NY Educ L § 6279 (2021)
2021 New York Laws EDN - Education Title 7 - State and City Colleges and Institutions-Cornell University Article 125-B - City University Construction Fund 6279 - Payments to Fund.

§ 6279. Payments  to fund. To enable the fund to realize its corporate purposes, as provided in section sixty-two hundred seventy-three of this article, the following monies shall be made available  to  the  fund  as hereinafter provided:  (1)  The  state  shall,  in  addition  to  any  other  state financial assistance, annually appropriate and pay to the fund an amount equal  to the  aggregate  of  all  rentals  and  such  other  payments  due to the dormitory authority from the fund pursuant to  any  lease,  sublease  or other  agreement  entered  into  between the dormitory authority and the fund prior to July first, nineteen hundred eighty-five  or  pursuant  to any  agreement  supplemental thereto, pursuant to which the fund and the dormitory authority provide senior  college  facilities,  for  the  city fiscal  year  commencing  July first succeeding the filing of the report required to be submitted by the fund pursuant to  subdivision  seven  of section  sixty-two  hundred  seventy-four  of  this article. Such amount shall be paid to the fund as follows: (i) on or before the fifteenth day of July of the fiscal year of the city, the amount required to  be  paid by  the  fund  under  any  such lease, sublease or other agreement on or before the first day of August of such city  fiscal  year;  (ii)  on  or before the fifteenth day of November of the fiscal year of the city, the amount required to be paid by the fund under any such lease, sublease or other  agreement  on  or  before  the tenth day of December of such city fiscal year; (iii) on or before the fifteenth day of May of  the  fiscal year  of  the city, the amount required to be paid by the fund under any such lease, sublease or other agreement on or before the  tenth  day  of June  of such city fiscal year; and (iv) on such day or days as shall be prescribed under any such  lease,  sublease  or  other  agreements,  the amount required to be paid by the fund under any such lease, sublease or other  agreements entered into on or after April first, nineteen hundred ninety-nine.   The state shall, in addition to any other state financial  assistance, annually appropriate and pay to the fund an amount equal to one-half the aggregate  of  all  rentals and such other payments due to the dormitory authority from the  fund  pursuant  to  any  lease,  sublease  or  other agreement  entered  into  between  the  dormitory authority and the fund prior to July first, nineteen hundred eighty-five  or  pursuant  to  any agreement  supplemental  thereto,  pursuant  to  which  the fund and the dormitory authority provide community college facilities, for  the  city fiscal  year  commencing  July first succeeding the filing of the report required to be submitted by the fund pursuant to  subdivision  seven  of section  sixty-two  hundred  seventy-four  of this article, which amount shall be payable as follows: (a) fifty per centum of such  amount  shall be  payable, (i) with respect to any portion thereof required to be paid by the fund under any such lease, sublease  or  other  agreement  on  or before  the  first  day of August of such city fiscal year, on or before the fifteenth day of July, and (ii) with respect to any portion  thereof so  required  to  be  paid  by  the  fund  on or before the tenth day of December of such city fiscal year, on or before  the  fifteenth  day  of November;  (b)  fifty  per  centum of such amount shall be payable on or before the fifteenth day of May of such city fiscal year; and (c)  fifty per  centum of such amount shall be payable on such day or days as shall be prescribed under any such lease, sublease or  other  agreements,  the amount required to be paid by the fund under any such lease, sublease or other  agreements entered into on or after April first, nineteen hundred ninety-nine.  (2)  The  city  shall,  in  addition  to  any  other  city   financial assistance,  annually pay to the fund an amount equal to one-half of the aggregate of all rentals and such other payments due  to  the  dormitory  authority  from  the  fund  pursuant  to  any  lease,  sublease or other agreement entered into between the  dormitory  authority  and  the  fund prior  to  July  first,  nineteen hundred eighty-five or pursuant to any agreement supplemental thereto, for the city fiscal year commencing July first  succeeding  the  filing of the report required to be submitted by the fund pursuant to subdivision  seven  of  section  sixty-two  hundred seventy-four  of this article, which amount shall be payable as follows: (a) fifty per centum of such amount shall be payable, (i)  with  respect to  any  portion  thereof required to be paid by the fund under any such lease, sublease or other agreement on or before the first day of  August of  such  city  fiscal year, on or before the fifteenth day of July, and (ii) with respect to any portion thereof so required to be paid  by  the fund on or before the tenth day of December of such city fiscal year, on or  before  the  fifteenth  day of November; and (b) fifty per centum of such amount shall be payable on or before the fifteenth day  of  May  of such  city  fiscal  year; provided, however, that such amount shall have been first appropriated by the city to the fund or shall otherwise  have been  made  lawfully  