GD). 16. Up to $3,500,000 from the combined gifts, grants, and bequests fund (020), WB Hoyt Memorial account (78) to the general fund. 17. $1,300,000 from any of the office of temporary and disability assistance and department of health special revenue federal funds to the miscellaneous special revenue fund (339) welfare inspector general administrative reimbursement account (WW). 18. Up to $11,922,000 from the miscellaneous special revenue fund (339) state central registry (CY) to the general fund. General Government: 1. $1,566,000 from the miscellaneous special revenue fund (339), exam- ination and miscellaneous revenue account (ER) to the general fund. 2. $12,500,000 from the general fund to the health insurance revolving fund (396). 3. $192,400,000 from the health insurance reserve receipts fund (167) to the general fund. 4. $150,000 from the general fund to the not-for-profit revolving loan fund (055).
5. $150,000 from the not-for-profit revolving loan fund (055) to the general fund. 6. $11,000,000 from the miscellaneous special revenue fund (339), real property disposition account (BP), to the general fund. 7. $3,000,000 from the miscellaneous special revenue fund (339), surplus property account (DE), to the general fund. 8. $19,260,000 from the general fund to the miscellaneous special revenue fund (339), alcoholic beverage control account (DB). 9. $1,500,000 from the miscellaneous special revenue fund (339), federal liability account (FL), to the general fund. 10. $23,000,000 from the miscellaneous special revenue fund (339), revenue arrearage account (CR), to the general fund. 11. $1,826,000 from the miscellaneous special revenue fund (339) revenue arrearage account (CR), to the miscellaneous special revenue fund (339) authority budget office account. 12. $60,000,000 from any account within the special revenue federal funds receiving money pursuant to federal Medicare Part D legislation to the general fund. 13. $1,000,000 from the miscellaneous special revenue fund (339), parking services account (BQ), to the general fund, for the purpose of reimbursing the costs of debt service related to state parking facili- ties. 14. Up to $45,000,000 from the general fund to the miscellaneous special revenue fund (339), statewide financial system account (FM). Health: 1. $12,000,000 from any of the department of health accounts within the federal health and human services fund (265) to the general fund. 2. $139,560,000 from any of the department of health accounts within the federal health and human services fund (265) to the miscellaneous special revenue fund (339), quality of care account (20). 3. $1,000,000 from the general fund to the combined gifts, grants and bequests fund (020), breast cancer research and education account (BD), an amount equal to the monies collected and deposited into that account in the previous fiscal year. 4. $2,464,000 from any of the department of health accounts within the federal health and human services fund (265) to the department of health miscellaneous special revenue fund (339), statewide planning and research cooperation system (SPARCS) program account (03). 5. $250,000 from the general fund to the combined gifts, grants and bequests fund (020), prostate cancer research, detection, and education account (PR), an amount equal to the moneys collected and deposited into that account in the previous fiscal year. 6. $500,000 from the general fund to the combined gifts, grants and bequests fund (020), Alzheimer's disease research and assistance account (AA), an amount equal to the moneys collected and deposited into that account in the previous fiscal year. 7. $1,000,000 from the miscellaneous special revenue fund (339), administration account (AP), to the general fund. 8. $600,000,000 from any of the department of health accounts within the federal health and human services fund (265) to the miscellaneous special revenue fund (339), federal state health reform partnership account (FS). 9. $50,000,000 from the general fund to the miscellaneous special revenue fund (339), empire state stem cell trust fund account (SR). 10. $1,250,000 from the miscellaneous New York state agency fund (169), medical assistance account to the department of health miscella-
neous special revenue fund (339), third party health insurance account (35). 11. $3,700,000 from the miscellaneous New York state agency fund (169), medical assistance account to the office of medicaid inspector general miscellaneous special revenue fund (339), recoveries and revenue account (C9). 12. $1,500,000 from the general fund to the miscellaneous special revenue fund (339), quality of care improvement account (QC). Labor: 1. $700,000 from the labor standards miscellaneous special revenue fund (339), fee and penalty account (30), to the child performer protection fund (025), child performer protection account (CP). 2. $8,000,000 from the labor standards miscellaneous special revenue fund (339), fee and penalty account (30), to the general fund. 3. $10,500,000 from the unemployment insurance interest and penalty special revenue fund (482), unemployment insurance special interest and penalty account (01), to the general fund. 4. $2,700,000 from the labor standards miscellaneous special revenue fund (339), public work enforcement account (BA), to the general fund. 5. $1,500,000 from the training and education program on occupational safety and health fund (305), occupational safety and health inspection account (02), to the general fund. Mental Hygiene: 1. $5,000,000 from the miscellaneous special revenue fund (339), mental hygiene patient income account (13), to the miscellaneous special revenue fund (339), federal salary sharing account (EC). 2. $240,000,000 from the miscellaneous special revenue fund (339), mental hygiene patient income account (13) to the miscellaneous special revenue fund (339), provider of service accounts (05). 3. $220,000,000 from the miscellaneous special revenue fund (339), mental hygiene program fund account (10) to the miscellaneous special revenue fund (339), provider of service account (05). 4. $150,000,000 from the general fund to the miscellaneous special revenue fund (339), mental hygiene patient income account (13). 5. $150,000,000 from the general fund to the miscellaneous special revenue fund (339), mental hygiene program fund account (10). 6. $275,000,000 from the miscellaneous special revenue fund (339), mental hygiene program fund account (10) to the general fund. 7. $180,000,000 from the miscellaneous special revenue fund (339), mental hygiene patient income account (13) to the general fund. Public Protection: 1. $1,350,000 from the miscellaneous special revenue fund (339), emer- gency management account (61), to the general fund. 2. $3,300,000 from the general fund to the miscellaneous special revenue fund (339), recruitment incentive account (U2). 3. $9,500,000 from the general fund to the correctional industries revolving fund (397), correctional industries internal service account (00). 4. $8,678,000 from the miscellaneous special revenue fund (339), statewide public safety communications account (LZ), to the general debt service fund (311), revenue bond tax account (02). 5. $10,000,000 from federal miscellaneous operating grants fund (290), DMNA damage account (71), to the general fund. 6. $16,000,000 from the general fund to the miscellaneous special revenue fund (339), crimes against revenue program account (CA).
7. $20,000,000 from any office of homeland security account within the federal miscellaneous operating grants fund (290), receiving money through the homeland security grants program, to the general fund. 8. $11,500,000 from the federal miscellaneous operating grants fund (290) world trade center account, to the general fund. 9. $22,100,000 from the miscellaneous special revenue fund (339) crim- inal justice improvement account (62) to the general fund. 10. $20,000,000 from the miscellaneous special revenue fund (339), statewide public safety communications account (LZ), to the general fund. 11. $4,000,000 from the miscellaneous special revenue fund (339) crim- inal justice improvement account (62) to the miscellaneous special revenue fund (339) legal services assistance account (IM). 12. $660,000 from the miscellaneous special revenue fund (339), cell tower account (CT), to the general fund. Transportation: 1. $17,672,000 from the federal miscellaneous operating grants fund (290) to the special revenue fund (339), tri-state federal regional planning account (17). 2. $20,147,000 from the federal capital projects fund (291) to the special revenue fund (339), tri-state federal regional planning accounts (17). 3. $15,368,000 from the miscellaneous special revenue fund (339), compulsory insurance account (H7), to the general fund. 4. $19,000,000 from the general fund to the mass transportation oper- ating assistance fund (313), public transportation systems operating assistance account (01). 5. $575,000,000 from the general fund to the dedicated highway and bridge trust fund (072). 6. $606,000 from the miscellaneous special revenue fund (339), inter- net point insurance reduction program account (IC), to the general fund. 7. $2,935,000 from the clean air fund (314), mobile source account (02), to the general fund. 8. $5,000 from the miscellaneous special revenue fund (339), motorcy- cle safety account (AE), to the general fund. 9. $165,000,000 from the mass transportation operating assistance fund (313), metropolitan mass transportation operating assistance account (02), to the general debt service fund (311), for reimbursement of the state's expenses in connection with payments of debt service and related expenses for the metropolitan transportation authority's state service contract bonds. 10. $16,721,000 from the mass transportation operating assistance fund (313), metropolitan mass transportation operating assistance account (02) to the mass transportation operating assistance fund (313) public transportation systems operating assistance account (01). 11. $35,008,000 from the mass transportation operating assistance fund (313), metropolitan mass transportation operating assistance account (02) to the general fund. Miscellaneous: 1. $75,000,000 from the general fund to any funds or accounts for the purpose of reimbursing certain outstanding accounts receivable balances. 2. $250,000,000 from the general fund to the debt reduction reserve fund (064). S 3. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, on or before March 31, 2012:
1. Upon request of the commissioner of environmental conservation, up to $10,777,000 from revenues credited to any of the department of envi- ronmental conservation special revenue funds, including $3,142,800 from the environmental protection and oil spill compensation fund (303), and $1,742,600 from the conservation fund (302), to the environmental conservation special revenue fund (301), indirect charges account (BJ). 2. Upon request of the commissioner of agriculture and markets, up to $3,000,000 from any special revenue fund or enterprise fund within the department of agriculture and markets to the miscellaneous special revenue fund (339) administrative costs account, to pay appropriate administrative expenses. 3. Upon request of the commissioner of agriculture and markets, up to $2,000,000 from the state exposition special fund (325), state fair receipts account (01) to the miscellaneous capital projects fund (387), state fair capital improvement account (13). 4. Upon request of the commissioner of the division of housing and community renewal, up to $5,500,000 from revenues credited to any divi- sion of housing and community renewal miscellaneous special revenue fund (339) to the agency cost recovery account (HI). 5. Upon request of the commissioner of the division of housing and community renewal, up to $5,500,000 may be transferred from any miscel- laneous special revenue fund account (339), to any miscellaneous special revenue fund (339). 6. Upon request of the commissioner of health up to $15,000,000 from revenues credited to any of the department of health's special revenue funds, to the miscellaneous special revenue fund (339), administration account (AP). S 4. Notwithstanding section 2815 of the public health law or any other contrary provision of law, upon the direction of the director of the budget and the commissioner of health, the dormitory authority of the state of New York is directed to transfer seven million dollars annually from funds available and uncommitted in the New York state health care restructuring pool to the health care reform act (HCRA) resources fund - HCRA resources account. S 5. On or before March 31, 2012, the comptroller is authorized and directed to transfer the unencumbered balance from the family benefit fund (329) to the general fund. S 6. On or before March 31, 2012, the comptroller is hereby authorized and directed to deposit earnings that would otherwise accrue to the general fund that are attributable to the operation of section 98-a of the state finance law, to the agencies internal service fund (334), banking services account (12), for the purpose of meeting direct payments from such account. S 7. Notwithstanding any law to the contrary, upon the direction of the director of the budget and upon requisition by the state university of New York, the dormitory authority of the state of New York is directed to transfer, up to $22,000,000 in revenues generated from the sale of notes or bonds, to the state university of New York for reimbursement of bondable equipment for further transfer to the state's general fund. S 8. Notwithstanding any law to the contrary, the state university chancellor or her designee is authorized and directed to transfer esti- mated tuition revenue balances from the state university collection fund (344) to the state university fund (345), state university revenue offset account (12) on or before March 31, 2012.
