2000-01 Article VII General Government Bill
STATE OF NEW YORK
________________________________________________________________________
S. 6293 A. 9293
SENATE - ASSEMBLY
January 13, 2000
___________
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 pursuant to article seven of the
Constitution -- read once and referred to the Committee on Ways and
Means
AN ACT to amend the insurance law, in relation to the property/casualty
insurance security fund and to repeal certain provisions of such law
relating thereto (A); to amend the general business law, the real
property law and the executive law, in relation to the fees charged
for certain license, registration and commission applications and
examinations (B); to provide for the utilization of utility assessment
funds (C); and to amend the state finance law, in relation to provid-
ing for the administration of certain funds and accounts related to
the 2000-2001 budget; to amend the state finance law, chapter 389 of
the laws of 1997, relating to the financing of the correctional facil-
ities improvement fund and the youth facility improvement fund, the
New York state medical care facilities finance agency act, the facili-
ties development corporation act, the mental hygiene law and the
private housing finance law, in relation to provisions necessary to
implement the 2000-2001 budget and in relation to the duties of the
office of general services and the division of the budget; to amend
the state finance law, in relation to payments and transfers; to amend
the state finance law, in relation to the period for which appropri-
ations are made; to amend chapter 405 of the laws of 1999, amending
the real property tax law and other laws relating to improving the
administration of the school tax relief (STAR) program, in relation to
the effectiveness of such chapter; to amend the state finance law, in
relation to the clean water/clean air fund and the debt reduction
reserve fund; to amend the public authorities law, in relation to
interest rate exchange or similar agreements; to repeal subdivision 10
of section 97-ttt of the state finance law, relating to the federal
revenue maximization fund; to repeal section 88-c of the state finance
law, relating to the Niagara Frontier Transportation Authority light
rail rapid transit special assistance fund; to repeal section 97-j of
the state finance law, relating to the capacity, bridge and highway
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12331-02-0
S. 6293 2 A. 9293
improvements fund; to repeal section 2867 of the public health law,
relating to the nursing home development fund; and providing for the
repeal of certain provisions upon expiration thereof (D)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2000-2001
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through D. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Paragraph 4 of subsection (b) of section 7403 of the insur-
14 ance law, as amended by chapter 134 of the laws of 1999, is amended to
15 read as follows:
16 (4) The court shall not order any advance to the rehabilitator without
17 his specific request or if the insurer's required capital or surplus is
18 impaired in an amount exceeding the greater of thirty million dollars or
19 fifteen percent of the insurer's net direct premium writings in the
20 previous calendar year. Total advances to an insurer shall not exceed
21 the greater of forty million dollars or twenty percent of such net
22 direct premium writings. No advance shall be made [on or after July
23 first, two thousand] which would lower the amount of assets in the fund
24 below one hundred ninety-five million dollars.
25 § 2. Paragraph 6 of subsection (b) of section 7403 of the insurance
26 law is REPEALED.
27 § 3. This act shall take effect April 1, 2000.
28 REPEAL NOTE.--Paragraph 6 of subsection (b) of section 7403 of the
29 insurance law, repealed by this act, sunsets the Super-
30 intendent of Insurance's authority to loan money from the
31 property casualty insurance security fund in order to
32 rehabilitate domestic insurers.
33 PART B
34 Section 1. Section 409 of the general business law, as added by chap-
35 ter 509 of the laws of 1992, subdivision 1 as amended by chapter 341 of
36 the laws of 1998 and subdivision 3 as amended by section 9 of part B of
37 chapter 411 of the laws of 1999, is amended to read as follows:
38 § 409. Fees. 1. The non-refundable fee for an application for a
39 license to engage in the practice of nail specialty, waxing, natural
40 hair styling, esthetics or cosmetology, shall be [twenty] thirty dollars
41 initially and for each renewal thereof the fee shall be [twenty] thirty
42 dollars; the fee for a temporary license and each renewal shall be [ten]
43 twenty dollars.
S. 6293 3 A. 9293
1 2. The fee for an appearance enhancement business license shall be
2 [thirty] fifty dollars initially and [thirty] fifty dollars for each
3 renewal thereof.
4 3. The secretary shall receive a non-refundable examination fee of
5 [fifteen] twenty-five dollars from each person who takes a written or
6 practical examination pursuant to this article. Fees collected pursuant
7 to this article shall be deposited to the credit of the business and
8 licensing services account established pursuant to the provisions of
9 section ninety-seven-y of the state finance law.
10 4. The fee for issuing a duplicate license certificate, in substi-
11 tution for one lost, destroyed or mutilated shall be ten dollars.
12 5. [The fee for changing a name on an appearance enhancement business
13 license shall be thirty dollars.
14 6. The fee for changing the address on a license shall be ten dollars.
15 7.] The fees herein set forth shall be those for licenses issued for
16 the license period of two years.
17 § 2. Section 440 of the general business law, as amended by chapter 61
18 of the laws of 1989, is amended to read as follows:
19 § 440. Fees. 1. The fee for a license to engage in the practice of
20 barbering shall be [twenty] thirty dollars and for each renewal thereof
21 the fee shall be [twenty] thirty dollars.
22 2. The fee for a license to conduct a barber shop shall be [thirty]
23 fifty dollars and for each renewal thereof the fee shall be [thirty]
24 fifty dollars.
25 3. The fee for taking a written or practical examination under this
26 article shall be [fifteen] twenty-five dollars.
27 4. The fee for the registration or the renewal of the registration of
28 an apprentice shall be [ten] twenty dollars.
29 5. The fee for issuing a duplicate license in substitution for one
30 lost, destroyed or mutilated shall be ten dollars.
31 6. [The fee for changing a name on a license shall be thirty dollars.
32 7. The fee for changing the address on a license shall be ten dollars.
33 8.] The fees hereinabove set forth shall be those for licenses issued
34 for the license period of two years. [Notwithstanding the provisions of
35 subdivision one of section four hundred thirty-nine of this article,
36 after January first, nineteen hundred eighty-six, the secretary of state
37 shall assign staggered expiration dates for outstanding licenses that
38 have been previously renewed on June thirtieth of each year and such
39 licenses shall thereafter expire two years from the assigned date unless
40 renewed. If the assigned date results in a term that exceeds twenty-four
41 months, the applicant shall pay an additional prorated adjustment
42 together with the regular renewal fee. The secretary of state shall
43 assign dates to existing licenses in a manner which shall result in a
44 term of not less than two years.]
45 § 3. Subdivisions 9, 10 and 11 of section 441-a of the real property
46 law, as added by chapter 61 of the laws of 1989, are amended to read as
47 follows:
48 9. [Except for changes made on a renewal application, the fee for
49 changing an address on a license shall be ten dollars.
50 10.] Except for changes made on a renewal application, the fee for
51 changing a name or for changing the status of a real estate broker's
52 license shall be one hundred fifty dollars. [The fee for changing a
53 salesperson's name shall be fifty dollars.
54 11] 10. If a real estate salesperson shall leave the service of a real
55 estate broker, the real estate broker shall file a termination of asso-
56 ciation notice on such form as the secretary may designate. [The fee
S. 6293 4 A. 9293
1 for terminating the record of association shall be ten dollars.] The
2 salesperson's license may be endorsed to a new sponsoring broker upon
3 the establishment of a new record of association filed with the depart-
4 ment of state. [The fee for filing a record of association shall be ten
5 dollars.]
6 § 4. Subdivisions 1 and 1-A of section 441-b of the real property law,
7 subdivision 1 as amended by chapter 324 of the laws of 1998 and subdivi-
8 sion 1-A as amended by section 12 of part B of chapter 411 of the laws
9 of 1999, are amended to read as follows:
10 1. The fee for a license issued or reissued under the provisions of
11 this article entitling a person, co-partnership, limited liability
12 company or corporation to act as a real estate broker shall be [one
13 hundred fifty] two hundred dollars. The fee for a license issued or
14 reissued under the provisions of this article entitling a person to act
15 as a real estate salesman shall be [fifty] seventy-five dollars.
16 [Notwithstanding the provisions of subdivision seven of section four
17 hundred forty-one-a of this article, after January first, nineteen
18 hundred eighty-six, the secretary of state shall assign staggered expi-
19 ration dates for outstanding licenses that have been previously renewed
20 on October thirty-first of each year from the assigned date unless
21 renewed. If the assigned date results in a term that exceeds twenty-four
22 months, the applicant shall pay an additional prorated adjustment
23 together with the regular renewal fee. The secretary of state shall
24 assign dates to existing licenses in a manner which shall result in a
25 term of not less than two years.]
26 1-A. The fee for a person to take an examination offered by the secre-
27 tary of state pursuant to this article shall be [fifteen] twenty five
28 dollars. Fees collected by the department of state pursuant to this
29 article shall be deposited to the credit of the business and licensing
30 services account established pursuant to section ninety-seven-y of the
31 state finance law.
32 § 5. Subdivision 5 of section 69-o of the general business law, as
33 amended by chapter 575 of the laws of 1993, is amended to read as
34 follows:
35 5. There shall be an examination fee of [fifteen] twenty-five dollars.
36 § 6. Subdivision 2 of section 69-r of the general business law, as
37 amended by chapter 575 of the laws of 1993, is amended to read as
38 follows:
39 2. The fee for taking an examination under this article shall be
40 [fifteen] twenty-five dollars; provided, however, that if the applicant
41 qualifies for a license as the result of such examination, the fee paid
42 for the privilege of taking such examination shall be included in the
43 license fee for the license issued to him thereon.
44 § 7. Paragraph (c) of subdivision 1 of section 74 of the general busi-
45 ness law, as amended by section 7 of part B of chapter 411 of the laws
46 of 1999, is amended to read as follows:
47 (c) The secretary of state shall receive a non-refundable examination
48 fee of [fifteen] twenty-five dollars from each person who takes an exam-
49 ination to qualify for application for licensure pursuant to this arti-
50 cle. Fees paid to the department of state pursuant to this article shall
51 be deposited in the business and licensing services account established
52 pursuant to section ninety-seven-y of the state finance law.