available to the fund for such purposes; provided, further, that the amount required to be paid to the fund by the city  at any  time  on  account of the rentals and such other payments due to the dormitory authority from the fund pursuant to  any  lease,  sublease  or other  agreement  entered  into  between the dormitory authority and the fund prior to July first, nineteen hundred eighty-five  or  pursuant  to any  agreement  supplemental thereto, pursuant to which the fund and the dormitory authority provide senior college facilities, shall be  reduced by  an amount equal to the amount by which the payment made by the state pursuant to the first paragraph of subdivision one of  this  section  on account  of  such lease, sublease or other agreement exceeds one-half of the amount then required to be paid by the  state  on  account  of  such lease,  sublease  or other agreement. In the event of the failure of the city to pay the fund, pursuant to the schedule of  payments  established by  this  subdivision,  all  or  part  of  such  amounts, the fund shall forthwith make and deliver to the comptroller of the state of New York a certificate stating such amount and the sum, if any, paid by the city to the fund with respect to such amount, and further stating the difference between such amount and such sum, and, after the state comptroller shall have given written notice to the city director of management and budget, such difference, but not to exceed sixty-five million dollars in any one city fiscal year, shall be paid to the fund by the state comptroller out of the next succeeding payment of state aid apportioned to the  city  of New  York as per capita aid for the support of local government pursuant to section fifty-four of the state finance law during such  city  fiscal year.  The  amount  so  paid over to the fund shall be deducted from the corresponding apportionment of  such  per  capita  state  aid  otherwise payable  to  the  city  of New York, and shall not obligate the state to make or  entitle  the  city  of  New  York  to  receive  any  additional apportionment  or  payment  of per capita state aid. Notwithstanding any other provision of law, the  city  shall  have  the  power  to  contract indebtedness  and to issue its obligations pursuant to the local finance law for the purpose of financing any payment authorized or  required  to be  made  by  the  city  by  this  subdivision.  Any  such payment shall constitute an object  or  purpose  for  which  the  period  of  probable usefulness is hereby determined to be five years.  (3)  (a)  The  state shall, in addition to any other state assistance, annually  appropriate  and  pay  to  the  city  of  New  York  for   the twelve-month  period  commencing July first, nineteen hundred eighty-two and thereafter, an amount equal to the amount paid by the city  pursuant  to  subdivision  two  of  this  section  attributable  to senior college facilities.  (b)  For the purposes of this section and subdivision seven of section sixty-two hundred seventy-four of this article, the term "senior college facilities" shall be deemed to mean and refer to  any  facility  of  the city  university  which is or has been financed by bonds, notes or other obligations of the dormitory authority pursuant to any  lease,  sublease or  other  agreement  between the dormitory authority and the fund which relates to an educational unit of the city university which was, or  is, included  as  a  senior  college  on  the  date  as of which such lease, sublease or other agreement is dated.  (c) In addition to the amounts specified  in  paragraph  (a)  of  this subdivision, the state shall, in addition to any other state assistance, annually  appropriate  and  pay  to  the city of New York for the twelve month period commencing July  first,  nineteen  hundred  eighty-two  and thereafter  an  amount  equal to the amount paid by the city pursuant to subdivision two of this section attributable to facilities of  New  York city  college  of technology and to that educational unit of the college of Staten Island  whose  primary  purpose  is  providing  associate  and certificate programs in general and technical educational subjects.  (4)  The  state  shall,  in  addition  to  any  other  state financial assistance, annually appropriate and pay to the fund for the benefit  of the  city university an amount equal to the aggregate of all rentals and other payments due to the dormitory authority from the fund  on  account of  senior  college  facilities  and  one-half  of all rentals and other payments due to the dormitory authority from  the  fund  on  account  of community  college  facilities,  which  rentals  and  other payments are payable by the fund pursuant to any lease, sublease or  other  agreement entered  into  between  the dormitory authority and the fund on or after July first, nineteen hundred eighty-five,  other  than  pursuant  to  an agreement supplemental to any lease, sublease or other agreement entered into  between  the dormitory authority and the fund prior to July first, nineteen hundred eighty-five, for the city fiscal year  commencing  July first  succeeding  the  filing of the report required to be submitted by the fund pursuant to subdivision  seven  of  section  sixty-two  hundred seventy-four  of  this article. Such amount shall be paid to the fund as follows: (i) on or before the fifteenth day of July of the  fiscal  year of  the  city,  the amount required to be paid by the fund