S 9. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the state university chancel- lor or her designee, up to $50,000,000 from the state university income fund (345), state university hospitals income reimbursable account (22), for hospital income reimbursable for services and expenses of hospital operations and capital expenditures at the state university hospitals, and the state university income fund (345) Long Island veterans' home account (09) to the state university capital projects fund (384) on or before June 30, 2012. S 10. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller, after consultation with the state university chancellor or his or her designee, is hereby authorized and directed to transfer moneys, in the first instance, from the state university collection fund (344), Stony Brook hospital collection account (07), Brooklyn hospital collection account (08), and Syracuse hospital collection account (09) to the state university income fund (345), state university hospitals income reimbursable account (22) in the event insufficient funds are available in the state university income fund (345), state university hospitals income reimbursable account (22) to transfer moneys, in amounts sufficient to permit the full transfer of moneys authorized for transfer, to the general fund for payment of debt service related to the SUNY hospitals. Notwithstanding any law to the contrary, the comptroller is also hereby authorized and directed, after consultation with the state university chancellor or his or her designee, to transfer moneys from the state university income fund (345) to the state university income fund (345), state university hospitals income reimbursable account (22) in the event insufficient funds are available in the state university income fund (345), state university hospitals income reimbursable account (22) to pay hospital operating costs or to transfer moneys, in amounts sufficient to permit the full transfer of moneys authorized for transfer, to the general fund for payment of debt service related to the SUNY hospitals on or before March 31, 2012. S 11. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer monies, upon request of the director of the budget, on or before March 31, 2012, from and to any of the following accounts: the miscellaneous special revenue fund (339), patient income account (13), the miscellaneous special revenue fund (339), mental hygiene program fund account (10) or the general fund in any combina- tion, the aggregate of which shall not exceed $350 million. S 12. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $500 million from the unencumbered balance of any special revenue fund or account, or combination of funds and accounts, to the general fund. The amounts transferred pursuant to this authorization shall be in addition to any other transfers expressly authorized in the 2011-12 budget. Transfers from federal funds, debt service funds, capital projects funds, or the community projects fund are not permitted pursu- ant to this authorization. The director of the budget shall notify both houses of the legislature in writing prior to initiating transfers pursuant to this authorization. S 13. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget, up to $75 million from the unencumbered balance of any non-general fund or account, or combination of funds and accounts, to the general fund. The amounts transferred pursuant to this authorization shall be equal to those savings achieved in such non-general funds as a result of work- force savings actions and are in addition to any other transfers expressly authorized. Transfers from federal funds are not permitted pursuant to this authorization. The director of the budget shall notify both houses of the legislature in writing prior to initiating transfers pursuant to this authorization. S 14. Notwithstanding any provision of law to the contrary, the power authority of the state of New York, as deemed feasible and advisable by its trustees, is authorized and directed to make a contribution to the state treasury to the credit of the general fund in the amount of $100,000,000 for the fiscal year commencing April 1, 2011. The power authority of the state of New York will transfer not less than $40,000,000 by June 30, 2011 and will transfer the remainder, up to $60,000,000, by January 31, 2012. S 14-a. In addition to any payment made by a public benefit corpo- ration pursuant to an assessment imposed under sections 2975, 2975-a, 2976 and 2976-a of the public authorities law, a public benefit corpo- ration is authorized to make voluntary contributions to the state gener- al fund for any lawful purpose at any time from any public benefit corporation funds in such amounts as deemed to be feasible and advisable by such public benefit corporation's governing board after due consider- ation of the public benefit corporation's legal and financial obli- gations. Notwithstanding any other law, the payment of a voluntary payment pursuant to this subdivision is deemed to be a valid and proper purpose for which available funds may be applied. Voluntary contrib- utions made pursuant to this subdivision shall be payable to the state treasury to the credit of the general fund. S 15. Notwithstanding any provision of law to the contrary, the foun- dation for science, technology and innovation, as deemed feasible and advisable by its board of directors, is authorized and directed to make a contribution to the state treasury to the credit of the general fund in the amount of $500,000 for the fiscal year commencing April 1, 2011. S 16. Subdivision 5 of section 97-rrr of the state finance law, as amended by section 15 of part JJ of chapter 56 of the laws of 2010, is amended to read as follows: 5. Notwithstanding the provisions of section one hundred seventy-one-a of the tax law, as separately amended by chapters four hundred eighty- one and four hundred eighty-four of the laws of nineteen hundred eight- y-one, or any other provisions of law to the contrary, during the fiscal year beginning April first, two thousand ten, the state comptroller is hereby authorized and directed to deposit to the fund created pursuant to this section from amounts collected pursuant to article twenty-two of the tax law and pursuant to a schedule submitted by the director of the budget, up to [$3,308,000,000] $3,292,520,000, as may be certified in such schedule as necessary to meet the purposes of such fund for the fiscal year beginning April first, two thousand [ten] ELEVEN. S 17. Subdivision (b) of section 19-a of part PP of chapter 56 of the laws of 2009, providing funding for certain community projects, relating to increasing such funding, is REPEALED. S 18. The comptroller is authorized and directed to deposit to the general fund-state purposes account reimbursements from moneys appropri- ated or reappropriated to the correctional facilities capital improve-
ment fund (399) by a chapter of the laws of 2011. Reimbursements shall be available for spending from appropriations made to the department of correctional services in the general fund-state purposes account by a chapter of the laws of 2011 for costs associated with the administration and security of capital projects and for other costs which are attribut- able, according to a plan, to such capital projects. S 19. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the capital projects fund, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation for $29,772,000 authorized by chapter 54 of the laws of 2001 to the department of environmental conservation for payment of a portion of the state's match for federal capitalization grants for the water pollution control revolving loan fund. S 20. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit, to the credit of the capital projects fund, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation for $29,365,000 authorized by chapter 54 of the laws of 2002 to the department of environmental conservation for payment of a portion of the state's match for federal capitalization grants for the water pollution control revolving loan fund, reimburse- ment from the proceeds of notes and bonds issued by the urban develop- ment corporation or other financing source for a capital appropriation for $89,000,000 authorized by chapter 50 of the laws of 2002 to the office of general services for payment of capital construction costs for the Alfred E. Smith office building located in the city of Albany, reimbursement from the proceeds of notes and bonds issued by the urban development corporation or other financing source for capital appropri- ations for $1,500,000 authorized by chapter 50 of the laws of 2002 to the office of general services for payment of capital construction costs for the Elk street parking garage building located in the city of Alba- ny, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for disbursements of up to $12,000,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2002 to the office of general services for various purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $13,250,000 authorized by chapter 55 of the laws of 2002 to the energy research and development authority for the Western New York Nuclear Service Center at West Valley, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $14,300,000 authorized by chapter 55 of the laws of 2002 to the urban development corporation to finance a portion of the jobs now program, reimbursement from the proceeds of notes or bonds issued by the dormitory authority for disbursements of up to $20,800,000 from any capital appropriation or reappropriation authorized by chapter 51 of the laws of 2002 to the judiciary for courthouse improvements, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for disbursements of up to $15,000,000 from appropriations or reappropriations authorized by chapter 50 of the laws of 2002 to any agency for costs related to homeland security, and reimbursement from the proceeds of notes or bonds issued by the environ- mental facilities corporation for a capital appropriation of $10,000,000 authorized by chapter 54 of the laws of 2002 to the department of envi- ronmental conservation for Onondaga lake.
