NY Educ L § 6221 (2021)
2021 New York Laws EDN - Education Title 7 - State and City Colleges and Institutions-Cornell University Article 125 - City University of New York 6221 - Financing of the City University of New York.

§ 6221. Financing  of  the  city  university  of  New  York. A. Senior college operating expenses. 1. Notwithstanding any  other  provision  of law,  all  expenditures  for the senior college programs and services of the city university of New York shall continue to be  pre-financed  from city  of  New  York  funds. The comptroller of the state of New York may establish  a  separate  fund  for  the  receipt  and  deposit  of   such pre-financing  funds  from  the  city  of  New  York  pursuant  to  this subdivision, and all  other  monies  deemed  appropriate  by  the  state comptroller and the state director of the budget, except that all monies presently  required  by  law  to be paid directly to the city university construction fund shall continue to be so paid. All monies  appropriated for  such  senior  college  programs and services, or derived from other sources in the course of the administration thereof, shall  be  expended upon  vouchers  approved  by  the  chancellor of the city university, as chief  administrative  officer  of  the  city  university,  or  by  such authority  or  authorities in the city university as shall be designated by the chancellor  by  a  rule  or  written  direction  filed  with  the comptroller, when and in the manner authorized by the board of trustees. No monies appropriated for such senior college programs and services, or derived  from other sources in the course of the administration thereof, shall be expended until a certificate of the aggregate  funds  available for  expenditure pursuant to section forty-nine of the state finance law has been approved by the director of the budget and copies thereof filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. In regard  to the  city  university,  the  director  of  the budget shall exercise the authority granted under section forty-nine of the state finance  law  in accordance  with  the  provisions  of paragraph b of subdivision four of section three hundred fifty-five of this chapter.   2. a. Notwithstanding any other provision of law, the city of New York shall appropriate in its expense budget and pay to the  account  of  the senior  colleges  of  the  city  university of New York as operating aid amounts in accordance with the following schedule:  (i) For  the  twelve-month  period  commencing  July  first,  nineteen hundred  seventy-nine,  an  amount  equal  to  the lesser of fifty-eight million, three hundred ninety-three thousand  dollars  ($58,393,000)  or twenty-five  per  centum  of  the  net operating expenses of such senior college programs and services, as certified by the  comptroller  of  the state of New York to be properly chargeable to such twelve-month period;  (ii)  For  the  twelve-month  period  commencing  July first, nineteen hundred eighty, an amount equal to  eighty  per  centum  of  the  amount specified in (i) of subparagraph a of this paragraph.  (iii)  For  the  twelve-month  period  commencing July first, nineteen hundred eighty-one, an amount equal to forty per centum  of  the  amount specified in (i) of subparagraph a of this paragraph.   b. For the twelve-month period commencing July first, nineteen hundred eighty-two and thereafter, the city of New York shall not be required to make  any  appropriation in support of the net operating expenses of the programs and services of the senior colleges of the city university.   c. (i) Subject to the provisions of item (ii)  of  this  subparagraph, the  amounts  specified in this subdivision shall be exclusive of monies payable by such city for  campus  schools  and  debt  service  on  bonds attributable   to  such  university  pursuant  to  article  one  hundred twenty-five-B of this chapter.  (ii) (1) The amounts specified in this subdivision, in so far as  such amounts  consist  of  payments for the twelve-month period commencing on July  first,  nineteen  hundred  seventy-nine,  shall  not  include  any unfunded  accrued  liability payments required to be made in such period  pursuant to chapters nine hundred seventy-five, nine hundred seventy-six and  nine  hundred  seventy-seven  of  the  laws  of  nineteen   hundred seventy-seven with respect to pension contributions.  (2)  The  amounts  specified  in  this  subdivision, in so far as such amounts consist of payments for the twelve-month  period  commencing  on July first, nineteen hundred eighty, shall not include:  (a)  any  revised  unfunded  accrued liability payments (as defined in subdivision seven of section sixty-two  hundred  two  of  this  article) which  are  required  to  be made in such period with respect to pension contributions; or  (b) any installment of the nineteen hundred  eighty  unfunded  accrued liability  adjustment  (as  defined in subdivision eight of such section sixty-two hundred two), whether a charge or a credit, which  installment is  required  to be paid or credited, as the case may be, in such period with respect to pension contributions.  (3) During the  period  beginning  on  July  first,  nineteen  hundred eighty-one  and  ending  on June thirtieth, nineteen hundred ninety, the net operating expenses of  the  programs  and  services  of  the  senior colleges of the city university shall not include any of the payments or installments  of  charge or credit stated below in this sub-item (3), in so far as such payments or installments are attributable to employees of such senior colleges:  (a) any revised unfunded accrued liability  payments  (as  defined  in subdivision  seven  of  section  sixty-two  hundred two of this article) required to be made in  such  period  and  thereafter  with  respect  to pension contributions; and  (b)  any  installments  of  nineteen  hundred  eighty unfunded accrued liability adjustment (as defined in subdivision eight  of  such  section sixty-two hundred two), whether a charge or a credit, which installments are  required  to  be  paid  or  credited,  as  the case may be, in such twelve-month period and thereafter; and  (c) any installments  of  the  nineteen  hundred  eighty-two  unfunded accrued  liability adjustment (as defined in subdivision eight-a of such section sixty-two hundred two), which installments are  required  to  be credited in such twelve-month period and thereafter; and  (d)   any   balance  sheet  liability  contributions  (as  defined  in subdivision  nine  of  such  section  sixty-two   hundred   two)   which contributions are required to be made in such period; and  (e)  any  installments  of  the  NYCERS  nineteen  hundred eighty-five unfunded  accrued  liability  adjustment  attributable  to  the   senior colleges  (as  defined  in subdivision eight-b of such section sixty-two hundred two), regardless of the prescribed time  of  crediting  of  such installments; and  (f)  any  installments  of  the  NYCTRS  nineteen  hundred eighty-five unfunded accrued liability adjustment (as defined in subdivision eight-c of such section sixty-two hundred two),  regardless  of  the  prescribed time of crediting of such installments; and  (g)  any  installments  of  the  NYCTRS  nineteen  hundred  eighty-six unfunded accrued liability adjustment (as defined in subdivision eight-d of such section sixty-two hundred two),  regardless  of  the  prescribed time of crediting of such installments; and  (h) any installments of the New York city employees' retirement system nineteen  hundred  eighty-eight  unfunded  accrued  liability adjustment attributable to the senior colleges (as defined in  subdivision  eight-e of  such  section  sixty-two hundred two), whether a charge or a credit, regardless of the prescribed  time  of  payment  or  crediting  of  such installments; and  (i)  any installments of the New York city teachers' retirement system nineteen hundred  eighty-eight  unfunded  accrued  liability  adjustment attributable  to  the senior colleges (as defined in subdivision eight-f of such section sixty-two hundred two), whether a charge  or  a  credit, regardless  of  the  prescribed  time  of  payment  or crediting of such installments; and  (4) Commencing with the twelve-month period beginning on  July  first, nineteen  hundred  ninety  and thereafter, the net operating expenses of the programs and services of the senior colleges of the city  university shall not include any of the payments or installments of charge or cred- it or contributions stated below in this sub-item (4):  (a) the contributions for twenty-year amortization of nineteen hundred ninety  senior  college consolidated UAL and senior college remainder of BSL (as defined in subdivision eight-o of section sixty-two hundred  two of this article; and  (b)  any  payments  or installments of any NYCERS post-June thirtieth, nineteen  hundred   ninety   unfunded   accrued   liability   adjustment attributable  to  the senior colleges (as defined in subdivision eight-g of section sixty-two hundred two of this article); and  (c) any  payments  or  installments  of  NYCTRS  post-June  thirtieth, nineteen   hundred   ninety   unfunded   accrued   liability  adjustment attributable to the senior colleges (as defined in  subdivision  eight-h of section sixty-two hundred two of this article).   d.  (i)  Nothing  contained  in  this  paragraph shall be construed to remove the obligation of the city of New York, as prescribed by sections sixty-two hundred  thirty  and  sixty-two  hundred  thirty-one  of  this article,   for   payment  of  its  share  of  unfunded  accrued  pension liabilities attributable to employees of the senior colleges of the city university of New York required  to  be  made  in  the  city's  nineteen hundred  seventy-nine--nineteen  hundred  eighty fiscal year pursuant to chapters nine hundred seventy-five, nine hundred  seventy-six  and  nine hundred seventy-seven of the laws of nineteen hundred seventy-seven.  (ii)  Nothing contained in this paragraph shall be construed to remove the obligation of the city  of  New  York,  as  prescribed  by  sections sixty-two  hundred  thirty  and  sixty-two  hundred  thirty-one  of this article, for payment of its share of:  (1) the revised unfunded accrued liability contributions  (as  defined in  subdivision  seven of section sixty-two hundred two of this article) which  are  required  to  be  made  in  the  city's   nineteen   hundred eighty--nineteen hundred eighty-one fiscal year; and  (2)  any  installment  of  nineteen  hundred  eighty  unfunded accrued liability  adjustment  (as  defined  in  subdivision  eight  of  section sixty-two  hundred  two  of this article) which, if such adjustment is a charge, is required to be paid in such fiscal year.  (iii) Subject to the provisions of subdivision m of  section  13-638.2 of the administrative code of the city of New York, nothing contained in this  paragraph  shall be construed to remove the obligation of the city of New York, as prescribed by  sections  sixty-two  hundred  thirty  and sixty-two  hundred  thirty-one of this article, for payment of its share of:  (1) the revised unfunded accrued liability contributions  (as  defined in  subdivision  seven of section sixty-two hundred two of this article) which  are  required  to  be  made  in  the  city's   nineteen   hundred eighty-one--nineteen hundred eighty-two fiscal year and thereafter; and  (2)  any  installment  of  nineteen  hundred  eighty  unfunded accrued liability  adjustment  (as  defined  in  subdivision  eight  of  section sixty-two  hundred  two  of this article) which, if such adjustment is a charge, is required to be made in such fiscal years; and  (3)  any  balance  sheet  liability  contribution   (as   defined   in subdivision nine of section sixty-two hundred two of this article) which is required to be made in such fiscal years.   e.  In  addition  to  the  amounts specified in subparagraph a of this paragraph and notwithstanding the provisions of subparagraph b  of  this paragraph,  the city of New York shall appropriate in its expense budget and pay to the account of the senior colleges of the city university  of New  York as the city's share of operating aid for the college of Staten Island and New York city college of  technology  amounts  in  accordance with the following schedule:  (i)  For  the  twelve  month  period  commencing  July first, nineteen hundred eighty, an amount that shall equal  four  million,  one  hundred thousand dollars ($4,100,000).  (ii)  For  the  twelve  month  period  commencing July first, nineteen hundred eighty-one, an amount equal to one-half of the amount  specified in clause (i) of this subparagraph.  (iii)  For  the  twelve  month  period commencing July first, nineteen hundred eighty-two, and thereafter the city of New  York  shall  not  be required  to make any appropriation for operating aid for the college of Staten Island and New York city college of technology.   3. The state shall annually appropriate and pay an amount equal to the net operating expenses of such senior college programs and services less that amount payable, if any,  by  the  city  of  New  York  pursuant  to paragraph  two  of this subdivision. Such state payment shall be made in four installments, on or before April twenty-fifth,  June  twenty-fifth, October twenty-fifth and February twenty-fifth.   4.  Commencing  with  the  twelve-month  period  beginning July first, nineteen hundred eighty-two and thereafter, the state shall reimburse to the city of New York  one  hundred  per  centum  of  the  net  operating expenses of the approved programs and services of the senior colleges.   4-a.  Notwithstanding  the provision of any law, rule or regulation to the contrary, the city university shall be entitled to annually  receive an  apportionment  and  payment  of state assistance equal to all moneys derived  as  a  result  of  the  tuition  increase,  calculated  as  the difference in the amount generated using the tuition rates authorized by the  trustees  of  the  city  university  for the two thousand eight-two thousand nine academic year and the amount generated using  the  tuition rates  authorized  by  the  trustees  of the city university for the two thousand nine-two thousand ten academic year, pursuant to the  following schedule:  for the two thousand nine-two thousand ten academic year, the city university shall receive an amount equal to twenty percent of  such tuition  increase; for the two thousand ten-two thousand eleven academic year, the city university  shall  receive  an  amount  equal  to  thirty percent  of  such  tuition  increase;  for  the  two thousand eleven-two thousand twelve academic year, the  city  university  shall  receive  an amount  equal to forty percent of such tuition increase; and for the two thousand twelve-two thousand thirteen academic year, the city university shall receive an amount equal to fifty percent of such tuition increase. Such apportionment shall be for the  enhanced  investment  in  the  city university of the state of New York and shall be used to supplement, not supplant,  gross  senior  college  operating  budget support, unless the director of the budget determines that state fiscal conditions  preclude such  an  outcome and, in which case, the director shall submit a report regarding  the  recommended  funding  levels  and  whether  the  tuition increase apportionment provisions of this subdivision have been complied with  for  the city university of the state of New York to the chairs of the senate finance committee and the assembly ways and  means  committee and the chairs of the senate higher education committee and the assembly  higher  education  committee  no  later  than fifteen days following the release of the executive budget.   5.  The comptroller of the state of New York shall provide accounting, payroll, expenditure and revenue reporting and similar services for  the senior  colleges  for the period commencing July first, nineteen hundred eighty-two and thereafter. Notwithstanding any other provision  of  law, he  may,  to  the  extent he deems it necessary and practicable, require senior  colleges  of  the  city  university  to  conform  to   statutory requirements,  rules,  and administrative procedures applicable to state departments and agencies.   