NY Pub Auth L § 2975 (2021)
2021 New York Laws PBA - Public Authorities Article 9 - General Provisions Title 10 - State Governmental Cost Recovery System 2975 - 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 sixty-five 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.   3-a.  A  direct  portion of these funds shall be allocated to fund the authorities budget office established by section four of this chapter.   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.