S 21. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the capital projects fund, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation of $30,174,000 authorized by chapter 55 of the laws of 2003 to the department of environmental conservation for payment of a portion of the state's match for federal capitalization grants for the water pollution control revolving loan fund, reimburse- ment from the proceeds of notes or bonds issued by the urban development corporation or other financing source for a capital appropriation of $19,500,000 authorized by chapter 50 of the laws of 2003 to the office of general services for payment of capital construction costs for the 51 Elk street parking garage building located in the city of Albany, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for disbursements of up to $10,000,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2003 to the office of general services for various purposes, reimbursement from the proceeds of notes or bonds issued by the environ- mental facilities corporation for a capital appropriation of $13,250,000 authorized by chapter 55 of the laws of 2003 to the energy research and development authority for the Western New York Nuclear Service Center at West Valley, reimbursement from the proceeds of notes or bonds issued by the dormitory authority for disbursements of up to $16,400,000 from any capital appropriation or reappropriation authorized by chapter 51 of the laws of 2003 to the judiciary for courthouse improvements, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for disbursements of up to $10,000,000 from appropriations or reappropriations authorized by chapter 50 of the laws of 2003 to any agency for costs related to homeland security, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation of $10,000,000 authorized by chapter 55 of the laws of 2003 to the department of environmental conservation for Onondaga lake, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corporation for disbursements of up to $11,000,000 from any capital appropriations or reappropriations authorized by chapter 55 of the laws of 2003 to the department of envi- ronmental conservation for environmental purposes, and reimbursement from the proceeds of notes or bonds issued by the dormitory authority for disbursements of up to $100,000,000 from a capital appropriation authorized by chapter 50 of the laws of 2003 to the department of state for enhanced 911 wireless service. S 22. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the capital projects fund, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation for $28,893,000 authorized by chapter 55 of the laws of 2004 to the department of environmental conservation for payment of a portion of the state's match for federal capitalization grants for the water pollution control revolving loan fund, reimburse- ment from the proceeds of notes or bonds issued by the urban development corporation for disbursements of up to $10,000,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2004 to the office of general services for various purposes, reimburse- ment from the proceeds of notes or bonds issued by the environmental facilities corporation for a capital appropriation of $11,350,000 authorized by chapter 55 of the laws of 2004 to the energy research and
development authority for the Western New York Nuclear Service Center at West Valley, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corporation, for a capital appropriation of $10,000,000 authorized by chapter 55 of the laws of 2004 to the depart- ment of environmental conservation for Onondaga lake, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corporation for disbursements of up to $11,000,000 from any capital appropriations or reappropriations authorized by chapter 55 of the laws of 2004 to the department of environmental conservation for environ- mental purposes, reimbursement from the proceeds of notes or bonds issued by the dormitory authority for a capital appropriation of $80,000,000 authorized by chapter 53 of the laws of 2004 to the educa- tion department for capital transition grants for transportation, reimbursement from the proceeds of notes or bonds issued by the dormito- ry authority for a capital appropriation of $243,000,000 authorized by chapter 55 of the laws of 2004 for payment of costs related to economic development projects, reimbursement from the proceeds of bonds or notes issued by the urban development corporation for a capital appropriation of $83,500,000 authorized by chapter 53 of the laws of 2006, as amended by chapter 108 of the laws of 2006, for payment of costs related to the H. H. Richardson complex and the Darwin Martin House, and reimbursement from the proceeds of notes or bonds issued by the dormitory authority for a capital appropriation of $290,000,000 authorized by chapter 3 of the laws of 2004 for the New York state economic development program. S 23. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the capital projects fund, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation of $29,602,000 authorized by chapter 55 of the laws of 2005 to the department of environmental conservation for payment of a portion of the state's match for federal capitalization grants for the water pollution control revolving loan fund, reimburse- ment from the proceeds of notes or bonds issued by the urban development corporation for disbursements of up to $10,000,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2005 to the office of general services for various purposes, reimburse- ment from the proceeds of notes or bonds issued by the environmental facilities corporation for a capital appropriation of $11,350,000 authorized by chapter 55 of the laws of 2005 to the energy research and development authority for the Western New York Nuclear Service Center at West Valley, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corporation for a capital appropriation of $10,000,000 authorized by chapter 55 of the laws of 2005 to the depart- ment of environmental conservation for Onondaga lake, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corporation for disbursements of up to $11,000,000 from any capital appropriations or reappropriations authorized by chapter 55 of the laws of 2005 to the department of environmental conservation for environ- mental purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $350,000,000 authorized by chapter 55 of the laws of 2005 for the Javits center, reimbursement from the proceeds of notes or bonds issued by the dormitory authority for a capital appropriation of $88,344,000 authorized by chapter 62 of the laws of 2005 for regional development, reimbursement from the proceeds of notes or bonds issued by the dormito- ry authority for a capital appropriation of $176,661,000 authorized by
chapter 62 of the laws of 2005 for technology and development, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $48,517,000 authorized by chapter 162 of the laws of 2005 for the New York state economic development program, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $150,000,000 authorized by chapter 62 of the laws of 2005 for the higher education facilities capital matching grants program, reimbursement from the proceeds of notes or bonds issued by the dormitory authority or other financing source for a capital appropri- ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to the office of general services for payment of capital construction costs for the Elk street parking garage building located in the city of Albany, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $15,000,000 authorized by chapter 53 of the laws of 2005 to the state education department for payment of capital construction costs for public broad- casting facilities, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi- sion of state police for public protection facilities, and reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital disbursements of up to $3,000,000 from any capi- tal appropriation or reappropriation authorized by chapter 50 of the laws of 2005 to the division of military and naval affairs for various purposes. S 24. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the capital projects fund, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation for $29,600,000 authorized by chapter 55 of the laws of 2006 to the department of environmental conservation for payment of a portion of the state's match for federal capitalization grants for the water pollution control revolving loan fund, reimburse- ment from the proceeds of notes or bonds issued by the urban development corporation for disbursements of up to $20,000,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2006 to the office of general services for various purposes, reimburse- ment from the proceeds of notes or bonds issued by the environmental facilities corporation for a capital appropriation of $14,000,000 authorized by chapter 55 of the laws of 2006 to the energy research and development authority for the Western New York Nuclear Service Center at West Valley, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corporation for a capital appropriation of $10,000,000 authorized by chapter 55 of the laws of 2006 to the depart- ment of environmental conservation for Onondaga lake, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corporation for disbursements of up to $12,000,000 from any capital appropriations or reappropriations authorized by chapter 55 of the laws of 2006 to the department of environmental conservation for environ- mental purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital disbursements of up to $3,000,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2006 to the division of military and naval affairs for various purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for
disbursements of up to $12,400,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2006 to the division of state police for public protection facilities, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $117,000,000 authorized by chapter 50 of the laws of 2006 to all state departments and agencies for the purchase of equipment, reimbursement from the proceeds of notes or bonds issued by the dormitory authority or the urban development corpo- ration for all or a portion of capital appropriations of $603,050,000 authorized by chapter 108 of the laws of 2006 to the urban development corporation for economic development/other projects, reimbursement from the proceeds of notes or bonds issued by the urban development corpo- ration for a capital appropriation of $269,500,000 authorized by chapter 108 of the laws of 2006 to the dormitory authority or the urban develop- ment corporation for economic development projects, reimbursement from the proceeds of notes or bonds issued by the dormitory authority or the urban development corporation for a capital appropriation of $201,500,000 authorized by chapter 108 of the laws of 2006 to the urban development corporation for university development projects, reimburse- ment from the proceeds of notes or bonds issued by the dormitory author- ity or for a capital appropriation of $143,000,000 authorized by chapter 108 of the laws of 2006 to the urban development corporation for cultural facilities projects, reimbursement from the proceeds of notes or bonds issued by the dormitory authority or the urban development corporation for capital appropriations totaling $60,000,000 authorized by chapter 108 of the laws of 2006 to the urban development corporation for energy/environmental projects, reimbursement from the proceeds of notes or bonds issued by the dormitory authority or the urban develop- ment corporation for a capital appropriation of $20,000,000 authorized by chapter 108 of the laws of 2006 to the urban development corporation for a competitive solicitation for construction of a pilot cellulosic ethanol refinery, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban development corporation for services and expenses related to infrastruc- ture for a new stadium in Queens county, and reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban development corporation for services and expenses related to infrastructure improvements to construct a new park- ing facility at a new stadium in Bronx county, reimbursement from the proceeds of notes and bonds issued by the environmental facilities corporation for a capital appropriation of $5,000,000 authorized by chapter 55 of the laws of 2006 to the environmental facilities corpo- ration for payment for the pipeline for jobs program, reimbursement from the proceeds of notes or bonds issued by the dormitory authority for capital disbursements of up to $14,000,000 from any capital appropri- ation or reappropriation authorized by chapter 53 of the laws of 2006 for the library