2006 New York Code - Recovery Of State Governmental Costs From Public Authorities And Public Benefit Corporations.

 
    §  2975.  Recovery of state governmental costs from public authorities
  and public benefit corporations. 1. Notwithstanding any other  provision
  of  law to the contrary, every public authority and every public benefit
  corporation created by or pursuant to New York state law at least  three
  of  whose  members are appointed by the governor, whether such authority
  or corporation is otherwise governed by this chapter (such entities,  as
  so  constituted,  to  be  hereafter in this title referred to as "public
  benefit corporations"), shall reimburse to New York state  an  allocable
  share  of  state  governmental  costs  attributable  to the provision of
  services to public  benefit  corporations,  as  determined  herein.  The
  payment  of  such  costs  by  public benefit corporations is a valid and
  proper purpose for which available authority funds may be applied.
    2. (a) Annually the director of the division  of  the  budget  of  the
  state of New York (such person to be hereafter in this title referred to
  as  the  "director  of  the  budget"),  in  consultation  with the state
  comptroller, shall determine the total amount of expenses incurred or to
  be incurred during the  state's  fiscal  year  in  connection  with  the
  provision   of   central   governmental   services   to  public  benefit
  corporations. Such expenses, in addition to the direct costs of personal
  service, shall include indirect costs of employee benefits,  maintenance
  and operation, state equipment and facilities, rental for space occupied
  in  state  leased  facilities  or  the fair market rental value of space
  occupied in state owned facilities, and  contractual  services,  all  as
  attributable  to  the  provision  of  otherwise unreimbursed services to
  public benefit corporations by the New York state  department  of  audit
  and  control,  department  of  law,  executive  chamber, division of the
  budget, the legislature, and such agencies, boards or commissions as the
  director of the  budget  determines  provide  such  services  to  public
  benefit corporations.
    (b)  On  or before November first, two thousand three and on or before
  November first of each year thereafter, the director of the budget shall
  determine the amount owed under this  section  by  each  public  benefit
  corporation.  The  director  of the budget may reduce, in whole or part,
  the amount of such assessment if the payment thereof would necessitate a
  state appropriation for  the  purpose,  or  would  otherwise  impose  an
  extraordinary hardship upon the affected public benefit corporation. The
  aggregate  amount  assessed under this section in any given state fiscal
  year may not exceed forty million dollars.
    3. The state treasurer shall  impose  and  collect  such  assessments,
  which  shall  be  paid  no  later  than March thirty-first following the
  imposition of the assessments, and pay the same into the state  treasury
  to the credit of the general fund.
    4.  The provisions of subdivisions two and three of this section shall
  not apply to any public benefit corporation which enters into a contract
  or agreement with the director of the budget  which  otherwise  provides
  for  cost  recovery  to  the  state  and  includes  a provision that, in
  accordance with this subdivision, subdivisions two  and  three  of  this
  section  shall  not  apply  to  such  public  benefit  corporation.  The
  circumstances for the entry into such contract or agreement may include,
  but shall not be limited to, the following: (a) where such  contract  or
  agreement  is  for  an  amount which equals or exceeds the amount of the
  assessment provided by subdivision two of this section; or
    (b) where the payment of all or a portion of the  assessment  provided
  by subdivision two of this section would necessitate, in the judgment of
  the director of the budget, an appropriation therefor by the state.
    5.  On  or before June first, nineteen hundred ninety, and annually on
  or before June first, the director of the budget  shall  report  to  the
  respective  chairpersons  of  the  assembly ways and means committee and
  senate finance committee the amount of cost recovery  obtained  pursuant
  to  this title and all contracts and agreements entered into pursuant to
  subdivision four of this section for the state fiscal year ending on the
  preceding March thirty-first.