53 § 8. Subdivision 1 of section 89-m of the general business law, as
54 added by chapter 336 of the laws of 1992, is amended to read as follows:
55 1. Registration cards shall expire two years from the date of issuance
56 or last renewal as the case may be. Not less than sixty nor more than
S. 6293 5 A. 9293
1 ninety days prior to the expiration date of a registration card, the
2 department shall mail to each registrant at his last known address,
3 notice of renewal and a registration renewal form. Registration cards
4 shall not be renewed unless not more than sixty nor less than thirty
5 days prior to the expiration date of the registration card, the holder
6 submits to the department, a registration renewal form sworn to or
7 affirmed by the holder under the penalty of perjury together with a
8 biennial renewal fee in the amount of [twenty-five] thirty-six dollars
9 payable to the department and a certificate certifying that the holder
10 has satisfactorily completed the required annual in-service training
11 courses as prescribed by the commissioner pursuant to subdivision one of
12 section eight hundred forty-one-c of the executive law. Unless the
13 department determines the existence of facts which would constitute
14 cause for denial, revocation or suspension of the registration card
15 pursuant to this article, it shall renew the registration card. Denial
16 of renewal hereunder shall be reviewable by an administrative hearing as
17 set forth in section seventy-nine of this chapter. The [twenty-five]
18 thirty-six dollar biennial renewal fee collected by the department shall
19 be deposited to the licensing examinations services account established
20 pursuant to the provisions of section [97-aa] ninety-seven-aa of the
21 state finance law. Notice that a registration card has expired or has
22 not been renewed pursuant to this section shall be given by the secre-
23 tary to the holder of such registration card and to the security guard
24 company by which such holder was employed at the time of such expiration
25 or non-renewal.
26 § 9. Subdivision 3 of section 131 of the executive law, as added by
27 chapter 13 of the laws of 1992, is amended to read as follows:
28 3. The secretary of state shall receive a non-refundable application
29 fee of [thirty] forty dollars from applicants for appointment, which fee
30 shall be submitted together with the application. No further fee shall
31 be paid for the issuance of the commission.
32 § 10. Section 131 of the executive law is amended by adding a new
33 subdivision 14 to read as follows:
34 14. The secretary of state shall receive a non-refundable examination
35 fee of twenty-five dollars from each person who takes an examination to
36 qualify for application for a commission as a notary public pursuant to
37 this article.
38 § 11. This act shall take effect April 1, 2000.
39 PART C
40 Section 1. Notwithstanding any other law, rule or regulation to the
41 contrary, expenses of the department of health public service education
42 program incurred pursuant to appropriations from the cable television
43 account of the state miscellaneous special revenue funds shall be deemed
44 expenses of the department of public service.
45 § 2. Expenditures of moneys appropriated in a chapter of the laws of
46 2000 to the department of agriculture and markets from the special
47 revenue funds-other/state operations, miscellaneous special revenue
48 fund-339, public service account for the agricultural business services
49 program shall be subject to the provisions of this section. Notwith-
50 standing any law to the contrary, expenditures from the miscellaneous
51 special revenue fund appropriation, and indirect costs under the comp-
52 troller's statewide cost allocation plan, shall be deemed expenses of
53 the department of public service within the meaning of section 18-a of
54 the public service law and assessed accordingly. Expenditures subject
S. 6293 6 A. 9293
1 to assessment shall include those for direct and indirect participation
2 in certification proceedings pursuant to article 7 of the public service
3 law.
4 § 3. Expenditures of moneys appropriated in a chapter of the laws of
5 2000 to the department of economic development from the special revenue
6 funds-other/state operations, miscellaneous special revenue fund-339,
7 public service account for the administration program shall be subject
8 to the provisions of this section. Notwithstanding any law to the
9 contrary, expenditures from the miscellaneous special revenue fund
10 appropriations and indirect costs under the comptroller's statewide cost
11 allocation plan, shall be deemed expenses of the department of public
12 service within the meaning of section 18-a of the public service law and
13 assessed accordingly. Expenditures subject to assessment shall include
14 those for direct and indirect participation in certification proceedings
15 pursuant to article 7 of the public service law.
16 § 4. Expenditures of moneys appropriated in a chapter of the laws of
17 2000 to the office of parks, recreation and historic preservation from
18 the special revenue funds-other/state operations, miscellaneous special
19 revenue fund-339, public service account under the historic preservation
20 program shall be subject to the provisions of this section. Notwith-
21 standing any law to the contrary, expenditures from the miscellaneous
22 special revenue fund appropriations, and indirect costs under the comp-
23 troller's statewide cost allocation plan, shall be deemed expenses of
24 the department of public service within the meaning of section 18-a of
25 the public service law and assessed accordingly. Expenditures subject to
26 assessment shall include those for direct and indirect participation in
27 certification proceedings pursuant to article 7 of the public service
28 law.
29 § 5. Expenditures of moneys appropriated in a chapter of the laws of
30 2000 to the consumer protection board from the special revenue funds -
31 other/state operations, miscellaneous special revenue fund-339, public
32 service account for the consumer protection program for services and
33 expenses related to consumer protection activities, including travel
34 outside the state, for participation in proceedings before the public
35 service commission and other governmental agencies shall be subject to
36 the provisions of this section. Notwithstanding any provision of law to
37 the contrary, such expenditures shall be deemed an expense of the
38 department of public service within the meaning of section 18-a of the
39 public service law.
40 § 6. Expenditures of moneys appropriated in a chapter of the laws of
41 2000 to the department of environmental conservation from the special
42 revenue fund-other/state operations, miscellaneous special revenue
43 fund-339, utility environmental regulation account shall be subject to
44 the provisions of this section. Notwithstanding any law to the contrary,
45 expenditures from the miscellaneous special revenue fund and indirect
46 costs under the comptroller's statewide cost allocation plan, shall be
47 deemed expenses of the department of public service within the meaning
48 of section 18-a of the public service law and assessed accordingly.
49 Expenditures subject to assessment shall include those for direct and
50 indirect participation in certification proceedings pursuant to article
51 7 of the public service law; oil and gas, coal and nuclear regulatory
52 and planning activities; and small hydropower, cogeneration, alternate
53 energy and electric generation facility sitings.
54 § 7. Such state agencies receiving reimbursement under section 18-a of
55 the public service law for expenditures deemed expenses of the depart-
56 ment of public service other than the department of public service and
S. 6293 7 A. 9293
1 such public benefit corporation receiving reimbursement under section
2 18-a of the public service law shall report on February first of each
3 year the following information to the director of the division of the
4 budget, chairs of the senate and assembly energy committees, the senate
5 finance committee and the assembly ways and means committee: (1) a list
6 of all chargeable activities engaged in during the previous fiscal year;
7 (2) a list of all regulatory proceedings in which the agency or corpo-
8 ration participated related to the regulation of utilities; and (3) a
9 list of all positions involved in these activities and the percentage of
10 chargeable time.
11 § 8. This act shall take effect April 1, 2000.
12 PART D
13 Section 1. The state comptroller is hereby authorized and directed to
14 loan money in accordance with the provisions set forth in subdivision 5
15 of section 4 of the state finance law to the following funds and/or
16 accounts:
17 1. Tuition reimbursement fund (050):
18 a. Proprietary vocational school supervision account (02).
19 2. Local government records management improvement fund (052).
20 3. Health facilities capital improvement fund (071).
21 4. Dedicated highway and bridge trust fund (072).
22 5. State parks infrastructure trust fund (076).
23 6. Clean water/clean air implementation fund (079).
24 7. State lottery fund (160).
25 8. Medicaid management information system escrow fund (179).
26 9. Federal health, education and human services fund (265):
27 a. Miscellaneous agencies (80).
28 10. Federal block grant fund (269):
29 a. 1999 community services block grant (L6).
30 b. 2000 community services block grant (M6).
31 c. 2001 community services block grant.
32 11. Federal operating grants fund (290):
33 a. Division of human rights federal housing assistance (19).
34 b. Division of military and naval affairs training sites (30).
35 c. Division of military and naval affairs army and national guard
36 contract (35).
37 d. Division of military and naval affairs air national guard contract
38 (36).
39 e. Division of military and naval affairs air national guard security
40 guards (38).
41 f. Division of military and naval affairs emergency management account
42 (72).
43 g. HUD - emergency shelter grants (75).
44 h. Federal library services technology act account (90).
45 i. Federal energy management account - state heating oil program (AE).
46 j. HUD - HOPWA automated (AK).
47 k. National park rehab (A1).
48 l. Encon ISTEA (A9).
49 m. Division of veterans` affairs - veterans` education account (B5).
50 n. NW Brooklyn drug court (DE).
51 o. FTA program management account (FT).
52 p. Division of human rights federal equal employment opportunity (G1).
53 q. National community service fund (JA).
54 r. Rural and small urban transit aid account (L2).
S. 6293 8 A. 9293
1 s. Federal housing and urban development account-local planning (L3).
2 t. Urban mass transportation administration account-local planning
3 (L4).
4 u. Federal fund for pipeline safety account - 1983 pipeline safety
5 grant (L8).
6 v. Foster care and adoption (W6).
7 w. Buffalo city drug plan (W7).
8 x. Suffolk district drug plan (W9).
9 y. Encon agriculture (Y1).
10 z. Encon commerce (Y2).
11 aa. Wildlife restoration (Y3).
12 bb. Encon EPA (Y4).
13 cc. Interior non wildlife (Y7).
14 dd. Air pollution control (Y8).
15 ee. Hazardous waste (Y9).
16 ff. Army (YO).
17 gg. COPSMORE 98 grant (2P).
18 hh. OCA - federal grants for drug court accounts.
19 12. Federal capital projects fund (291).
20 13. Environmental conservation special revenue fund (301):
21 a. Hazardous bulk storage account (F7).
22 b. Utility environmental regulation account (H4).
23 c. Low level radioactive waste siting account (K5).
24 d. Recreation account (K6).
25 e. Conservationist magazine account (S4).
26 f. Environmental regulatory account (S5).
27 g. Mined land reclamation program account (XB).
28 14. Environmental protection and oil spill compensation fund (303).
29 15. Clean air fund (314).
30 16. Centralized services account (323).
31 17. Suburban transportation fund (327).
32 18. Agency enterprise fund (331):
33 a. OGS convention center account (55).
34 19. Agencies internal service fund (334).
35 20. Miscellaneous special revenue fund (339):
36 a. Adoption information registry account (01).
37 b. Statewide planning and research cooperative system account (03).
38 c. Energy office utility conservation activities account (06).
39 d. New York state thruway authority account (08).
40 e. Office of mental retardation and developmental disabilities nonper-
41 sonal service patient income account (10).
42 f. Empire state plaza arts center corporation account (12).
43 g. Civic center account (14).