construction purpose, reimbursement from the proceeds of notes or bonds issued by the urban development corporation or the dormi- tory authority for an appropriation of $1,200,000 authorized by chapter 53 of the laws of 2006 for the towns of Bristol and Canandaigua public water systems, reimbursement from the proceeds of notes or bonds issued by the urban development corporation or the dormitory authority for an appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006 for Belleayre mountain ski center, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi- tory authority for an appropriation of $25,000,000 authorized by chapter 53 of the laws of 2006 for the town of Smithtown/Kings Park psychiatric center rehabilitation, reimbursement from the proceeds of notes or bonds issued by the urban development corporation or the dormitory authority for an appropriation of $5,000,000 authorized by chapter 108 of the laws of 2006 for a state of New York umbilical cord bank, reimbursement from the proceeds of notes or bonds issued by the urban development corpo- ration or the dormitory authority for an appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006 for an Old Gore mountain ski bowl connection, reimbursement from the proceeds of notes or bonds issued by the urban development corporation or the dormitory authority for an appropriation of $2,000,000 authorized by chapter 53 of the laws of 2006 for a Cornell equine drug testing laboratory, reimbursement from the proceeds of notes or bonds issued by the urban development corpo- ration or the dormitory authority for an appropriation of $2,000,000 authorized by chapter 53 of the laws of 2006 for a Fredonia vineyard laboratory, reimbursement from the proceeds of notes or bonds issued by the urban development corporation or the dormitory authority for an appropriation of $99,500,000 authorized by chapter 108 of the laws of 2006 to the office for technology for payment of capital construction costs for a consolidated data center, reimbursement from the proceeds of notes or bonds issued by the dormitory authority or the urban develop- ment corporation for an appropriation of $40,000,000 authorized by chap- ter 108 of the laws of 2006 for a food testing laboratory, reimbursement from the proceeds of notes or bonds issued by the New York state thruway authority for an appropriation of $22,000,000 authorized by chapter 108 of the laws of 2006 to the department of transportation for high speed rail, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital disbursements of up to $500,000,000 from an appropriation authorized by chapter 108 of the laws of 2006 to the urban development corporation for development of a semi- conductor manufacturing facility, reimbursement from the proceeds of notes or bonds issued by the urban development corporation of up to $150,000,000 from an appropriation authorized by chapter 108 of the laws of 2006 to the urban development corporation for research and develop- ment activities of a semiconductor manufacturer, and reimbursement from the proceeds of notes or bonds issued by the urban development corpo- ration for capital disbursements of up to $300,000,000 from an appropri- ation to the urban development corporation authorized by chapter 108 of the laws of 2006 for community revitalization projects. S 25. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the capital projects fund, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation of $29,600,000 authorized by chapter 55 of the laws of 2007 to the department of environmental conservation for payment of a portion of the state's match for federal capitalization grants for the water pollution control revolving loan fund, reimburse- ment from the proceeds of notes or bonds issued by the urban development corporation for disbursements of up to $20,000,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2007 to the office of general services for various purposes, reimburse- ment from the proceeds of notes or bonds issued by the environmental facilities corporation for a capital appropriation of $13,500,000 authorized by chapter 55 of the laws of 2007 to the energy research and
development authority for the Western New York Nuclear Service Center at West Valley, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corporation for a capital appropriation of $10,000,000 authorized by chapter 55 of the laws of 2007 to the depart- ment of environmental conservation for Onondaga lake, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corporation for disbursements of up to $12,000,000 from any capital appropriations or reappropriations authorized by chapter 55 of the laws of 2007 to the department of environmental conservation for environ- mental purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital disbursements of up to $3,000,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2007 to the division of military and naval affairs for various purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for disbursements from a capital appropriation of $50,000,000 authorized by chapter 50 of the laws of 2007 to the division of state police for construction of a Troop G facility, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for disburse- ments from a capital appropriation of $6,000,000 authorized by chapter 50 of the laws of 2007 to the division of state police for construction of evidence storage facilities, reimbursement from the proceeds of notes or bonds issued by the dormitory authority or the urban development corporation for capital appropriations totaling $77,900,000 authorized by chapter 51 of the laws of 2007 to the judiciary for court training facilities and courthouse improvement projects, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $20,000,000 authorized by chapter 50 of the laws of 2007 to all state departments and agencies for the purchase of equipment, reimbursement from the proceeds of notes or bonds issued by the dormitory authority for capital disbursements of up to $14,000,000 from any capital appropriation or reappropriation authorized by chapter 53 of the laws of 2007 for library construction, reimburse- ment from the proceeds of notes or bonds issued by the dormitory author- ity for capital disbursements of up to $60,000,000 from any capital appropriation or reappropriation authorized by chapter 53 of the laws of 2007 for cultural education storage facilities, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital disbursements of up to $15,000,000 from any capital appro- priation or reappropriation authorized by chapter 55 of the laws of 2007 for Roosevelt Island Operating Corporation aerial tramway, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital disbursements of up to $20,000,000 from any capital appropriation or reappropriation authorized by chapter 55 of the laws of 2007 for Governor's Island, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital disbursements of up to $7,500,000 from any capital appropriation or reappropriation authorized by chapter 55 of the laws of 2007 for Harri- man research and technology park, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital disbursements of up to $7,950,000 from any capital appropriation or reappropriation authorized by chapter 55 of the laws of 2007 for USA Niagara, and reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital disbursements of up to $1,300,000 from appropriations authorized by chapter 50 of the laws of
2007 made to the office of general services for legislative office building hearing rooms. S 26. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the capital projects fund, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation of $29,600,000 authorized by chapter 55 of the laws of 2008 to the department of environmental conservation for payment of a portion of the state's match for federal capitalization grants for the water pollution control revolving loan fund, reimburse- ment from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $141,000,000 authorized by chapter 50 of the laws of 2008 to all state departments and agencies for the purchase of equipment or systems development, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for disbursements of up to $45,500,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2008 to the office of general services for various purposes, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation of $13,500,000 authorized by chapter 55 of the laws of 2008 to the energy research and development authority for the Western New York Nuclear Service Center at West Valley, reimbursement from the proceeds of notes or bonds issued by the environ- mental facilities corporation for a capital appropriation of $10,000,000 authorized by chapter 55 of the laws of 2008 to the department of envi- ronmental conservation for Onondaga lake, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for disbursements of up to $12,000,000 from any capital appropri- ations or reappropriations authorized by chapter 55 of the laws of 2008 to the department of environmental conservation for environmental purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital disbursements of up to $3,000,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2008 to the division of military and naval affairs for various purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008 to the office for technology for activities related to broadband service, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $6,000,000 authorized by chapter 50 of the laws of 2008 to the division of state police for rehabilitation of facilities, reimbursement from the proceeds of notes or bonds issued by the dormitory authority of the state of New York or other financing source for a capital appropriation authorized by chapter 53 of the laws of 2008 of $14,000,000 to the education depart- ment for library construction, reimbursement from the proceeds of notes or bonds issued by the dormitory authority of the state of New York or other financing source for a capital appropriation authorized by chapter 53 of the laws of 2008 of $15,000,000 to the education department for museum renewal projects, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appropri- ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the urban development corporation for services and expenses related to the investment opportunity fund, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appropri- ation of $28,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related to arts and cultural projects, reimbursement from the proceeds of bonds or notes issued by the urban development corporation for a capital appropriation of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic and community development projects, reimbursement from the proceeds of bonds or notes issued by the urban development corporation for a capital appropriation of $30,000,000 authorized by chapter 53 of the laws of 2008 for New York city waterfront development projects, reimbursement from the proceeds of bonds or notes issued by the urban development corporation for a capital appropriation of $45,000,000 authorized by chapter 53 of the laws of 2008 for Luther Forest infrastructure projects, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appropriation of $35,000,000 authorized by chapter 53 of the laws of 2008 to the urban development corporation for services and expenses related to downstate regional projects, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appropriation of $137,037,000 authorized by chapter 53 of the laws of 2008 to the urban development corporation for services and expenses related to upstate city-by-city projects, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appropriation of $35,000,000 authorized by chapter 53 of the laws of 2008 to the urban development corporation for services and expenses related to the down- state revitalization projects, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appro- priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to the urban development corporation for services and expenses related to the upstate regional blueprint fund, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appropriation of $25,000,000 authorized by chapter 53 of the laws of 2008 to the urban development corporation for services and expenses related to the upstate agricultural economic development fund, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appropriation of $350,000,000 authorized by chapter 53 of the laws of 2008 to the urban development corporation for services and expenses related to the New York state capital assistance program, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appropri- ation of $341,332,000 authorized by chapter 53 of the laws of 2008 to the urban development corporation for services and expenses related to the New York state economic development assistance program, and reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appropriation of $20,000,000 author- ized by chapter 55 of the laws of 2008 to the urban development corpo- ration for services and expenses related to the empire state economic development fund. S 27. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the capital projects fund, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation of $29,600,000 authorized by chapter 55 of the laws of 2009 to the department of environmental conservation for payment of a portion of the state's match for federal capitalization grants for the water pollution control revolving loan fund, reimburse- ment from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $129,800,000 authorized by
