2006 New York Code - Public Broadcasting Facilities Assistance Program.

 
    * §  236-a.  Public  broadcasting  facilities  assistance  program. 1.
  Establish program. There is hereby established within the  department  a
  public  broadcasting  facilities  assistance  program to be administered
  according to the provisions of this section.
    2. Purpose. The purpose  of  this  program  is  to  provide  financial
  assistance  to  public  broadcasting  stations  in  New  York  state  to
  encourage rehabilitation, acquisition, construction, and maintenance  of
  their  capital  facilities  and  equipment  to  ensure  that the social,
  educational, recreational and economic benefits  of  such  organizations
  are enhanced.
    3.  Eligibility.  a.  Any  public  television or public radio station,
  incorporated in accordance with this article, is eligible to  apply  for
  this program.
    b.   Any  project  or  plan  of  capital  improvement,  including  the
  acquisition,  design,  construction,   reconstruction,   rehabilitation,
  preservation,  development,  improvement  or modernization of facilities
  and equipment and other physical assets of public broadcasting  stations
  is  eligible for funding under this program, provided that the provision
  in  paragraph  c  of  this  subdivision  is  met.  Notwithstanding   any
  provisions  of  law to the contrary, eligible project costs for purposes
  of the capital improvement  project  grants  program  pursuant  to  this
  section  may include, but not be limited to, the actual costs of design,
  financing, site acquisition and  preparation,  demolition,  construction
  and  rehabilitation  of structures, equipment, parking and other related
  facilities.
    c. Eligibility for the capital improvement  project  grants  shall  be
  limited  to  projects  that  provide  for matching non-state funds in an
  amount at least equal to the state grant being requested. Such  matching
  non-state  funds  may  include  funds that will be expended or have been
  expended in the five year period prior to the  effective  date  of  this
  section  by  the public broadcasting station to assist in the conversion
  to  digital  broadcasting  or  to  meet  costs   associated   with   the
  establishment of a public television station interconnect.
    4.  Allocation  of aid. A public broadcasting station may apply for an
  initial aid allocation  from  the  total  amount  appropriated  for  the
  purposes  of  this  section.  Funds  shall  be  allocated between public
  television stations and public radio stations  in  accordance  with  the
  respective  percentages  each  category  of  stations  received  in  the
  aggregate from the two thousand four--two  thousand  five  appropriation
  for  state  operating  aid  to public broadcasting stations. Each of the
  nine public televisions stations shall be eligible to receive a  maximum
  allocation  of  one-ninth of the total amount of funds made available to
  public television stations in  accordance  with  this  subdivision.  Any
  remaining  funds  following  initial allocations shall be distributed to
  support  eligible  public  broadcasting  capital  improvement   projects
  according  to  a  plan developed by the commissioner and approved by the
  division of the budget.
    5. Capital improvement project grants. a. Subject to the provisions of
  chapter fifty-nine of the laws of two thousand, but notwithstanding  any
  provisions  of  law  to  the contrary, one or more authorized issuers as
  defined by section sixty-eight-a of the state  finance  law  are  hereby
  authorized to issue bonds or notes in one or more series in an aggregate
  principal  amount not to exceed fifteen million dollars, excluding bonds
  issued to finance one or more debt service reserve funds, to  pay  costs
  of  issuance  of  such  bonds,  and  bonds  or notes issued to refund or
  otherwise repay such bonds or notes previously issued, for  the  purpose
  of  financing  approved  capital  improvement  project grants for public
  broadcasting stations in New York state;  and  to  reimburse  the  state
  general  fund  for  disbursements made therefor. Such bonds and notes of
  such authorized issuer shall not be a debt of the state, and  the  state
  shall  not be liable thereon, nor shall they be payable out of any funds
  other than those appropriated by the state to such authorized issuer for
  debt  service  and  related  expenses  pursuant  to any service contract
  executed pursuant to paragraph b of this subdivision and such bonds  and
  notes  shall  contain  on  the  face thereof a statement to such effect.
  Except for purposes of complying with the  internal  revenue  code,  any
  interest  income  earned on bond proceeds shall only be used to pay debt
  service on such bonds.
    b. Notwithstanding any provisions of law to the contrary, in order  to
  assist  such  authorized  issuer  in  undertaking the administration and
  financing of the projects authorized pursuant to  paragraph  a  of  this
  subdivision,  the  director  of the budget is hereby authorized to enter
  into one or more service contracts with such authorized issuer; none  of
  which  shall  exceed more than twenty years in duration, upon such terms
  and conditions as the director of the budget and such authorized  issuer
  agree,  so  as  to  annually  provide  to such authorized issuer, in the
  aggregate, a sum not to exceed the  annual  debt  service  payments  and
  related  expenses  required  for  the bonds and notes issued pursuant to
  this subdivision. Any service contract entered  into  pursuant  to  this
  paragraph  shall  provide  that  the  obligation of the state to pay the
  amount therein provided shall not constitute a debt of the state  within
  the  meaning  of  any constitutional or statutory provision and shall be
  deemed executory only to the extent of  monies  available  and  that  no
  liability shall be incurred by the state beyond the monies available for
  such  purposes,  subject to annual appropriation by the legislature. Any
  such contract or any payments made or  to  be  made  thereunder  may  be
  assigned  or pledged by such authorized issuer as security for its bonds
  and notes, as authorized by this subdivision.
    6.  Certification.  The  commissioner  shall  certify,   by   December
  thirtieth,  two  thousand  five and each year thereafter, to such issuer
  and the director of the budget, each  public  broadcasting  station  for
  which  he  or  she  has  approved  a  capital  improvement project grant
  pursuant to this section, and such other certifications and  information
  regarding  such  project  requested  by  such  authorized  issuer  as is
  necessary for the  issuance  of  bonds,  notes,  or  other  obligations,
  pursuant to this section and the amount of that grant.
    7.  Report.  On  or  before  November  fifteenth  of  each  year,  the
  commissioner shall submit, and thereafter may resubmit, to the  director
  of  the  budget,  the state comptroller, the chair of the senate finance
  committee and the chair of the  assembly  ways  and  means  committee  a
  report  setting  forth  the  amounts,  if  any,  of  all annual payments
  estimated to be appropriated to the authority pursuant to  such  service
  contracts  between  the  issuer  and the director of the division of the
  budget pursuant to this section.
    * NB Repealed March 31, 2007