on account of senior college facilities and fifty per centum of the amount required to be paid by the fund on account of community college facilities under any such lease, sublease or other agreement on or before the  first  day  of August  of such city fiscal year; (ii) on or before the fifteenth day of November of the fiscal year of the city, the amount required to be  paid by the fund on account of senior college facilities and fifty per centum of  the  amount  required to be paid by the fund on account of community college facilities under any such lease, sublease or other agreement  on or  before the tenth day of December of such city fiscal year; and (iii) on or before the fifteenth day of May of the fiscal year  of  the  city, the  amount required to be paid by the fund on account of senior college facilities and fifty per centum of the amount required to be paid by the fund on account of community college facilities under  any  such  lease, sublease  or  other agreement on or before the tenth day of June of such city fiscal year. In the event of the failure of the state  to  pay  the fund  when due pursuant to this subdivision all or part of such amounts, the fund shall forthwith make and deliver  to  the  comptroller  of  the state  of  New  York  a  certificate  stating  the amount of the payment required to have been made by the state, the amount paid  by  the  state and  the  amount  remaining  unpaid by the state. The comptroller of the  state of New York, after giving written notice to the state director  of the  budget,  shall  pay  to  the  fund  the  amount  set  forth in such certificate as remaining unpaid, which amount shall  be  paid  from  any moneys  appropriated  by the state pursuant to section sixty-two hundred twenty-one of this chapter or any successor provisions of law for or  on account  of  the net operating costs of senior colleges and not yet paid during such city fiscal year and from any  moneys  appropriated  by  the state pursuant to subdivision one of section sixty-three hundred four of this  chapter  or  any  successor provisions of law for or on account of operating costs of community colleges and not yet paid during such  city fiscal year or from any other moneys appropriated by the state for or on account  of  the operating costs of senior or community colleges and not yet paid during such city fiscal years, which moneys are appropriated in lieu  of  or  in  addition  to  moneys  appropriated  pursuant  to  such provisions  of law. The amount required to be paid by the comptroller of the state of New York pursuant to this subdivision shall be paid to  the fund as soon as practicable after receipt of the certificate of the fund and  notice  to the state director of the budget is given whether or not the moneys from which such payment is to be made are then payable to the city or  the  city  university;  provided,  however,  that  any  amounts described  in  clause  (i),  (ii)  or (iii) of this subdivision that are payable other than semi-annually, including  for  variable  rate  bonds, interest  rate  exchange  or  similar  agreements,  or  other  financing arrangements permitted by law, may be paid at such other  times  as  the state  may  elect,  but  in no event later than the fifteenth day of the month preceding the month during which the  fund  is  required  by  such lease, sublease or agreement to pay such amounts.  (5)   The  city  shall,  in  addition  to  any  other  city  financial assistance, annually appropriate and pay to the fund for the benefit  of the city university an amount equal to: (i) one-half of the aggregate of all  rentals  and  such other payments where the dormitory authority has financed the entire  capital  cost  of  constructing  community  college facilities,  and  (ii)  all  of  the  aggregate  rentals  and such other payments where the dormitory  authority  has  financed  only  the  local sponsor's  portion of the capital cost of constructing community college facilities pursuant to any lease, sublease or  other  agreement  entered into  between  the  dormitory  authority  and  the fund on or after July first, nineteen hundred eighty-five, other than pursuant to an agreement supplemental to any lease, sublease  or  other  agreement  entered  into between  the  dormitory  authority  and  the  fund  prior to July first, nineteen hundred eighty-five, for the city fiscal year  commencing  July first  succeeding  the  filing of the report required to be submitted by the fund pursuant to subdivision  seven  of  section  sixty-two  hundred seventy-four  of  this article. Such amount shall be paid to the fund as follows: (i) on or before the fifteenth day of July of the  fiscal  year of  the  city, fifty per centum of the amount required to be paid by the fund on account of community college facilities under  any  such  lease, sublease or other agreement on or before the first day of August of such city fiscal year; (ii) on or before the fifteenth day of November of the fiscal  year  of the city, fifty per centum of the amount required to be paid by the fund on account of community college  facilities  under  any such  lease,  sublease  or other agreement on or before the tenth day of December of such city fiscal year; and (iii) on or before the  fifteenth day  of  May  of  the  fiscal  year of the city, fifty per centum of the amount required to be paid by the fund on account of  community  college facilities  under  any  such  lease,  sublease  or other agreement on or before the tenth day of June of such city fiscal year. In the  event  of the  failure  of  the  city  to  pay  the fund when due pursuant to this  subdivision all or part of such amounts, the fund shall  forthwith  make and  deliver  to  the comptroller of the state of New York a certificate stating the amount of the payment required to  have  been  made  by  the city, the amount paid by the city and the amount remaining unpaid by the city.  