44 h. Financial control board account (15).
45 i. Tri-state federal account (17).
46 j. Food assistance program account (19).
47 k. Quality of care account (20).
48 l. Continuing care retirement community account (28).
49 m. Surplus commodity container account (40).
50 n. Hospital and nursing home management account (44).
51 o. State university dormitory income reimbursable account (47).
52 p. Energy research account (60).
53 q. Emergency management account (61).
54 r. Criminal justice improvement account (62).
55 s. New York fire academy account (72).
56 t. Environmental laboratory reference fee account (81).
S. 6293 9 A. 9293
1 u. Health services account (86).
2 v. Clinical laboratory reference fee account (90).
3 w. Minority and women`s business development account (91).
4 x. Public employment relations board account (93).
5 y. Radiological health protection account (95).
6 z. Legal technology account (A1).
7 aa. Teacher certification program account (A4).
8 bb. Banking department account (A5).
9 cc. Cable television account (A6).
10 dd. Small business administration account (A8).
11 ee. Hospital based grants program account (AF).
12 ff. Indirect cost recovery account (AH).
13 gg. High school equivalency program account (AI).
14 hh. Rail safety inspection account (AQ).
15 ii. Administrative reimbursement account (AR).
16 jj. OMRDD quality assurance audit account (AS).
17 kk. Insurance department account (B6).
18 ll. Workers' compensation account (B7).
19 mm. Bell jar account (BJ).
20 nn. Industry and utility service account (BK).
21 oo. Energy efficient rebate account (BL).
22 pp. Auditing services refund account (BN).
23 qq. Real property disposition account (BP).
24 rr. Parking account (BQ).
25 ss. Procurement revenue account (BR).
26 tt. Asbestos safety training program account (BW).
27 uu. Improvement of real property tax administration account (BZ).
28 vv. Public service account (C3).
29 ww. Revenue arrearage account (CR).
30 xx. State central register account (CY).
31 yy. Plant industry account (CZ).
32 zz. Batavia school for the blind account (D9).
33 aaa. Surplus property account (DE).
34 bbb. Financial oversight account (DI).
35 ccc. Medicaid fraud control (DL).
36 ddd. Regulation of Indian gaming account (DT).
37 eee. Special conservation activities account (DU).
38 fff. Office of the professions account (E3).
39 ggg. Rome school for the deaf account (E6).
40 hhh. Seized assets account (E8).
41 iii. Administrative adjudication account (E9).
42 jjj. Federal salary sharing account (EC).
43 kkk. Transportation regulation account (F1).
44 lll. Local services account (G3).
45 mmm. Division of housing and community renewal housing information
46 systems special revenue account (H1).
47 nnn. Housing special revenue account (H2).
48 ooo. Triplicate prescription forms account (H5).
49 ppp. Department of motor vehicles compulsory insurance account (H7).
50 qqq. Professional medical conduct account (H9).
51 rrr. Housing credit agency application fee account (J5).
52 sss. Roger Tory Peterson account (K7).
53 ttt. Adult cystic fibrosis program account (L5).
54 uuu. Federal gasoline and diesel fuel excise tax account (L6).
55 vvv. Administrative reimbursement fund (L7).
56 www. Maternal and child HIV services account (LC).
S. 6293 10 A. 9293
1 xxx. Low income housing credit monitoring fee account (NG).
2 yyy. Procurement opportunities newsletter account (P4).
3 zzz. Corporation administration account (P6).
4 aaaa. Excelsior capital corporation reimbursement account (R1).
5 bbbb. Motor fuel quality account (R4).
6 cccc. Weights and measures account (R5).
7 dddd. Deferred compensation administration account (R7).
8 eeee. Batavia medicaid income account (S1).
9 ffff. Rent revenue account (S8).
10 gggg. Rent revenue other account.
11 hhhh. Transportation safety account (T1).
12 iiii. Transportation aviation account (T5).
13 jjjj. Solid waste management account (W3).
14 kkkk. Occupational health clinics account (W4).
15 llll. Examination and Miscellaneous revenue account.
16 mmmm. State student financial aid audit account.
17 nnnn. Montrose veteran's home account.
18 oooo. Child support incentive revenue account.
19 21. State university income fund (345):
20 a. State university general income offset account (11).
21 22. State police and motor vehicle law enforcement fund (354):
22 a. State police motor vehicle law enforcement account (02).
23 23. Youth facilities improvement fund (357).
24 24. Highway safety program fund (362).
25 25. Drinking water program management and administration fund (366).
26 26. New York City county clerks offset fund (368).
27 27. Housing assistance fund (374).
28 28. Housing program fund (376).
29 29. Department of transportation - engineering services fund (380).
30 30. Miscellaneous capital projects (387):
31 a. Clean air capital account (08).
32 31. CUNY capital projects fund (388).
33 32. Mental hygiene facilities capital improvement fund (389).
34 33. Joint/labor management administration fund (394):
35 a. Joint labor/management administration fund (01).
36 34. Audit and control revolving account (395):
37 a. Executive direction internal audit account (04).
38 35. Health insurance internal service fund (396).
39 36. Correctional industries revolving account (397).
40 37. Correctional facilities capital improvement fund (399).
41 § 2. Notwithstanding section 97-n of the state finance law, and in
42 accordance with section 4 of the state finance law, the comptroller is
43 hereby authorized and directed, upon request of the director of the
44 budget, to transfer any moneys in the Hudson river valley greenway fund
45 (056) between the Hudson river valley greenway communities council
46 account (01) and the greenway heritage conservancy of the Hudson river
47 valley account (02) on or before March 31, 2001.
48 § 3. The comptroller is authorized and directed to deposit to the
49 general fund - state purposes account reimbursements from moneys appro-
50 priated or reappropriated to the correctional facilities improvement
51 fund (399) by a chapter of the laws of 2000. Reimbursements shall be
52 available for spending from appropriations made to the department of
53 justice in the general fund - state purposes account by a chapter of the
54 laws of 2000 for costs associated with the administration and security
55 of capital projects and for other costs which are attributable, accord-
56 ing to a plan, to such capital projects.
S. 6293 11 A. 9293
1 § 4. Notwithstanding the provisions of section 171-a of the tax law
2 or any other provisions of law to the contrary, during the fiscal year
3 beginning April 1, 2000, the state comptroller is hereby authorized and
4 directed to deposit to the fund created pursuant to section 97-rrr of
5 the state finance law (the school tax relief fund) from amounts
6 collected pursuant to article 22 of the tax law and pursuant to a sched-
7 ule submitted by the director of the budget, up to $2,110,000,000, as
8 may be certified in such schedule as necessary to meet the purposes of
9 such fund for the fiscal year beginning April 1, 2000, and up to
10 $1,200,000,000 as may be certified in such schedule as necessary to meet
11 the purposes of such fund for the fiscal year beginning April 1, 2001.
12 § 5. Subdivision 10 of section 97-ttt of the state finance law is
13 REPEALED.
14 § 6. Subdivision 4 of section 40 of the state finance law, as amended
15 by section 11 of part C of chapter 389 of the laws of 1997, is amended
16 to read as follows:
17 4. Every appropriation made from a fund or account to a department or
18 agency shall be available for the payment of prior years' liabilities in
19 such fund or account for fringe benefits, indirect costs, and telecommu-
20 nications expenses and expenses for other centralized services fund
21 programs without limit. Every appropriation shall also be available for
22 the payment of prior years' liabilities other than those indicated above
23 but only to the extent of one-half of one percent of the total amount
24 appropriated to a department or agency in such fund or account.
25 [The provisions of this subdivision shall expire March thirty-first,
26 two thousand.]
27 § 7. Subdivision 6 of section 4 of the state finance law, as amended
28 by section 2 of part C of chapter 389 of the laws of 1997, is amended to
29 read as follows:
30 6. Notwithstanding any law to the contrary, at the beginning of the
31 state fiscal year, the state comptroller is hereby authorized and
32 directed to receive for deposit to the credit of a fund and/or an
33 account such monies as are identified by the director of the budget as
34 having been intended for such deposit to support disbursements from such
35 fund and/or account made in pursuance of an appropriation by law. As
36 soon as practicable upon enactment of the budget, the director of the
37 budget shall, but not less than three days following preliminary
38 submission to the chairs of the senate finance committee and the assem-
39 bly ways and means committee, file with the state comptroller an iden-
40 tification of specific monies to be so deposited. Any subsequent change
41 regarding the monies to be so deposited shall be filed by the director
42 of the budget, as soon as practicable, but not less than three days
43 following preliminary submission to the chairs of the senate finance
44 committee and the assembly ways and means committee.
45 All monies identified by the director of the budget to be deposited to
46 the credit of a fund and/or account shall be consistent with the intent
47 of the budget for the then current state fiscal year as enacted by the
48 legislature.
49 [The provisions of this subdivision shall expire on March thirty-
50 first, two thousand.]
51 § 8. Section 88-c of the state finance law is REPEALED.
52 § 9. Section 97-j of the state finance law is REPEALED.
53 § 10. Section 2867 of the public health law is REPEALED.
54 § 11. (1) Pursuant to various chapters of the laws of 2000 making
55 appropriations for capital projects, such appropriations shall be deemed
56 to provide all costs necessary and pertinent to accomplish the intent of
S. 6293 12 A. 9293
1 the appropriation including apportionments to departments, agencies or
2 corporations for the purposes of the specific appropriation or for
3 payment to the construction management account of the centralized
4 services fund of the New York state office of general services for the
5 preparation and review of plans, specifications, estimates, services,
6 construction management and supervision, inspection, studies,
7 appraisals, surveys, testing and environmental statements relating to
8 existing or proposed facilities.
9 Appropriations from the Capital Projects Fund, the City University of
10 New York Capital Projects Fund, the Mental Hygiene Capital Improvement
11 Fund, the Department of Health Facilities Capital Improvement Fund, the
12 Correctional Facilities Capital Improvement Fund, the Youth Facilities
13 Improvement Fund, the Housing Assistance Fund, the Housing Program Fund,
14 the Engineering Services Fund, the Dedicated Highway and Bridge Trust
15 Fund, the Suburban Transportation Fund, the State Parks Infrastructure
16 Fund, the Passenger Facility Charge Fund, the State University Residence
17 Hall Rehabilitation Fund, the State University Capital Projects Fund,
18 the New York State Canal System Development Fund, the Financial Security
19 Fund, the Natural Resources Damages Fund, the Federal Capital Projects
20 Fund, and the Regional Aviation Fund are appropriated in accordance with
21 the provisions of section 93 of the state finance law. Moneys appropri-
22 ated from each such fund type for CCP's, for agency purposes within
23 CCP's, and for projects sharing the same agency purpose within a CCP may
24 be transferred among projects within a CCP in accordance with paragraphs
25 (a) through (g) of subdivision 4 of section 93 of the state finance law
26 and may be transferred among purposes within a CCP subject to the limi-
27 tations of paragraph (e) of subdivision 4 of section 93 of the state
28 finance law.