chapter 50 of the laws of 2009 to all state departments and agencies for the purchase of equipment or systems development, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for disbursements of up to $24,000,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2009 to the office of general services for various purposes, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation of $13,500,000 authorized by chapter 55 of the laws of 2009 to the energy research and development authority for the Western New York Nuclear Service Center at West Valley, reimbursement from the proceeds of notes or bonds issued by the environ- mental facilities corporation for a capital appropriation of $10,000,000 authorized by chapter 55 of the laws of 2009 to the department of envi- ronmental conservation for Onondaga lake, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for disbursements of up to $12,000,000 from any capital appropri- ations or reappropriations authorized by chapter 55 of the laws of 2009 to the department of environmental conservation for environmental purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital disbursements of up to $3,000,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2009 to the division of military and naval affairs for various purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009 to the division of state police for rehabilitation of facilities, reimbursement from the proceeds of notes or bonds issued by the dormito- ry authority of the state of New York or other financing source for a capital appropriation authorized by chapter 53 of the laws of 2009 of $14,000,000 to the state education department for library construction, reimbursement from the proceeds of notes or bonds issued by the dormito- ry authority of the state of New York or other financing source for a capital appropriation of $4,000,000 to the state education department for rehabilitation associated with the St. Regis Mohawk elementary school authorized by chapter 53 of the laws of 2009 and reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appropriation of $25,000,000 authorized by chap- ter 55 of the laws of 2009 to the urban development corporation for services and expenses related to the empire state economic development fund. S 28. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the capital projects fund, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation of $29,600,000 authorized by chapter 55 of the laws of 2010 to the department of environmental conservation for payment of a portion of the state's match for federal capitalization grants for the water pollution control revolving loan fund, reimburse- ment from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $187,285,000 authorized by chapter 50 of the laws of 2010 to all state departments and agencies for the purchase of equipment or systems development, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for disbursements of up to $26,950,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2010 to the office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation of $5,000,000 authorized by chapter 55 of the laws of 2010 to the department of environmental conservation for Onondaga lake, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corporation for disbursements of up to $12,000,000 from any capital appropriations or reappropriations authorized by chapter 55 of the laws of 2010 to the department of envi- ronmental conservation for environmental purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corpo- ration for capital disbursements of up to $3,000,000 from any capital appropriation or reappropriation authorized by chapter 50 of the laws of 2010 to the division of military and naval affairs for various purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $6,000,000 authorized by chapter 50 of the laws of 2010 to the division of state police for rehabilitation of facilities, reimbursement from the proceeds of notes or bonds issued by the dormitory authority of the state of New York or other financing source for a capital appropriation of $14,000,000 authorized by chapter 53 of the laws of 2010 to the state education department for library construction, reimbursements from the proceeds of notes or bonds issued by the dormitory authority of the state of New York or other financing source for a capital appropriation of $20,400,000 authorized by chapter 100 of the laws of 2010 to the state education department for the longitudinal data system and reimbursement from the proceeds of notes or bonds issued by the dormito- ry authority of the state of New York or other financing source for a capital appropriation of $42,000,000 for the state preparedness and training center. S 29. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the capital projects fund, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for a capital appropriation of $35,000,000 authorized by a chap- ter of the laws of 2011 to the department of environmental conservation for payment of a portion of the state's match for federal capitalization grants for the water pollution control revolving loan fund, reimburse- ment from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $92,751,000 authorized by a chapter of the laws of 2011 to all state departments and agencies for the purchase of equipment or systems development, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for disbursements of up to $40,000,000 from any capital appropriation or reappropriation authorized by a chapter of the laws of 2011 to the office of general services for various purposes, reimbursement from the proceeds of notes or bonds issued by the environmental facilities corpo- ration for disbursements of up to $12,000,000 from any capital appropri- ations or reappropriations authorized by a chapter of the laws of 2011 to the department of environmental conservation for environmental purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital disbursements of up to $3,000,000 from any capital appropriation or reappropriation authorized by a chapter of the laws of 2011 to the division of military and naval affairs for various purposes, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for a capital appropriation of $6,000,000 authorized by a chapter of the laws of 2011 to the division of state police for rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito- ry authority of the state of New York or other financing source for a capital appropriation of $14,000,000 authorized by a chapter of the laws of 2011 to the state education department for library construction, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appropriation of $130,550,000 authorized by a chapter of the laws of 2011 to the urban development corporation for services and expenses related to the regional economic development council initiative, reimbursement from the proceeds of notes or bonds issued by the urban development corporation for capital appro- priation of $100,000,000 authorized by a chapter of the laws of 2011 to the urban development corporation for services and expenses related to the economic transformation program. S 30. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the state university residence hall rehabilitation fund (074), reimbursement from the proceeds of notes or bonds issued by the dormitory authority of the state of New York for capital disbursements of up to $331,000,000 from any appropriation or reappropriation author- ized by a chapter of the laws of 2011. S 31. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the capital projects fund, reimbursement from the proceeds of notes or bonds issued by the dormitory authority and urban development corporation for disbursements of up to $8,000,000 from an appropriation authorized by chapter 50 of the laws of 2009 for drug courts. S 32. Notwithstanding any other law, rule, or regulation to the contrary, the comptroller is hereby authorized and directed to deposit to the credit of the city university special revenue fund (377), reimbursement from the proceeds of notes or bonds issued by the Dormito- ry Authority of the State of New York for capital disbursements of up to $20,000,000 from any appropriation or reappropriation authorized by chapter 53 of the laws of 2009 to the city university of New York for various purposes. S 33. Notwithstanding any other law, rule, or regulation to the contrary, the state comptroller is hereby authorized and directed to use any balance remaining in the mental health services fund debt service appropriation, after payment by the state comptroller of all obligations required pursuant to any lease, sublease, or other financing arrangement between the dormitory authority of the state of New York as successor to the New York state medical care facilities finance agency, and the facilities development corporation pursuant to chapter 83 of the laws of 1995 and the department of mental hygiene for the purpose of making payments to the dormitory authority of the state of New York for the amount of the earnings for the investment of monies deposited in the mental health services fund that such agency determines will or may have to be rebated to the federal government pursuant to the provisions of the internal revenue code of 1986, as amended, in order to enable such agency to maintain the exemption from federal income taxation on the interest paid to the holders of such agency's mental services facilities improvement revenue bonds. On or before June 30, 2011, such agency shall certify to the state comptroller its determination of the amounts received in the mental health services fund as a result of the invest- ment of monies deposited therein that will or may have to be rebated to
the federal government pursuant to the provisions of the internal reven- ue code of 1986, as amended. S 34. (1) Notwithstanding any other law, rule, or regulation to the contrary, the state comptroller shall at the commencement of each month certify to the director of the budget, the commissioner of environmental conservation, the chair of the senate finance committee, and the chair of the assembly ways and means committee the amounts disbursed from all appropriations for hazardous waste site remediation disbursements for the month preceding such certification. (2) Notwithstanding any law to the contrary, prior to the issuance by the comptroller of bonds authorized pursuant to subdivision a of section 4 of the environmental quality bond act of nineteen hundred eighty-six, as enacted by chapter 511 of the laws of 1986, disbursements from all appropriations for that purpose shall first be reimbursed from moneys credited to the hazardous waste remedial fund, site investigation and construction account, to the extent moneys are available in such account. For purposes of determining moneys available in such account, the commissioner of environmental conservation shall certify to the comptroller the amounts required for administration of the hazardous waste remedial program. (3) The comptroller is hereby authorized and directed to transfer any balance above the amounts certified by the commissioner of environmental conservation to reimburse disbursements pursuant to all appropriations from such site investigation and construction account; provided, howev- er, that if such transfers are determined by the comptroller to be insufficient to assure that interest paid to holders of state obli- gations issued for hazardous waste purposes pursuant to the environ- mental quality bond act of nineteen hundred eighty-six, as enacted by chapter 511 of the laws of 1986, is exempt from federal income taxation, the comptroller is hereby authorized and directed to transfer, from such site investigation and construction account to the general fund, the amount necessary to redeem bonds in an amount necessary to assure the continuation of such tax exempt status. Prior to the making of any such transfers, the comptroller shall notify the director of the budget of the amount of such transfers. S 35. Subdivision 8 of section 68-b of the state finance law, as amended by chapter 79 of the laws of 2010, is amended to read as follows: 8. Revenue bonds may only be issued for authorized purposes, as defined in section sixty-eight-a of this article. Notwithstanding the foregoing, the dormitory authority of the state of New York and the urban development corporation may issue revenue bonds for any authorized purpose of any other such authorized issuer [through March thirty-first, two thousand eleven]. The authorized issuers shall not issue any revenue bonds in an amount in excess of statutory authorizations for such authorized purposes. Authorizations for such authorized purposes shall be reduced in an amount equal to the amount of revenue bonds issued for such authorized purposes under this article. Such reduction shall not be made in relation to revenue bonds issued to fund reserve funds, if any, and costs of issuance, if these items are not counted under existing authorizations, nor shall revenue bonds issued to refund bonds issued under existing authorizations reduce the amount of such authorizations. S 36. Subdivision 2 of section 68-a of the state finance law, as amended by chapter 79 of the laws of 2010, is amended to read as follows:
2. "Authorized purpose" for purposes of this article and section nine- ty-two-z of this chapter shall mean any purposes for which state-sup- ported debt, as defined by section sixty-seven-a of this chapter, may or has been issued except debt for which the state is constitutionally obligated thereunder to pay debt service and related expenses, and except (a) as authorized in paragraph (b) of subdivision one of section three hundred eighty-five of the public authorities law, (b) as author- ized for the department of health of the state of New York facilities as specified in paragraph a of subdivision two of section sixteen hundred eighty of the public authorities law, (c) state university of New York dormitory facilities as specified in subdivision eight of section sixteen hundred seventy-eight of the public authorities law, and (d) as authorized for mental health services facilities by section nine-a of section one of chapter three hundred ninety-two of the laws of nineteen hundred seventy-three constituting the New York state medical care facilities financing act. Notwithstanding the provisions of clause (d) of this subdivision, for the period April first, two thousand nine through March thirty-first, two thousand [eleven] TWELVE, mental health services facilities, as authorized by section nine-a of section one of chapter three hundred ninety-two of the laws of nineteen hundred seven- ty-three constituting the New York state medical care facilities financ- ing act, shall constitute an authorized purpose. S 37. Section 51 of part RR of chapter 57 of the laws of 2008, provid- ing for the administration of certain funds and accounts related to the 2008-2009 budget, as amended by chapter 48 of the laws of 2010, is amended to read as follows: S 51. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2008; provided, however, that the amendments to subdivision 6 of section 4 and subdivi- sion 4 of section 40 of the state finance law made by sections fifteen and sixteen of this act shall expire on the same date such subdivisions expire; and provided, further, however, that section thirty-four of this act shall take effect on the same date as the reversion of section 69-c of the state finance law as provided in section 58 of part T of chapter 57 of the laws of 2007, as amended; [provided, further that such amend- ments shall expire and be deemed repealed March 31, 2011;] and provided, further, however, that sections one, three, four, and eighteen through twenty-seven of this act shall expire March 31, 2009 when upon such date the provisions of such sections shall be deemed repealed; and provided further that section fourteen of this act shall expire March 31, 2011 when upon such date the provisions of such section shall be deemed repealed. S 38. Subdivision 3 of section 1285-p of the public authorities law, as amended by section 48 of part JJ of chapter 56 of the laws of 2010, is amended to read as follows: 3. The maximum amount of bonds that may be issued for the purpose of financing environmental infrastructure projects authorized by this section shall be nine hundred [three] FIFTEEN million seven hundred forty-seven thousand dollars, exclusive of bonds issued to fund any debt service reserve funds, pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay bonds or notes previously issued. Such bonds and notes of the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation for debt service and related expenses pursuant to any service contracts executed pursuant to subdivision one of this section,
and such bonds and notes shall contain on the face thereof a statement to such effect. S 39. Subdivision (a) of section 28 of part Y of chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, as amended by section 49 of part JJ of chapter 56 of the laws of 2010, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding any provisions of law to the contrary, one or more authorized issuers as defined by section 68-a of the state finance law are hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [$18,000,000] $21,000,000, excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing capital projects for public protection facili- ties in the Division of Military and Naval Affairs, debt service and leases; and to reimburse the state general fund for disbursements made therefor. Such bonds and notes of such authorized issuer shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to such authorized issuer for debt service and related expenses pursuant to any service contract executed pursuant to subdivision (b) of this section and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S 40. Subdivision (a) of section 48 of part K of chapter 81 of the laws of 2002, providing for the administration of certain funds and accounts related to the 2002-2003 budget, as amended by section 50 of part JJ of chapter 56 of the laws of 2010, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000 but notwithstanding the provisions of section 18 of the urban development corporation act, the corporation is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed $67,000,000 excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previ- ously issued, for the purpose of financing capital costs related to homeland security and training facilities for the division of state police, the division of military and naval affairs, and any other state agency, including the reimbursement of any disbursements made from the state capital projects fund, and is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [$165,800,000] $205,800,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing improvements to State office buildings and other facilities located statewide, including the reimbursement of any disbursements made from the state capital projects fund. Such bonds and notes of the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation for debt service and related expenses pursuant to any service contracts executed pursuant to subdivision (b) of this
section, and such bonds and notes shall contain on the face thereof a statement to such effect. S 41. Subdivision 4 of section 66-b of the state finance law, as amended by section 51 of part JJ of chapter 56 of the laws of 2010, is amended to read as follows: 4. Subject to the provisions of chapter fifty-nine of the laws of two thousand, but notwithstanding any other provisions of law to the contra- ry, the maximum amount of certificates of participation or similar instruments representing periodic payments due from the state of New York, issued on behalf of state departments and agencies, the city university of New York and any other state entity otherwise specified after March thirty-first, two thousand three shall be seven hundred [fifty-one] EIGHTY-FOUR million two hundred eighty-five thousand dollars. Such amount shall be exclusive of certificates of participation or similar instruments issued to fund a reserve fund or funds, costs of issuance and to refund outstanding certificates of participation. S 42. Subdivision 1 of section 16 of part D of chapter 389 of the laws of 1997, providing for the financing of the correctional facilities improvement fund and the youth facility improvement fund, as amended by section 52 of part JJ of chapter 56 of the laws of 2010, is amended to read as follows: 1. Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding the provisions of section 18 of section 1 of chapter 174 of the laws of 1968, the New York state urban development corporation is hereby authorized to issue bonds, notes and other obligations in an aggregate principal amount not to exceed six billion [one] FOUR hundred [sixty-four] NINETY million [sixty-nine] FOUR HUNDRED SIXTY-NINE thou- sand dollars [$6,164,069,000] $6,490,469,000, and shall include all bonds, notes and other obligations issued pursuant to chapter 56 of the laws of 1983, as amended or supplemented. The proceeds of such bonds, notes or other obligations shall be paid to the state, for deposit in the correctional facilities capital improvement fund to pay for all or any portion of the amount or amounts paid by the state from appropri- ations or reappropriations made to the department [of correctional services] OF CORRECTIONS AND COMMUNITY SUPERVISION from the correctional facilities capital improvement fund for capital projects. The aggregate amount of bonds, notes or other obligations authorized to be issued pursuant to this section shall exclude bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued, the proceeds of which were paid to the state for all or a portion of the amounts expended by the state from appropriations or reappropriations made to the department of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds, notes or other obligations may be greater than six billion [one] FOUR hundred [sixty-four] NINETY million [sixty-nine] FOUR HUNDRED SIXTY-NINE thousand dollars [$6,164,069,000] $6,490,469,000, only if the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For the purposes hereof, the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be
that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid includ- ing estimated accrued interest or proceeds received by the corporation including estimated accrued interest from the sale thereof. S 43. Subdivision 1 of section 17 of part D of chapter 389 of the laws of 1997, providing for the financing of the correctional facilities improvement fund and the youth facility improvement fund, as amended by section 53 of part JJ of chapter 56 of the laws of 2010, is amended to read as follows: 1. Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding the provisions of section 18 of section 1 of chapter 174 of the laws of 1968, the New York state urban development corporation is hereby authorized to issue bonds, notes and other obligations in an aggregate principal amount not to exceed [three] FOUR hundred [seventy- nine] TWENTY-NINE million five hundred fifteen thousand dollars [($379,515,000)] ($429,515,000), which authorization increases the aggregate principal amount of bonds, notes and other obligations author- ized by section 40 of chapter 309 of the laws of 1996, and shall include all bonds, notes and other obligations issued pursuant to chapter 211 of the laws of 1990, as amended or supplemented. The proceeds of such bonds, notes or other obligations shall be paid to the state, for depos- it in the youth facilities improvement fund, to pay for all or any portion of the amount or amounts paid by the state from appropriations or reappropriations made to the office of children and family services from the youth facilities improvement fund for capital projects. The aggregate amount of bonds, notes and other obligations authorized to be issued pursuant to this section shall exclude bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued, the proceeds of which were paid to the state for all or a portion of the amounts expended by the state from appropriations or reappropriations made to the office of children and family services; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds, notes or other obligations may be greater than [three] FOUR hundred [seventy-nine] TWENTY-NINE million five hundred fifteen thousand dollars [($379,515,000)] $429,515,000, only if the present value of the aggre- gate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For the purposes hereof, the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates ther- eof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the corporation including estimated accrued interest from the sale thereof.