The  comptroller  of  the state of New York, after giving written notice to the city director of management and budget, shall pay  to  the fund the amount set forth in such certificate as remaining unpaid, which amount  shall be paid, first, from the next succeeding payments of state aid apportioned to the city as per capita aid for the support  of  local government  pursuant  to  section  fifty-four  of  the state finance law during such city fiscal year, provided that the amount  the  comptroller of  the state of New York may pay pursuant to this subdivision from such next succeeding payment of state aid  shall  be  limited  to  an  amount which,  together  with (i) the amount of such state aid theretofore paid and then to be paid by the comptroller of the state of New York pursuant to subdivision two of this section, (ii) the amount of  such  state  aid theretofore  paid  pursuant  to  this  subdivision and (iii) the maximum amount  which  may  thereafter  be  required  to  be  paid  pursuant  to subdivision  two  of  this  section,  in  each such case during the city fiscal year in which  the  payment  is  to  be  made  pursuant  to  this subdivision,  does  not  exceed  sixty-five million dollars; and, if the amount of such state aid so paid by the comptroller of the state of  New York is less than the amount set forth in the certificate of the fund as remaining  unpaid,  then  from  any  moneys  appropriated  by  the state pursuant to section sixty-two hundred twenty-one of this chapter or  any successor provisions of law for or on account of the net operating costs of  senior  colleges  and  not yet paid during such city fiscal year and from any moneys appropriated by the state pursuant to subdivision one of section sixty-three hundred  four  of  this  chapter  or  any  successor provisions  of  law  for  or  on account of operating costs of community colleges and not yet paid during such  city  fiscal  year  or  from  any moneys  appropriated  by  the  state  for or on account of the operating costs of senior or community colleges and not yet paid during such  city fiscal  year, which moneys are appropriated in lieu of or in addition to moneys appropriated pursuant to  such  provisions  of  law.  The  amount required to be paid by the comptroller of the state of New York pursuant to  this  subdivision  shall  be paid to the fund as soon as practicable after receipt of the certificate of the fund  and  notice  to  the  city director of management and budget is given, whether or not the state aid or other moneys from which such payment is to be made is then payable to the  city  or  the city university. The amount of the state aid or other moneys payable to the  city  or  the  city  university  from  which  the comptroller of the state of New York has made a payment pursuant to this subdivision  shall  be  reduced  by  the  amount  so  paid  to  the fund notwithstanding the amount appropriated and apportioned by the state  to the city or the city university, and the state shall not be obligated to make  and  the  city  or  the  city  university shall not be entitled to receive any additional apportionment or payment of  such  state  aid  or other  moneys;  provided,  however, that any amounts described in clause (i), (ii) or (iii) of this  subdivision  that  are  payable  other  than semi-annually, including for variable rate bonds, interest rate exchange or similar agreements, or other financing arrangements permitted by law, may  be  paid at such other times as the city may elect, but in no event later than the fifteenth day of the month  preceding  the  month  during which  the  fund is required by such lease, sublease or agreement to pay such amounts.  (6) The amounts of money required to be paid pursuant to this  section shall be determined from the report required to be submitted by the fund  pursuant  to subdivision seven of section sixty-two hundred seventy-four of this article. Nothing contained in subdivision four or five  of  this section  shall  be  construed  to create an obligation upon the state to appropriate moneys for or on account of the operating costs of senior or community  colleges,  to  preclude the state from reducing the amount of moneys appropriated or level of assistance provided  for  the  operating costs  of  senior  or community colleges from the amount appropriated or level of assistance provided in  any  prior  city  fiscal  year,  or  to preclude  the  state  from  altering or modifying the manner in which it provides for or provides assistance for the operating costs of senior or community colleges.  (7) Notwithstanding the designation  of  Medgar  Evers  college  as  a senior  college,  for the period commencing July first, nineteen hundred ninety-four and thereafter, the city of New York  shall  include  Medgar Evers  college  facilities  in  its  calculation of amounts due the fund pursuant to subdivision  five  of  this  section  and  for  purposes  of paragraph  c  of  subdivision one of section sixty-three hundred four of this chapter.