29 Notwithstanding the provisions of any general or special law, the
30 provisions of paragraphs (a) through (g) of subdivision 4 of section 93
31 of the state finance law which relate to the transfer of a portion of a
32 capital appropriation to another capital appropriation shall be applica-
33 ble to appropriations from each fund.
34 (2) The following funds are eligible to be reimbursed from miscella-
35 neous receipts or the proceeds of notes or bonds sold by public authori-
36 ties, as specified in this subdivision:
37 (a) the health facilities capital improvement fund, from the proceeds
38 of the sale of notes or bonds issued by the New York state dormitory
39 authority;
40 (b) the dedicated highway and bridge trust fund, from miscellaneous
41 receipts or the proceeds of the sale of notes or bonds issued by the New
42 York state thruway authority;
43 (c) the youth facilities improvement fund and the correctional facili-
44 ties capital improvement fund, from the proceeds of the sale of notes or
45 bonds issued by the New York state urban development corporation;
46 (d) the housing assistance fund and the housing program fund, from the
47 proceeds of the sale of notes or bonds issued by the housing finance
48 agency;
49 (e) the mental hygiene capital facilities improvement fund, from
50 miscellaneous receipts or the proceeds of the sale of notes or bonds
51 issued by the New York state dormitory authority as successor to the
52 medical care facilities financing agency pursuant to chapter 83 of the
53 laws of 1995;
54 The comptroller shall receive such reimbursements for deposit in the
55 funds so specified.
S. 6293 13 A. 9293
1 (3) The comptroller is hereby authorized and directed to deposit
2 moneys received, as specified below:
3 (a) the engineering services fund shall receive reimbursements from
4 various capital appropriations;
5 (b) the financial security fund shall receive moneys recovered in
6 accordance with various required financial security arrangements for
7 environmental projects;
8 (c) the natural resources damages fund shall receive moneys recovered
9 from successful natural resource damage claims and related settlements;
10 and
11 (d) the regional aviation fund shall receive moneys from the lease of
12 Stewart Airport, including any payments due to the state from related
13 settlements or agreements.
14 (4) The comptroller shall certify monthly to the director of the budg-
15 et and the chairs of the senate finance and assembly ways and means
16 committees, the total disbursements from the correctional facilities
17 capital improvement fund (399), the department of health facilities
18 capital improvement fund (071), the housing assistance fund (374), the
19 youth facilities improvement fund (357), the housing program fund (376),
20 and the mental hygiene capital improvement fund (389), the total
21 reimbursements to such funds from bond proceeds, and the amount of
22 disbursements from such funds remaining to be financed with bond
23 proceeds. Once a year, as soon as practicable after March 31, the comp-
24 troller shall certify to the director of the budget and the chairs of
25 the senate finance and assembly ways and means committees, for the
26 fiscal year just ended, total disbursements from the correctional facil-
27 ities capital improvement fund, the department of health facilities
28 capital improvement fund, the youth facilities improvement fund, the
29 housing assistance fund, the housing program fund, and the mental
30 hygiene capital improvement fund any amounts transferred from the capi-
31 tal projects fund to such funds for nonbondable disbursements, the total
32 reimbursements to such funds from bond proceeds, and the amount of
33 disbursements from such funds remaining to be financed with bond
34 proceeds.
35 (5) The dormitory authority of the state of New York and the depart-
36 ment of health shall report quarterly to the director of the budget the
37 amounts expended from appropriations in the capital projects fund which
38 are eligible for reimbursement from the proceeds of the bonds. The
39 housing finance agency in conjunction with the affordable housing corpo-
40 ration, the homeless housing assistance corporation and the commissioner
41 of the office of temporary and disability assistance, and the housing
42 trust fund corporation shall report quarterly to the director of the
43 budget on the amounts disbursed from appropriations in the housing
44 program fund and the housing assistance fund which are eligible for
45 repayment from the proceeds of the bonds. The dormitory authority of the
46 state of New York, as successor to the facilities development corpo-
47 ration pursuant to chapter 83 of the laws of 1995 and the office of
48 mental health, the office of mental retardation and developmental disa-
49 bilities, and the office of alcoholism and substance abuse services
50 shall report quarterly to the director of the budget on the amounts
51 disbursed from appropriations in the mental hygiene capital improvement
52 fund which are eligible for reimbursement from the proceeds of the
53 bonds. Such reports shall be submitted to the director of the budget no
54 later than July 30, October 31, January 30, and April 30 of each state
55 fiscal year. The director of the budget shall review these reports and
56 then certify to the comptroller amounts expended from these appropri-
S. 6293 14 A. 9293
1 ations which are reimbursable from bond proceeds. Until such time as the
2 director of the budget determines that the amounts disbursed from such
3 funds are not reimbursable from bond proceeds, all such disbursements
4 shall be considered to be reimbursable from bond proceeds. Upon such
5 certifications for the housing assistance fund, the housing program
6 fund, and the mental hygiene capital improvement fund, the comptroller
7 is hereby authorized to transfer from the capital projects fund, pursu-
8 ant to an appropriation, an amount equal to the amount of disbursements
9 from these appropriations which have not been certified as repayable
10 from bond proceeds.
11 § 12. Notwithstanding any other law, rule or regulation to the contra-
12 ry, the comptroller is hereby authorized and directed to deposit to the
13 credit of the capital projects fund reimbursement from the proceeds of
14 notes and bonds issued by the environmental facilities corporation for a
15 capital appropriation for $27,452,000 authorized by chapter 55 of the
16 laws of 1996 to the department of environmental conservation for a
17 payment of a portion of the state's match for federal capitalization
18 grants for the water pollution control revolving loan fund.
19 § 13. Notwithstanding any other law, rule or regulation to the contra-
20 ry, the comptroller is hereby authorized and directed to deposit to the
21 credit of the capital projects fund reimbursement from the proceeds of
22 notes and bonds issued by the environmental facilities corporation for a
23 capital appropriation for $29,960,000 authorized by chapter 55 of the
24 laws of 1997 to the department of environmental conservation for a
25 payment of a portion of the state's match for federal capitalization
26 grants for the water pollution control revolving loan fund.
27 § 14. Notwithstanding any other law, rule or regulation to the contra-
28 ry, the comptroller is hereby authorized and directed to deposit to the
29 credit of the capital projects fund, reimbursement from the proceeds of
30 notes and bonds issued by the environmental facilities corporation for a
31 capital appropriation for $20,241,000 authorized by chapter 55 of the
32 laws of 1998 to the department of environmental conservation for a
33 payment of a portion of the state's match for federal capitalization
34 grants for the water pollution control revolving loan fund.
35 § 15. Notwithstanding any other law, rule or regulation to the contra-
36 ry, the comptroller is hereby authorized and directed to deposit to the
37 credit of the capital projects fund, reimbursement from the proceeds of
38 notes and bonds issued by the environmental facilities corporation for a
39 capital appropriation for $22,404,000 authorized by chapter 55 of the
40 laws of 1999 to the department of environmental conservation for payment
41 of a portion of the state's match for federal capitalization grants for
42 the water pollution control revolving loan fund, reimbursements for
43 spending from various appropriations for projects related to the New
44 York City Watershed, reimbursement from the proceeds of notes and bonds
45 issued by the environmental facilities corporation for a capital appro-
46 priation for $22,500,000 authorized by chapter 55 of the laws of 1999 to
47 the environmental facilities corporation for payment for the jobs two
48 thousand pipeline for jobs program, reimbursement from the proceeds of
49 notes and bonds issued by the dormitory authority of the state of New
50 York for a capital appropriation for $47,500,000 authorized by chapter
51 53 of the laws of 1999 to the office of science, technology and academic
52 research for payment for the jobs two thousand capital facilities
53 program, reimbursement from the proceeds of notes and bonds issued by
54 the dormitory authority of the state of New York for a capital appropri-
55 ation for $145,000,000 authorized by chapter 53 of the laws of 1999 to
56 the state education department for payment of capital construction
S. 6293 15 A. 9293
1 grants to school districts pursuant to the rebuilding schools to uphold
2 education program, reimbursement from the proceeds of notes and bonds
3 issued by the urban development corporation for a capital appropriation
4 for $25,000,000 authorized by chapter 55 of the laws of 1999 to all
5 state agencies for payment of costs related to economic development,
6 land acquisition, and heritage trail projects, and for reimbursement
7 from the proceeds of notes and bonds issued by the dormitory authority
8 of the state of New York for a capital appropriation for $15,000,000
9 authorized by chapter 53 of the laws of 1999 to the office of children
10 and family services for payment of costs related to the child care
11 facilities development program.
12 § 16. Notwithstanding any other law, rule or regulation to the contra-
13 ry, the comptroller is hereby authorized and directed to deposit to the
14 credit of the capital projects fund, reimbursement from the proceeds of
15 notes and bonds issued by the environmental facilities corporation for a
16 capital appropriation for $43,383,000 authorized by a chapter of the
17 laws of 2000 to the department of environmental conservation for payment
18 of a portion of the state's match for federal capitalization grants for
19 the water pollution control revolving loan fund, to reimburse spending
20 from various appropriations for certain projects related to the New York
21 City Watershed, and reimbursement from the proceeds of notes and bonds
22 issued by the empire state development corporation or other financing
23 source for a capital appropriation for $25,000,000 authorized by a chap-
24 ter of the laws of 2000 to the office of general services for payment of
25 capital construction costs for the department of transportation region
26 one headquarters building located in the city of Schenectady.