S 44. Paragraph (a) of subdivision 2 of section 47-e of the private housing finance law, as amended by section 54 of part JJ of chapter 56 of the laws of 2010, is amended to read as follows: (a) Subject to the provisions of chapter fifty-nine of the laws of two thousand, in order to enhance and encourage the promotion of housing programs and thereby achieve the stated purposes and objectives of such housing programs, the agency shall have the power and is hereby author- ized from time to time to issue negotiable housing program bonds and notes in such principal amount as shall be necessary to provide suffi- cient funds for the repayment of amounts disbursed (and not previously reimbursed) pursuant to law or any prior year making capital appropri- ations or reappropriations for the purposes of the housing program; provided, however, that the agency may issue such bonds and notes in an aggregate principal amount not exceeding two billion [five] SIX hundred [thirty-two] THIRTY-SIX million [two] FOUR hundred ninety-nine thousand dollars, plus a principal amount of bonds issued to fund the debt service reserve fund in accordance with the debt service reserve fund requirement established by the agency and to fund any other reserves that the agency reasonably deems necessary for the security or marketa- bility of such bonds and to provide for the payment of fees and other charges and expenses, including underwriters' discount, trustee and rating agency fees, bond insurance, credit enhancement and liquidity enhancement related to the issuance of such bonds and notes. No reserve fund securing the housing program bonds shall be entitled or eligible to receive state funds apportioned or appropriated to maintain or restore such reserve fund at or to a particular level, except to the extent of any deficiency resulting directly or indirectly from a failure of the state to appropriate or pay the agreed amount under any of the contracts provided for in subdivision four of this section. S 45. Paragraph j of subdivision 2 of section 1680 of the public authorities law, as amended by section 37 of part PP of chapter 56 of the laws of 2009, is amended to read as follows: j. Subject to the provisions of chapter fifty-nine of the laws of two thousand, the maximum amount of bonds and notes to be issued after March thirty-first, two thousand two for a housing unit for the use of students at a state-operated institution or statutory or contract college under the jurisdiction of the state university of New York shall be one billion [two] FIVE hundred [thirty] SIXTY-ONE million dollars. Such amount shall be exclusive of bonds and notes issued to fund any reserve fund or funds, costs of issuance, and to refund any outstanding bonds and notes relating to a housing unit under the jurisdiction of the state university of New York. S 46. Subdivision (b) of section 11 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, as amended by section 2 of part C of chapter 109 of the laws of 2010, is amended to read as follows: (b) Any service contract or contracts for projects authorized pursuant to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 14-k of the transportation law, and entered into pursuant to subdivision (a) of this section, shall provide for state commitments to provide annually to the thruway authority a sum or sums, upon such terms and conditions as shall be deemed appropriate by the director of the budget, to fund, or fund the debt service requirements of any bonds or any obli- gations of the thruway authority issued to fund such projects having a
cost not in excess of [$6,286,660,000] $6,695,169,000 cumulatively by the end of fiscal year [2010-2011] 2011-12. S 47. Subdivision 5 of section 3234 of the public authorities law, as amended by chapter 81 of the laws 2002, is amended to read as follows: 5. A majority of the whole number of directors then in office shall constitute a quorum for the transaction of any business or the exercise of any power of the corporation. Except as otherwise specified in this title, for the transaction of any business or the exercise of any power of the corporation, the corporation shall have power to act by a majori- ty of the directors present at any meeting at which a quorum is in attendance; provided that one or more directors may participate in a meeting by means of conference telephone or similar communications equipment allowing all directors participating in the meeting to hear each other at the same time and participation by such means shall constitute presence in person at a meeting. A unanimous vote of all directors THEN IN OFFICE shall be required for approval of a resolution authorizing the issuance of bonds or notes or any supplemental or amen- datory resolution. The corporation may delegate to one or more of its directors, or officers, agents and employees, such powers and duties as the directors may deem proper. Five days notice shall be given to each director and nonvoting representative prior to any meeting of the corpo- ration. S 48. Paragraph (e) of subdivision 1 of section 3236 of the public authorities law, as amended by chapter 219 of the laws of 1999, is amended to read as follows: (e) Such bonds shall be sold to the bidder offering the lowest inter- est cost to the corporation, taking into consideration any premium or discount and, in the case of refunding bonds, the bona fide initial public offering price, not less than four nor more than fifteen days, Sundays excepted, after a notice of such sale has been published at least once in a definitive trade publication of the municipal bond industry published on each business day in the state of New York which is generally available to participants in the municipal bond industry, which notice shall state the terms of the sale. The corporation may not change the terms of the sale unless notice of such change is sent via a definitive trade wire service of the municipal bond industry which, in general, makes available information regarding activity and sales of municipal bonds and is generally available to participants in the munic- ipal bond industry, at least one [day] HOUR prior to the [date] TIME of the sale as set forth in the original notice of sale. In so changing the terms or conditions of a sale the corporation may send notice by such wire service that the sale will be delayed by up to thirty days, provided that wire notice of the new sale date will be given at least one business day prior to the new time when bids will be accepted. In such event, no new notice of sale shall be required to be published. Advertisements shall contain a provision to the effect that the corpo- ration, in its discretion, may reject any or all bids made in pursuance of such advertisements, and in the event of such rejection, the corpo- ration is authorized to negotiate a private sale or readvertise for bids in the form and manner above described as many times as, in its judg- ment, may be necessary to effect a satisfactory sale. Notwithstanding the foregoing provisions of this paragraph, whenever in the judgment of the corporation the interests of the corporation will be served thereby, the corporation may sell bonds at private sale. The corporation shall promulgate regulations governing the terms and conditions of any such private sales, which regulations shall include a provision that it give
notice to the governor, the temporary president of the senate, and the speaker of the assembly of its intention to conduct a private sale of obligations pursuant to this section not less than five days prior to such sale or the execution of any binding agreement to effect such sale. S 49. Subdivision 1 of section 1689-i of the public authorities law, as amended by section 46 of part JJ of chapter 56 of the laws of 2010, is amended to read as follows: 1. The dormitory authority is authorized to issue bonds, at the request of the commissioner of education, to finance eligible library construction projects pursuant to section two hundred seventy-three-a of the education law, in amounts certified by such commissioner not to exceed a total principal amount of [seventy] EIGHTY-FOUR million dollars. S 50. Section 21-e of chapter 432 of the laws of 1997, amending the state finance law and other laws relating to the issuance of bonds or notes for community enhancement facilities projects, is amended to read as follows: S 21-e. Notwithstanding the provisions of any other law to the contrary, the authority is hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs or making grants, loans or combinations thereof for community enhancement facili- ties projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed four hundred [twenty- five] SEVEN million dollars total for all issuing authorities, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the authority shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the authority for debt service and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S 51. Subdivision (a) of section 1 of part T of chapter 84 of the laws of 2002, relating to authorizing the New York state urban development corporation and the dormitory authority of the state of New York to issue bonds or notes for the purpose of financing certain project costs, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding any other provision of law to the contrary, the New York state urban development corporation and the dormitory authority of the state of New York are hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount, subject to the limita- tions contained in section eight of this act, not to exceed [$1,200,000,000] $1,195,146,000 excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purposes of financing project costs authorized under this act. Such bonds and notes of the corporation or the dormitory authority shall not be a debt of the state and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation or the authority for debt service and related expenses pursuant to any service contract executed pursuant to subdivision (b) of this section, and such
bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. All of the provisions of the New York state urban development corporation act and the dormitory authority act relating to bonds and notes which are not inconsistent with the provisions of this section shall apply to obligations authorized by this section, including but not limited to the power to establish adequate reserves therefore and to issue renewal notes or refunding bonds there- of. The issuance of any bonds or notes hereunder shall further be subject to the approval of the director of the division of the budget. S 52. Subdivision (a) of section 27 of chapter 3 of the laws of 2004, relating to authorizing the New York state urban development corporation and the dormitory authority of the state of New York to issue bonds or notes, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding any other provision of law to the contrary, the New York State urban development corporation and the dormitory authority of the state of New York are hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [$350,000,000] $290,000,000 excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing economic develop- ment projects outside cities with a population of one million or more. Such bonds and notes of the corporation or the dormitory authority shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation or the dormitory authority for debt service and related expenses pursuant to any service contract executed pursuant to subdivision (b) of this section and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. All of the provisions of the New York state urban develop- ment corporation act and the dormitory authority act relating to bonds and notes which are not inconsistent with the provisions of this section shall apply to obligations authorized by this section, including but not limited to the power to establish adequate reserves therefor and to issue renewal notes or refunding bonds thereof. The issuance of any bonds or notes hereunder shall further be subject to the approval of the director of the division of the budget. S 53. Subdivision (a) of section 1 of part X of chapter 59 of the laws of 2004, relating to authorizing the New York state urban development corporation and the dormitory authority of the state of New York to issue bonds or notes, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding any other provision of law to the contrary, the New York State urban development corporation and the dormitory authority of the state of New York are hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [$250,000,000] $243,000,000 excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing projects cost of the Empire Opportunity Fund; Rebuilding the Empire State Through Oppor-
tunities in Regional Economies (RESTORE) New York Program; and the Community Capital Assistance Program authorized pursuant to Part T of chapter 84 of the laws of 2002. Such bonds and notes of the corporation or the dormitory authority shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation or the dormitory authority for debt service and related expenses pursuant to any service contract executed pursuant to subdivision (b) of this section and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. All of the provisions of the New York state urban development corporation act and the dormitory authority act relating to bonds and notes which are not inconsistent with the provisions of this section shall apply to obligations author- ized by this section, including but not limited to the power to estab- lish adequate reserves therefor and to issue renewal notes or refunding bonds thereof. The issuance of any bonds or notes hereunder shall further be subject to the approval of the director of the division of the budget. S 54. Subdivision (a) of section 1 of part T of chapter 59 of the laws of 2005, relating to the urban development corporation bonding authori- ty, as added by section 3 of part C of chapter 63 of the laws of 2005, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding any provisions of law to the contrary the urban develop- ment corporation or the dormitory authority is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [$250,000,000] $176,661,000 excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issu- ance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of reim- bursing the state capital projects fund disbursements made pursuant to appropriations for the New York state high technology and development program, pursuant to a memorandum of understanding to be executed by the governor, the temporary president of the senate, and the speaker of the assembly, and further provided that the proceeds of such bonds or notes are authorized to be utilized to finance grants, loans or combinations thereof pursuant to the New York state high technology and development program, as appropriated by a chapter of the laws of 2005. Eligible project costs may include, but not be limited to the cost of design, financing, site acquisition and preparation, demolition, construction, rehabilitation, acquisition of machinery and equipment, parking facili- ties, and infrastructure. Such bonds and notes of such authorized issuers shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to such authorized issuers for debt service and related expenses pursuant to any service contract executed pursuant to subdivision (b) of this section and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S 55. Subdivision (a) of section 1 of part S of chapter 59 of the laws of 2005, relating to the authority of the urban development corporation
and the dormitory authority to issue bonds, as amended by section 1 of part C of chapter 63 of the laws of 2005, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding any provisions of law to the contrary, the urban devel- opment corporation or the dormitory authority is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [$90,000,000] $88,344,000 excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of reimbursing the state capital projects fund disbursements made pursuant to appropri- ations for the regional economic development program pursuant to a memo- randum of understanding to be executed by the governor, the temporary president of the senate, and the speaker of the assembly. The proceeds of such bonds or notes are authorized to be utilized to finance grants, loans or combinations thereof pursuant to the regional economic develop- ment program, as appropriated by a chapter of the laws of 2005. Eligible project costs may include, but not be limited to the cost of design, financing, site investigations, site acquisition and preparation, demo- lition, construction, rehabilitation, acquisition of machinery and equipment, and infrastructure improvements. Such bonds and notes of such authorized issuers shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to such authorized issuers for debt service and related expenses pursuant to any service contract executed pursuant to subdivision (b) of this section and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S 56. Subdivision (a) of section 43 of chapter 161 of the laws of 2005, amending the education law and other laws relating to the issuance of bonds or notes, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding any other provision of law to the contrary, the New York state urban development corporation and the dormitory authority of the state of New York are hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [$75,000,000] $48,517,000 excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing economic development projects outside cities with a population of one million or more. Such bonds and notes of the corporation or the dormitory authority shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation or the dormitory authority for debt service and related expenses pursuant to any service contract executed pursuant to subdivision (b) of this section and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. All of the provisions of the New York state urban develop- ment corporation act and the dormitory authority act relating to bonds and notes which are not inconsistent with the provisions of this section shall apply to obligations authorized by this section, including but not
limited to the power to establish adequate reserves therefore and to issue renewal notes or refunding bonds thereof. The issuance of any bonds or notes hereunder shall further be subject to the approval of the director of the division of the budget. S 57. Subdivision 1 of section 43 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corpo- ration act, as amended by section 48 of part PP of chapter 56 of the laws of 2009, is amended read as follows: 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for various economic development and regional initiatives, the upstate regional blueprint fund, the downstate revitalization fund, the upstate agricultural economic fund, the New York state capital assistance program, the New York state economic development assistance program and other state costs associated with such projects. The aggre- gate principal amount of bonds authorized to be issued pursuant to this section shall not exceed one billion [three] TWO hundred [ten] SEVENTY million SEVEN HUNDRED EIGHTY-TWO THOUSAND dollars, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S 58. Section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding a new section 44 to read as follows: S 44. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR- IZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF FUNDING PROJECT COSTS FOR THE REGIONAL ECONOMIC DEVELOPMENT COUNCIL INITIATIVE, THE ECONOMIC TRANSFORMATION PROGRAM AND OTHER STATE COSTS ASSOCIATED WITH SUCH PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED TWO HUNDRED THIRTY MILLION FIVE HUNDRED FIFTY THOUSAND DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-
ING THE FINANCING FOR PROJECT COSTS FOR THE REGIONAL ECONOMIC DEVELOP- MENT COUNCIL INITIATIVE, THE ECONOMIC TRANSFORMATION PROGRAM AND OTHER STATE COSTS ASSOCIATED WITH SUCH PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE DORMITORY AUTHORITY AND THE CORPORATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE DORMITORY AUTHORITY AND THE CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE DORMITORY AUTHORITY AND THE CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE DORMITORY AUTHORITY AND THE CORPORATION AS SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION. S 58-a. Paragraph (a) of section 55 of part JJ of chapter 56 of the laws of 2010, relating to providing for the administration of certain funds and accounts related to the 2010-2011 budget, is amended to read as follows: (a) section forty-two of this act shall be deemed to have been in full force and effect on and after April 1, [2008]2007; S 59. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011; provided further that sections one through fourteen-a and sections eighteen through twenty-eight of this act shall expire March 31, 2012, when upon such date, the provisions of such sections shall be deemed repealed; provided further that the amendments to subdivision 5 of section 97-rrr of the state finance law made by section sixteen of this act shall not affect the expiration of such subdivision and shall expire therewith; and provided further that section forty-seven of this act shall take effect on the same date as the reversion of subdivision 5 of section 3234 of the public authorities law as provided in section 3 of chapter 48 of the laws of 2010, as amended. PART O Section 1. Section 99-d of the state finance law, as added by chapter 474 of the laws of 1996, is REPEALED. S 2. On or after September 16, 2011, the comptroller is hereby author- ized and directed to transfer all remaining monies not yet disbursed from the designated accounts authorized under subdivision one of section 99-d of the state finance law, as repealed by section one of this act, to the general fund/state purposes account. S 3. This act shall take effect September 16, 2011. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through O of this act shall be as specifically set forth in the last section of such Parts.

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