27 § 17. Notwithstanding any other law, rule or regulation to the contra-
28 ry, the state comptroller is hereby authorized and directed to use any
29 balance remaining in the mental health services fund debt service appro-
30 priation, after payment by the state comptroller of all obligations of
31 the facilities development corporation, or any successor agency,
32 required pursuant to any lease, sublease or other financing arrangement
33 between the facilities development corporation, the dormitory authority
34 of the state of New York as successor to the New York state medical care
35 facilities financing agency and the facilities development corporation
36 pursuant to chapter 83 of the laws of 1995 and the department of mental
37 hygiene for the purpose of making payments to such agency for the amount
38 of the earnings for the investment of monies deposited in the mental
39 health services fund that such agency determines will or may have to be
40 rebated to the federal government pursuant to the provisions of the
41 internal revenue code of 1986, as amended, in order to enable such agen-
42 cy to maintain the exemption from federal income taxation on the inter-
43 est paid to the holders of such agency's mental services facilities
44 improvement revenue bonds. On or before June 30, 2001, such agency
45 shall certify to the state comptroller, its determination of the amounts
46 received in the mental health services fund as a result of the invest-
47 ment of monies deposited therein that will or may have to be rebated to
48 the federal government pursuant to the provisions of the internal reven-
49 ue code of 1986, as amended.
50 § 18. Pursuant to article 5-A of the state finance law, the total
51 amount of certificates of participation to be issued in the state fiscal
52 year beginning April 1, 2000, to finance and, where appropriate to refi-
53 nance, personal property purposes including the cost of issuance and
54 related costs, shall not exceed $76,000,000 for installment purchases
55 and/or lease purchases of all state departments and agencies, units of
S. 6293 16 A. 9293
1 the state university of New York and city university of New York, and
2 the unified court system.
3 § 19. Pursuant to article 5-A of the state finance law, the total
4 amount of certificates of participation to be issued in the state fiscal
5 year beginning April 1, 2000, to finance and, where appropriate to refi-
6 nance, personal property purposes including the cost of issuance and
7 related costs, shall not exceed $199,000,000 for installment purchases
8 and/or lease purchases of the office of children and family services,
9 the department of labor, the office of temporary and disability assist-
10 ance, and the department of health.
11 § 20. 1. Notwithstanding any other law, rule, or regulation to the
12 contrary, the state comptroller shall at the commencement of each month
13 certify to the director of the budget, the commissioner of environmental
14 conservation, the chair of the senate finance committee, and the chair
15 of the assembly ways and means committee the amounts disbursed from all
16 appropriations for hazardous waste site remediation disbursements for
17 the month preceding such certification.
18 2. Notwithstanding any law to the contrary, prior to the issuance by
19 the comptroller of bonds authorized pursuant to subdivision a of section
20 4 of the environmental quality bond act of nineteen hundred eighty-six,
21 as enacted by chapter 511 of the laws of 1986, disbursements from all
22 appropriations for that purpose shall first be reimbursed from moneys
23 credited to the hazardous waste remedial fund, site investigation and
24 construction account, to the extent moneys are available in such
25 account. For purposes of determining moneys available in such account,
26 the commissioner of environmental conservation shall certify to the
27 comptroller the amounts required for administration of the hazardous
28 waste remedial program.
29 3. The comptroller is hereby authorized and directed to transfer any
30 balance above the amounts certified by the commissioner of environmental
31 conservation to reimburse disbursements pursuant to all appropriations
32 from such site investigation and construction account, provided, howev-
33 er, that if such transfers are determined by the comptroller to be
34 insufficient to assure that interest paid to holders of state obli-
35 gations issued for hazardous waste purposes pursuant to the environ-
36 mental quality bond act of nineteen hundred eighty-six, as enacted by
37 chapter 511 of the laws of 1986, is exempt from federal income taxation,
38 the comptroller is hereby authorized and directed to transfer from such
39 site investigation and construction account to the general fund, the
40 amount necessary to redeem bonds in an amount necessary to assure the
41 continuation of such tax exempt status. Prior to the making of any such
42 transfers, the comptroller shall notify the director of the budget of
43 the amount of such transfers.
44 § 21. Subdivision 1 of section 16 of part D of chapter 389 of the laws
45 of 1997, relating to the financing of the correctional facilities
46 improvement fund and the youth facility improvement fund, as amended by
47 section 15 of part F of chapter 405 of the laws of 1999, is amended to
48 read as follows:
49 1. Notwithstanding the provisions of section 18 of chapter 174 of the
50 laws of 1968, the New York state urban development corporation is hereby
51 authorized to issue bonds, notes and other obligations in an aggregate
52 principal amount not to exceed [four billion two hundred eighty-one
53 million six hundred ninety-three thousand dollars ($4,281,693,000)] four
54 billion seven hundred forty-one million six hundred ninety-three thou-
55 sand dollars ($4,741,693,000), and shall include all bonds, notes and
56 other obligations issued pursuant to chapter 56 of the laws of 1983, as
S. 6293 17 A. 9293
1 amended or supplemented. The proceeds of such bonds, notes or other
2 obligations shall be paid to the state, for deposit in the correctional
3 facilities capital improvement fund to pay for all or any portion of the
4 amount or amounts paid by the state from appropriations or reappropri-
5 ations made to the department of [correctional services] justice from
6 the correctional facilities capital improvement fund for capital
7 projects. The aggregate amount of bonds, notes or other obligations
8 authorized to be issued pursuant to this section shall exclude bonds,
9 notes or other obligations issued to refund or otherwise repay bonds,
10 notes or other obligations theretofore issued, the proceeds of which
11 were paid to the state for all or a portion of the amounts expended by
12 the state from appropriations or reappropriations made to the department
13 of [correctional services] justice; provided, however, that upon any
14 such refunding or repayment the total aggregate principal amount of
15 outstanding bonds, notes or other obligations may be greater than [four
16 billion two hundred eighty-one million six hundred ninety-three thousand
17 dollars ($4,281,693,000)] four billion seven hundred forty-one million
18 six hundred ninety-three thousand dollars ($4,741,693,000), only if the
19 present value of the aggregate debt service of the refunding or repay-
20 ment bonds, notes or other obligations to be issued shall not exceed the
21 present value of the aggregate debt service of the bonds, notes or other
22 obligations so to be refunded or repaid. For the purposes hereof, the
23 present value of the aggregate debt service of the refunding or repay-
24 ment bonds, notes or other obligations and of the aggregate debt service
25 of the bonds, notes or other obligations so refunded or repaid, shall be
26 calculated by utilizing the effective interest rate of the refunding or
27 repayment bonds, notes or other obligations, which shall be that rate
28 arrived at by doubling the semi-annual interest rate (compounded semi-
29 annually) necessary to discount the debt service payments on the refund-
30 ing or repayment bonds, notes or other obligations from the payment
31 dates thereof to the date of issue of the refunding or repayment bonds,
32 notes or other obligations and to the price bid including estimated
33 accrued interest or proceeds received by the corporation including esti-
34 mated accrued interest from the sale thereof.
35 § 22. Section 42 of part F of chapter 405 of the laws of 1999 amend-
36 ing the real property tax law and other laws relating to improving the
37 administration of the school tax relief (STAR) program is amended to
38 read as follows:
39 § 42. This act shall take effect immediately and shall be deemed to
40 have been in full force and effect on and after April 1, 1999, provided,
41 however, that sections one through five, seven through [fourteen] elev-
42 en, twelve through fourteen, and seventeen of this act shall be deemed
43 in full force and effect through March 31, 2000 upon which date such
44 sections shall expire and be deemed repealed.
45 § 23. Subdivisions 4, 5 and 6 of section 97-bbb of the state finance
46 law, as added by chapter 413 of the laws of 1996, are amended to read as
47 follows:
48 4. On or before [the fifth day of each month, the comptroller shall
49 certify to] each April first, and at least quarterly thereafter, the
50 director of the budget shall certify to the comptroller, the chairperson
51 of the senate finance committee and the chairperson of the assembly ways
52 and means committee a monthly amount [which the comptroller and the
53 director of the budget project] projected to be necessary to meet the
54 total annual debt service requirements for the current fiscal year on
55 any bonds [and notes] issued as authorized by the Clean Water/Clean Air
56 Bond Act of 1996. Such amount shall be calculated by estimating the
S. 6293 18 A. 9293
1 total annual debt service for the current fiscal year less any amounts
2 already retained to meet such requirement divided by the number of
3 months remaining in such year. Such monthly amount shall be retained
4 within such fund for transfer to the general debt service fund for
5 reimbursement of debt service on such bonds [and notes].
6 5. The comptroller shall transfer, as needed, to the general debt
7 service fund such moneys as are necessary to reimburse such fund for any
8 debt service disbursements made on such bonds [or notes]. In the event
9 that moneys retained in the clean water/clean air fund are less than the
10 amount needed for such reimbursement, the comptroller shall offset such
11 shortfall from subsequent deposits in the clean water/clean air fund as
12 soon as the revenue is available.
13 6. No later than the last day of the month, the comptroller shall
14 transfer to the general fund any moneys received in such fund during the
15 month that are in excess of the monthly amount certified by the [comp-
16 troller for such month] director of the budget. Notwithstanding any
17 other provision of law, the comptroller shall, on the last day of each
18 fiscal year pay to the general fund all moneys remaining in such fund
19 that are not needed for reimbursement of debt service for the current
20 fiscal year.
21 § 24. Subdivision 2 of section 2926 of the public authorities law, as
22 added by section 23 of part D of chapter 389 of the laws of 1997, is
23 amended to read as follows:
24 2. Authorized issuer; powers. In connection with the issuance of
25 bonds, notes, or other obligations, or in connection with such bonds,
26 notes, or other obligations already outstanding under such financing,
27 bonding, capital, or other such similar program, as specified in subdi-
28 vision one of this section, an authorized issuer shall have the power
29 until July first, two thousand three to:
30 (a) enter into interest rate exchange or similar agreements with any
31 person under such terms and conditions as the authorized issuer may
32 determine, including provisions as to default or early termination and
33 indemnification by the authorized issuer or any other party thereto for
34 loss of benefits as a result thereof;
35 (b) procure insurance, letters of credit or other credit enhancement
36 with respect to agreements described in paragraph (a) of this subdivi-
37 sion;
38 (c) provide security for the payment or performance of its obligations
39 with respect to agreements described in paragraph (a) of this subdivi-
40 sion from such sources and with the same effect as is authorized by
41 applicable law with respect to security for its bonds, notes or other
42 obligations; and
43 (d) modify, amend, [or] replace, or enter into new such agreements,
44 including after July first, two thousand [in the event of a counterparty
45 downgrade, default or similar] three, for the purpose of reducing or
46 eliminating a situation of risk or exposure under an existing agreement,
47 including, but not limited to a counterparty downgrade, default, or
48 other potential economic loss.
49 § 25. Paragraph (d) of subdivision 3 of section 2926 of the public
50 authorities law, as added by section 23 of part D of chapter 389 of the
51 laws of 1997, is amended to read as follows:
52 (d) the total notional amount of such interest rate exchange or simi-
53 lar agreements entered into by the authorized issuer shall not exceed an
54 amount equal to ten percent of the authorized issuer's total amount of
55 bonds, notes, or other obligations outstanding under such financing,
56 bonding, capital, or other such similar program, as specified in subdi-
S. 6293 19 A. 9293
1 vision one of this section; provided, however, that such total notional
2 amount shall not include the notional amount of interest rate exchange
3 or similar agreements entered into for the purpose of reducing or elimi-
4 nating a situation of risk or exposure under an existing agreement,
5 including, but not limited to a counterparty downgrade, default, or
6 other potential economic loss.
7 § 26. (a) Notwithstanding the provisions of section 18 of the New York
8 state urban development corporation act, the urban development corpo-
9 ration is hereby authorized to issue bonds or notes in one or more
10 series in an aggregate principal amount not to exceed $25,000,000,
11 excluding bonds issued to fund one or more debt service reserve funds,
12 to pay costs of issuance of such bonds, and bonds or notes issued to
13 refund or otherwise repay such bonds or notes previously issued, for the
14 purpose of financing the department of transportation region one head-
15 quarters building located in the city of Schenectady, including the
16 reimbursement of any disbursements made from the state capital projects
17 fund. Such bonds and notes of the corporation shall not be a debt of the
18 state, and the state shall not be liable thereon, nor shall they be
19 payable out of any funds other than those appropriated by the state to
20 the corporation for debt service and related expenses pursuant to any
21 service contracts executed pursuant to subdivision (b) of this section
22 and such bonds and notes shall contain on the face thereof a statement
23 to such effect. Except for purposes of complying with the internal
24 revenue code, any interest income earned on bond proceeds shall only be
25 used to pay debt service on such bonds.
26 (b) Notwithstanding any provisions of law to the contrary, in order to
27 assist the corporation in undertaking the administration and financing
28 of the project authorized pursuant to subdivision (a) of this section,
29 the director of the budget is hereby authorized to enter into one or
30 more service contracts with the corporation, none of which shall exceed
31 more than thirty years in duration, upon such terms and conditions as
32 the director of the budget and the corporation agree, so as to annually
33 provide to the corporation, in the aggregate, a sum not to exceed the
34 annual debt service payments and related expenses required for the bonds
35 and notes issued pursuant to this section. Any service contract entered
36 into pursuant to this subdivision shall provide that the obligation of
37 the state to pay the amount therein provided shall not constitute a debt
38 of the state within the meaning of any constitutional or statutory
39 provision and shall be deemed executory only to the extent of monies
40 available and that no liability shall be incurred by the state beyond
41 the monies available for such purposes, subject to annual appropriation
42 by the legislature. Any such contract or any payments made or to be made
43 thereunder may be assigned and pledged by the corporation as security
44 for its bonds and notes, as authorized by this section.
45 § 27. Paragraph c of subdivision 1 of section 9-a of section 1 of
46 chapter 392 of the laws of 1973, constituting the New York state medical
47 care facilities finance agency act, as amended by chapter 90 of the laws
48 of 1989, is amended to read as follows:
49 c. "Mental health services facilities improvement program" shall mean
50 a program undertaken by the agency and the facilities development corpo-
51 ration for the purpose of financing, refinancing, designing, construct-
52 ing, acquiring, reconstructing, rehabilitating, environmentally remedi-
53 ating, demolishing or improving mental hygiene facilities and mental
54 health services facilities or causing such facilities to be financed,
55 refinanced, designed, constructed, acquired, reconstructed, rehabili-
56 tated, environmentally remediated, demolished or improved.
S. 6293 20 A. 9293
1 § 28. Paragraphs a and b of subdivision 2 of section 9-a of section 1
2 of chapter 392 of the laws of 1973, constituting the New York state
3 medical care facilities finance agency act, paragraph a as amended by
4 chapter 203 of the laws of 1990 and paragraph b as amended by chapter 60
5 of the laws of 1993, are amended to read as follows:
6 a. The agency shall have power to enter into one or more lease,
7 sublease, loan or other financing agreements with the directors of the
8 facilities development corporation, or any successor agency, for the
9 purpose of providing the financing or refinancing for or for designing,
10 constructing, acquiring, reconstructing, rehabilitating, environmentally
11 remediating, demolishing and improving mental health services facilities
12 at new or existing mental health services facilities, or on any real
13 property or interest in real property owned by or conveyed from said
14 corporation, or any successor agency, or any voluntary agency, or for
15 the refinancing of any such facilities for which bonds have previously
16 been issued by the agency or by the state housing finance agency and are
17 outstanding and to cause by the providing of such financing such facili-
18 ties to be designed, constructed, acquired, reconstructed,
19 rehabilitated, environmentally remediated, demolished or improved or
20 financed or refinanced by the directors of the said corporation, or any
21 successor agency, all in accordance with one or more lease, sublease,
22 loan or other financing agreements entered into between the agency and
23 the directors of the said corporation pursuant to subdivision 4 of
24 section 9 of the facilities development corporation act.
25 b. The agency shall have power and is hereby authorized from time to
26 time to issue negotiable bonds and notes in conformity with applicable
27 provisions of the uniform commercial code in such principal amount as,
28 in the opinion of the agency, shall be necessary, after taking into
29 account other moneys which may be available for the purpose, to provide
30 sufficient funds to the facilities development corporation, or any
31 successor agency, for the financing or refinancing of or for the design,
32 construction, acquisition, reconstruction, rehabilitation, environmental
33 remediation, demolition or improvement of mental health services facili-
34 ties pursuant to paragraph a of this subdivision, the payment of inter-
35 est on mental health services improvement bonds and mental health
36 services improvement notes issued for such purposes, the establishment
37 of reserves to secure such bonds and notes, the cost or premium of bond
38 insurance or the costs of any financial mechanisms which may be used to
39 reduce the debt service that would be payable by the agency on its
40 mental health services facilities improvement bonds and notes and all
41 other expenditures of the agency incident to and necessary or convenient
42 to providing the facilities development corporation, or any successor
43 agency, with funds for the financing or refinancing of or for any such
44 design, construction, acquisition, reconstruction, rehabilitation, envi-
45 ronmental remediation, demolition or improvement and for the refunding
46 of mental hygiene improvement bonds issued pursuant to section [forty-
47 seven-b] 47-b of the private housing finance law; provided, however,
48 that the agency shall not issue mental health services facilities
49 improvement bonds and mental health services facilities improvement
50 notes in an aggregate principal amount exceeding [four] six billion
51 [four] six hundred million dollars, excluding mental health services
52 facilities improvement bonds and mental health services facilities
53 improvement notes issued to refund outstanding mental health services
54 facilities improvement bonds and mental health services facilities
55 improvement notes; provided, however, that upon any such refunding or
56 repayment of mental health services facilities improvement bonds and/or
S. 6293 21 A. 9293
1 mental health services facilities improvement notes the total aggregate
2 principal amount of outstanding mental health services facilities
3 improvement bonds and mental health facilities improvement notes may be
4 greater than [four] six billion [four] six hundred million dollars only
5 if, except as hereinafter provided with respect to mental health
6 services facilities bonds and mental health services facilities notes
7 issued to refund mental hygiene improvement bonds authorized to be
8 issued pursuant to the provisions of section [forty-seven-b] 47-b of the
9 private housing finance law, the present value of the aggregate debt
10 service of the refunding or repayment bonds to be issued shall not
11 exceed the present value of the aggregate debt service of the bonds to
12 be refunded or repaid. For purposes hereof, the present values of the
13 aggregate debt service of the refunding or repayment bonds, notes or
14 other obligations and of the aggregate debt service of the bonds, notes
15 or other obligations so refunded or repaid, shall be calculated by
16 utilizing the effective interest rate of the refunding or repayment
17 bonds, notes or other obligations, which shall be that rate arrived at
18 by doubling the semi-annual interest rate (compounded semi-annually)
19 necessary to discount the debt service payments on the refunding or
20 repayment bonds, notes or other obligations from the payment dates ther-
21 eof to the date of issue of the refunding or repayment bonds, notes or
22 other obligations and to the price bid including estimated accrued
23 interest or proceeds received by the authority including estimated
24 accrued interest from the sale thereof. Such bonds, other than bonds
25 issued to refund outstanding bonds, shall be scheduled to mature over a
26 term not to exceed the average useful life, as certified by the facili-
27 ties development corporation, of the projects for which the bonds are
28 issued, and in any case shall not exceed thirty years and the maximum
29 maturity of notes or any renewals thereof shall not exceed five years
30 from the date of the original issue of such notes. Notwithstanding the
31 provisions of this section, the agency shall have the power and is here-
32 by authorized to issue mental health services facilities improvement
33 bonds and/or mental health services facilities improvement notes to
34 refund outstanding mental hygiene improvement bonds authorized to be
35 issued pursuant to the provisions of section [forty-seven-b] 47-b of the
36 private housing finance law and the amount of bonds issued or outstand-
37 ing for such purposes shall not be included for purposes of determining
38 the amount of bonds issued pursuant to this section. The director of
39 the budget shall allocate the aggregate principal authorized to be
40 issued by the agency among the office of mental health, office of mental
41 retardation and developmental disabilities, and the office of alcoholism
42 and substance abuse services, in consultation with their respective
43 commissioners to finance bondable [appropriation] appropriations previ-
44 ously approved by the legislature.
45 § 29. Paragraph d of subdivision 6 of section 9-a of section 1 of
46 chapter 392 of the laws of 1973, constituting the New York state medical
47 care facilities finance agency act, as amended by chapter 203 of the
48 laws of 1990, is amended to read as follows:
49 d. The cost of design, construction, acquisition, reconstruction,
50 rehabilitation, environmental remediation, demolition or improvement of
51 facilities undertaken by the agency pursuant to this act may include the
52 cost of acquisition of any real property, interest in real property and
53 improvements leased or conveyed to the agency in accordance with subdi-
54 vision 1 of this section and the cost of the original furnishings,
55 equipment, machinery and apparatus determined by the responsible public
56 corporation or officer to be needed to furnish and equip such facilities
S. 6293 22 A. 9293
1 upon the completion of work. The agency shall have power to acquire or
2 lease and to hold real property, any interest in real property and
3 improvements required for the design, construction, acquisition, recon-
4 struction, rehabilitation, environmental remediation, demolition or
5 improvement of facilities undertaken by the agency pursuant to this act
6 and to provide the original furnishings, equipment, machinery and appa-
7 ratus determined by the responsible public corporation or officer to be
8 needed to furnish and equip such facilities upon the completion of work
9 and to issue its bonds and notes to provide sufficient funds to pay or
10 refinance the cost thereof.
11 § 30. Subparagraph (ii) of paragraph f of subdivision 6 of section 9-a
12 of section 1 of chapter 392 of the laws of 1973, constituting the New
13 York state medical care facilities finance agency act, as amended by
14 chapter 203 of the laws of 1990, is amended to read as follows:
15 (ii) Subject to such agreements with third parties as may then exist,
16 the facilities development corporation is hereby authorized and
17 empowered to enter into leases, subleases, loans and other financing
18 agreements with the agency with respect to any mental hygiene facility
19 described in subparagraph (i) of this paragraph, and the real property
20 or any interest in real property upon which such a facility is or may be
21 located, in accordance with the provisions of subdivision 4 of section 9
22 of the facilities development corporation act and the provisions of
23 subdivisions 1 through 5 of this section; and the agency is hereby
24 authorized and empowered to accept any lease or conveyance of any such
25 mental hygiene facility, and the real property or any interest in real
26 property upon which such a facility is or may be located, to acquire,
27 construct, reconstruct, rehabilitate, environmentally remediate, demol-
28 ish or improve any such facility, and to issue bonds and notes to
29 provide sufficient funds therefor in accordance with the provisions of
30 this section.
31 § 31. Paragraph a of subdivision 4 of section 9 of section 1 of chap-
32 ter 359 of the laws of 1968, constituting the facilities development
33 corporation act, as amended by chapter 90 of the laws of 1989, is
34 amended to read as follows:
35 a. Upon certification by the director of the budget of the availabili-
36 ty of required appropriation authority, the corporation, or any succes-
37 sor agency, is hereby authorized and empowered to enter into leases,
38 subleases, loans and other financing agreements with the state housing
39 finance agency and/or the state medical care facilities finance agency,
40 and to enter into such amendments thereof as the directors of the corpo-
41 ration, or any successor agency, may deem necessary or desirable, which
42 shall provide for (i) the financing or refinancing of or the design,
43 construction, acquisition, reconstruction, rehabilitation, environmental
44 remediation, demolition or improvement of one or more mental hygiene
45 facilities or for the refinancing of any such facilities for which bonds
46 have previously been issued and are outstanding, and the purchase or
47 acquisition of the original furnishings, equipment, machinery and appa-
48 ratus to be used in such facilities upon the completion of work, (ii)
49 the leasing to the state housing finance agency or the state medical
50 care facilities finance agency of all or any portion of one or more
51 existing mental hygiene facilities and one or more mental hygiene facil-
52 ities to be designed, constructed, acquired, reconstructed, rehabili-
53 tated, environmentally remediated, demolished or improved, or of real
54 property related to the work to be done, including real property
55 originally acquired by the appropriate commissioner or director of the
56 department in the name of the state pursuant to article [seventy-one] 71
S. 6293 23 A. 9293
1 of the mental hygiene law, (iii) the subleasing of such facilities and
2 property by the corporation upon completion of design, construction,
3 acquisition, reconstruction, rehabilitation, environmental remediation,
4 demolition or improvement, such leases, subleases, loans or other
5 financing agreements to be upon such other terms and conditions as may
6 be agreed upon, including terms and conditions relating to length of
7 term, maintenance and repair of mental hygiene facilities during any
8 such term, and the annual rentals to be paid for the use of such facili-
9 ties, property, furnishings, equipment, machinery and apparatus, and
10 (iv) the receipt and disposition, including loans to voluntary agencies,
11 of proceeds of mental health service facilities bonds or notes issued
12 pursuant to section [nine-a] 9-A of the New York state medical care
13 facilities finance agency act. For purposes of the design, construction,
14 acquisition, reconstruction, rehabilitation, environmental remediation,
15 demolition or improvement work required by the terms of any such lease,
16 sublease or agreement, the corporation shall act as agent for the state
17 housing finance agency or the state medical care facilities finance
18 agency. In the event that the corporation enters into an agreement for
19 the financing of any of the aforementioned facilities with the state
20 housing finance agency or the state medical care facilities finance
21 agency, or in the event that the corporation enters into an agreement
22 for the financing or refinancing of any of the aforementioned facilities
23 with one or more voluntary agencies, it shall act on its own behalf and
24 not as agent. The appropriate commissioner or director of the department
25 on behalf of the department shall approve any such lease, sublease, loan
26 or other financing agreement and shall be a party thereto. All such
27 leases, subleases, loans or other financing agreements shall be approved
28 prior to execution by no less than three directors of the corporation.
29 § 32. Subdivision 9 of section 41.03 of the mental hygiene law, as
30 amended by chapter 90 of the laws of 1989, is amended to read as
31 follows:
32 9. "capital costs" means the costs of a local government, a voluntary
33 agency, or the facilities development corporation with respect to the
34 acquisition of real property estates, interests, and cooperative inter-
35 ests in realty, their design, construction, reconstruction, rehabili-
36 tation, environmental remediation, demolition and improvement, original
37 furnishings and equipment, site development, and appurtenances of a
38 local facility. Capital costs do not include any of the foregoing costs
39 paid under provisions of law other than this chapter.
40 § 33. Any capital funds appropriated or reappropriated to the office
41 of mental health, the office of mental retardation and developmental
42 disabilities, and the office of alcoholism and substance abuse services
43 may be used for personal service, nonpersonal service, indirect cost
44 recovery, or fringe benefit costs associated with New York state employ-
45 ees assigned to capital projects for the purpose of designing,
46 constructing, acquiring, reconstructing, rehabilitating, environmentally
47 remediating, demolishing or improving mental hygiene facilities and
48 mental health services facilities.
49 § 34. Notwithstanding any other inconsistent provision of law, and
50 subject to the approval of the director of the budget, capital funds
51 appropriated or reappropriated to the office of mental health, office of
52 mental retardation and developmental disabilities, and the office of
53 alcoholism and substance abuse services may be paid to the dormitory
54 authority of the state of New York to cover costs associated with capi-
55 tal projects. In addition, the office of the state comptroller shall
S. 6293 24 A. 9293
1 refund appropriations at the request of the dormitory authority of the
2 state of New York for amounts paid in excess of actual costs.
3 § 35. Paragraph (a) of subdivision 2 of section 47-e of the private
4 housing finance law, as amended by section 18 of part F of chapter 405
5 of the laws of 1999, is amended to read as follows:
6 (a) In order to enhance and encourage the promotion of housing
7 programs and thereby achieve the stated purposes and objectives of such
8 housing programs, the agency shall have the power and is hereby author-
9 ized from time to time to issue negotiable housing program bonds and
10 notes in such principal amount as shall be necessary to provide suffi-
11 cient funds for the repayment of amounts disbursed pursuant to a chapter
12 of the laws of [nineteen hundred ninety-nine] two thousand making capi-
13 tal appropriations or reappropriations for the purposes of the housing
14 program, provided, however, that the agency may issue such bonds and
15 notes in an aggregate principal amount not exceeding one billion [one]
16 two hundred ten million dollars, plus a principal amount of bonds issued
17 to fund the debt service reserve fund in accordance with the debt
18 service reserve fund requirement established by the agency and to fund
19 any other reserves that the agency reasonably deems necessary for the
20 security or marketability of such bonds and to provide for the payment
21 of fees and other charges and expenses, including underwriters'
22 discount, trustee and rating agency fees, bond insurance, credit
23 enhancement and liquidity enhancement related to the issuance of such
24 bonds and notes. No reserve fund securing the housing program bonds
25 shall be entitled or eligible to receive state funds apportioned or
26 appropriated to maintain or restore such reserve fund at or to a partic-
27 ular level, except to the extent of any deficiency resulting directly or
28 indirectly from a failure of the state to appropriate or pay the agreed
29 amount under any of the contracts provided for in subdivision four of
30 this section.
31 § 36. Paragraph (a) of subdivision 5 of section 47-e of the private
32 housing finance law, as amended by section 19 of part F of chapter 405
33 of the laws of 1999, is amended to read as follows:
34 (a) Upon the issuance of housing program bonds or notes, the agency
35 shall apply such amount of the proceeds thereof as shall be designated
36 and specified in the bond or note resolution or resolutions authorizing
37 the issuance of such bonds or notes to the specific funds and/or
38 accounts of one or more housing programs. The bond resolution or resol-
39 utions authorizing the issuance of such bonds or notes shall only allo-
40 cate net proceeds of bonds or notes to a particular fund or account of a
41 housing program if the legislature has authorized in a chapter of the
42 laws of [nineteen hundred ninety-nine] two thousand an advance to such
43 fund or account and the amount of such bond or note proceeds so allo-
44 cated to such fund or account shall not exceed the total amount so
45 authorized to be advanced. Such proceeds shall be disbursed to such a
46 fund or account in accordance with such allocation only for application
47 to the repayment of advances previously or thereupon made and not previ-
48 ously repaid. Such proceeds may not be transferred from an entity
49 authorized to administer a housing program to the state or a fund of the
50 state except in repayment of such advances. Except in the case of
51 refunding bonds or notes authorized hereunder, any net proceeds not so
52 allocated or disbursed shall be utilized first to pay debt service on
53 the applicable bonds or notes in the current or the succeeding fiscal
54 year and second to the redemption of such bonds, provided that such
55 application may be adjusted to comply with applicable federal law as to
S. 6293 25 A. 9293
1 federal tax exemption. For purposes of this paragraph, earnings from the
2 investment of net proceeds shall be treated as net proceeds.
3 § 37. Section 17 of part D of chapter 389 of the laws of 1997, relat-
4 ing to the financing of the correctional facilities improvement fund and
5 the youth facility improvement fund, as amended by section 16 of part F
6 of chapter 405 of the laws of 1999, is amended to read as follows:
7 § 17. Youth facilities bond program. 1. Notwithstanding the provisions
8 of section 18 of chapter 174 of the laws of 1968, the New York state
9 urban development corporation is hereby authorized to issue bonds, notes
10 and other obligations in an aggregate principal amount not to exceed
11 [two hundred thirty-five million eight hundred fifteen thousand dollars
12 ($235,815,000)] three hundred twenty-eight million five hundred fifteen
13 thousand dollars ($328,515,000), which authorization increases the
14 aggregate principal amount of bonds, notes and other obligations author-
15 ized by section 40 of chapter 309 of the laws of 1996, and shall include
16 all bonds, notes and other obligations issued pursuant to chapter 211 of
17 the laws of 1990, as amended or supplemented. The proceeds of such
18 bonds, notes or other obligations shall be paid to the state, for depos-
19 it in the youth facilities improvement fund, to pay for all or any
20 portion of the amount or amounts paid by the state from appropriations
21 or reappropriations made to the office of children and family services
22 from the youth facilities improvement fund for capital projects. The
23 aggregate amount of bonds, notes and other obligations authorized to be
24 issued pursuant to this section shall exclude bonds, notes or other
25 obligations issued to refund or otherwise repay bonds, notes or other
26 obligations theretofore issued, the proceeds of which were paid to the
27 state for all or a portion of the amounts expended by the state from
28 appropriations or reappropriations made to the office of children and
29 family services; provided, however, that upon any such refunding or
30 repayment the total aggregate principal amount of outstanding bonds,
31 notes or other obligations may be greater than [two hundred thirty-five
32 million eight hundred fifteen thousand dollars ($235,815,000)] three
33 hundred twenty-eight million five hundred fifteen thousand dollars
34 ($328,515,000), only if the present value of the aggregate debt service
35 of the refunding or repayment bonds, notes or other obligations to be
36 issued shall not exceed the present value of the aggregate debt service
37 of the bonds, notes or other obligations so to be refunded or repaid.
38 For the purposes hereof, the present value of the aggregate debt service
39 of the refunding or repayment bonds, notes or other obligations and of
40 the aggregate debt service of the bonds, notes or other obligations so
41 refunded or repaid, shall be calculated by utilizing the effective
42 interest rate of the refunding or repayment bonds, notes or other obli-
43 gations, which shall be that rate arrived at by doubling the semi-annual
44 interest rate (compounded semi-annually) necessary to discount the debt
45 service payments on the refunding or repayment bonds, notes or other
46 obligations from the payment dates thereof to the date of issue of the
47 refunding or repayment bonds, notes or other obligations and to the
48 price bid including estimated accrued interest or proceeds received by
49 the corporation including estimated accrued interest from the sale ther-
50 eof.
51 2. For purposes of this section, the following provisions shall apply
52 to powers in connection with financing and refinancing of the design,
53 acquisition, construction, reconstruction, rehabilitation and improve-
54 ment of facilities for the office of children and family services by the
55 New York state urban development corporation.
S. 6293 26 A. 9293
1 (a) The New York state office of general services shall be responsible
2 for the undertaking of studies, planning, site acquisition, design,
3 construction, reconstruction, renovation and development of youth facil-
4 ities, including the making of any purchases therefor, on behalf of the
5 New York state office of children and family services.
6 (b) Notwithstanding the provisions of any general or special law to
7 the contrary, and subject to the making of annual appropriations there-
8 for by the legislature, in order to assist the New York state urban
9 development corporation in the financing and refinancing of the design,
10 acquisition, construction, reconstruction, rehabilitation and improve-
11 ment of facilities for the office of children and family services, the
12 director of the budget is authorized in any state fiscal year to enter
13 into one or more service contracts, none of which shall exceed thirty
14 years in duration, with the New York state urban development corpo-
15 ration, upon such terms as the director of the budget and the New York
16 state urban development corporation agree;
17 (c) Any service contract entered into pursuant to paragraph (a) of
18 this subdivision or any payments made or to be made thereunder may be
19 assigned and pledged by the New York state urban development corporation
20 as security for its bonds and notes;
21 (d) Any such service contract shall provide that the obligation of the
22 director of the budget or of the state to fund or to pay the amounts
23 therein provided for shall not constitute a debt of the state within the
24 meaning of any constitutional or statutory provision in the event the
25 New York state urban development corporation assigns or pledges service
26 contract payments as security for its bonds or notes and shall be deemed
27 executory only to the extent moneys are available and that no liability
28 shall be incurred by the state beyond the moneys available for the
29 purpose, and that such obligation is subject to annual appropriation by
30 the legislature;
31 (e) Any service contract or contracts for projects entered into pursu-
32 ant to this subdivision shall provide for state commitments to provide
33 annually to the New York state urban development corporation a sum or
34 sums, upon such terms and conditions as shall be deemed appropriate by
35 the director of the budget, to fund, or to fund the debt service
36 requirements of, any bonds or notes, including bonds issued to fund any
37 required debt service reserve requirement for bonds, of the New York
38 state urban development corporation issued to pay to the state all or a
39 portion of the amounts expended by the state from appropriations or
40 reappropriations made to the office of children and family services for
41 capital projects.
42 3. (a) The provisions of section 17 of the public officers law shall
43 apply to directors, officers, employees and agents of the New York state
44 urban development corporation in connection with any and all claims,
45 demands, suits, actions or proceedings which may be made or brought
46 against any of them arising out of any determinations made or actions
47 taken or omitted to be taken in compliance with any obligations under or
48 pursuant to the terms of this section. The provisions of this subdivi-
49 sion shall be in addition to and shall not supplant any indemnification
50 or other benefits heretofore or hereafter conferred upon directors,
51 officers and employees of the corporation by subdivision 3-a of section
52 4 of chapter 174 of the laws of 1968, as amended by action of such
53 corporation, or otherwise.
54 (b) The state shall and hereby agrees to and does indemnify and save
55 harmless the New York state urban development corporation from and
56 against any and all liability, loss, damage, interest, judgments and
S. 6293 27 A. 9293
1 liens, and any and all costs and expenses (including, but not limited
2 to, counsel fees and disbursements) arising out of or incurred in
3 connection with any and all claims, demands, suits, actions or
4 proceedings which may be made or brought against such corporation (1)
5 arising out of any determinations made or actions taken or omitted to be
6 taken or compliance with any obligations under or pursuant to the terms
7 of this act, or (2) for or in relation to any injuries, including death
8 at any time resulting therefrom, sustained by a person or persons, or on
9 account of damage to or loss of property, through theft or otherwise, to
10 the extent the same arises out of or in consequence of the design,
11 acquisition, construction, reconstruction, rehabilitation and improve-
12 ment of facilities for the office of children and family services,
13 including the furnishing and equipping thereof, but in each such case
14 only to the extent that such corporation is not otherwise compensated
15 therefor by insurance.
16 § 38. Section 97-rrr of the state finance law, as amended by section
17 25 of part F of chapter 405 of the laws of 1999, is amended to read as
18 follows:
19 § 97-rrr. Debt reduction reserve fund. 1. There is hereby established
20 in the joint custody of the comptroller and the commissioner of taxation
21 and finance a fund to be known as the debt reduction reserve fund. Such
22 fund shall be established [within the general fund and any monies depos-
23 ited into such fund shall be kept separate and apart from other monies
24 in the general fund] as a capital projects fund.
25 2. Such fund shall consist of all monies credited or transferred ther-
26 eto from the general fund or from any other fund or sources pursuant to
27 law.
28 3. The monies in such fund, following appropriation by the legislature
29 and allocation by the director of the budget, shall be available for the
30 following purposes:
31 (a) for the payment of principal, interest, and related expenses on
32 general obligation bonds, lease purchase payments, or special contractu-
33 al obligation payments, or for the purposes of retiring or defeasing
34 bonds previously issued, including any accrued interest thereon, for any
35 state-supported bonding program or programs, and;
36 (b) for the funding of capital projects, equipment acquisitions, or
37 similar expenses which have been authorized by law to be financed
38 through the issuance of bonds, notes, or other obligations.
39 § 39. Notwithstanding the provisions of section 171-a of the tax law
40 or any other provisions of law to the contrary, during the fiscal year
41 beginning April 1, 2000, the state comptroller is hereby authorized and
42 directed to deposit to the fund created pursuant to section 97-rrr of
43 the state finance law (the debt reduction reserve fund) from amounts
44 collected pursuant to article 22 of the tax law and pursuant to a sched-
45 ule submitted by the director of the budget, up to $250,000,000, as may
46 be certified in such schedule as necessary to meet the purposes of such
47 fund for the fiscal year beginning April 1, 2000.
48 § 40. Notwithstanding any law to the contrary, and in accordance with
49 section 4 of the state finance law, the state comptroller is hereby
50 authorized and directed to transfer, upon request of the director of the
51 budget, on or before March 31, 2001, up to $250,000,000 from the tobacco
52 settlement fund to the debt reduction reserve fund.
53 § 41. Notwithstanding any law to the contrary, and in accordance with
54 section 4 of the state finance law, the state comptroller is hereby
55 authorized and directed to transfer, upon request of the director of the
56 budget, on or before March 31, 2001, up to $92,000,000 from the tobacco
S. 6293 28 A. 9293
1 settlement fund to the tobacco transfer fund, medical assistance
2 account.
3 § 42. Notwithstanding any provision of law to the contrary and
4 subject to the availability of appropriations, the commissioner of the
5 division of housing and community renewal is authorized to continue to
6 make periodic subsidy payments pursuant to the public housing law for a
7 period of years not exceeding the life of the project assisted by such
8 subsidy and in any event for not more than 60 years.
9 § 43. This act shall take effect immediately and shall be deemed to
10 have been in full force and effect on and after April 1, 2000, provided,
11 however, that sections one through four, eleven through twenty, and
12 thirty-nine through forty-two of this act shall be deemed in full force
13 and effect through March 31, 2001 when upon such date such sections
14 shall expire and be deemed repealed.
15 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
16 sion, section or part of this act shall be adjudged by any court of
17 competent jurisdiction to be invalid, such judgment shall not affect,
18 impair, or invalidate the remainder thereof, but shall be confined in
19 its operation to the clause, sentence, paragraph, subdivision, section
20 or part thereof directly involved in the controversy in which such judg-
21 ment shall have been rendered. It is hereby declared to be the intent of
22 the legislature that this act would have been enacted even if such
23 invalid provisions had not been included herein.
24 § 3. This act shall take effect immediately provided, however, that
25 the applicable effective date of Parts A through D of this act shall be
26 as specifically set forth in the last section of such Parts.