6. The director of the budget of the state of New  York  may,  to  the extent  he  deems it necessary and practicable, giving due consideration to the particular circumstances of  the  city  university,  require  the senior  colleges  of  the  city university of New York to conform to the state statutory requirements, rules and administrative  procedures  such as  are  applicable  to  the  state  university  of  New  York regarding budgetary and fiscal matters.   7. For the purposes of  this  subdivision,  "net  operating  expenses" shall  be  defined  as the total operating expenses of approved programs and  services  less:  (a)  all  excess  tuition  and  instructional  and non-instructional  fees attributable to the senior colleges and received from the city university construction fund pursuant to subdivision b  of section  sixty-two  hundred seventy-eight of this chapter; (b) an amount to be deposited from overhead funds and miscellaneous earnings recovered in the administration of  sponsored  programs  for  which  the  research foundation  of  the  city  university of New York has been designated as fiscal administrator; (c) the amount of all monies from any source other than those paid by the city, if any, and the state on a per centum basis of the net operating budget, which are expended  through  the  operating budget;  and  (d)  that  portion  of  the  operating  costs  of  central administration and  university-wide  programs  which  the  state  budget director determines to be chargeable to the community colleges and which is  to  be  paid  by  the  city of New York pursuant to paragraph two of subdivision C of this section.   B. Senior college capital  costs.  Commencing  with  the  twelve-month period beginning July first, nineteen hundred eighty-two and thereafter, the state shall pay one hundred per centum of capital costs exclusive of those  financed  pursuant  to  the  provisions  of  article  one hundred twenty-five-B of this chapter,  of  the  senior  colleges  of  the  city university of New York, provided however that commencing with the twelve month  period  beginning  July  first,  nineteen  hundred eighty-two and thereafter, the state shall pay one hundred per centum of capital  costs exclusive  of  those  financed pursuant to the provisions of article one hundred twenty-five-B of this chapter, of the college of Staten  Island, New  York  city  college  of  technology and, commencing with the twelve month period beginning July first, two  thousand  nine  and  thereafter, Medgar Evers college, provided, however, that appropriations authorizing such  costs  have  been  approved by the legislature. The advancement of capital projects pursuant to this subdivision shall be  undertaken  only in  accordance  with the provisions of section ninety-three of the state finance law.   C. Community colleges. 1. The amount, methods and procedures  for  the payment of state aid to community colleges of the city university of New York shall continue to be governed pursuant to the provisions of section sixty-three  hundred  four  of  this  chapter and any rule or regulation promulgated pursuant thereto. Notwithstanding any inconsistent provision of law, for the purposes of this paragraph, any reference  contained  in section  sixty-three hundred four of this chapter to the approval of the  state university trustees for such state aid  purposes  shall,  in  lieu thereof,  be  deemed  to  mean and refer to the approval of the board of trustees and any reference to a community college in such section  shall be deemed to mean and refer to a community college as defined in section sixty-two  hundred  two of this article; provided however, that any rule or regulation approved by the board of  trustees,  for  such  state  aid purposes, shall be the same as any rule or regulation promulgated by the state  university  trustees,  as  approved  by the state director of the budget.   2. Notwithstanding any other provision of law, the city  of  New  York shall  appropriate  in  its expense budget and pay to the account of the community colleges of the city university of New York as  operating  aid that  portion  of  the  operating  costs  of  central administration and university-wide programs attributable to community colleges, as  defined pursuant to subparagraph (d) of paragraph seven of subdivision A of this section.   D.  College  of  Staten Island. Notwithstanding the designation of the college of Staten Island as a senior college:  (i) the city of New York shall annually  appropriate  in  its  expense budget  and  pay to the city university of New York, as operating aid in support of the programs and services of the college of Staten Island, an amount for each full-time equivalent student  in  the  associate  degree program  of  the  college  equal  to  the amount the city of New York is appropriating and paying for each full-time equivalent  student  in  the community colleges;  (ii)  and  the state of New York shall annually appropriate and pay to the city university of New York an amount equal  to  the  net  operating expenses  of the college of Staten Island less the amount payable by the city of New York pursuant to this subdivision. Such state  of  New  York payment   shall  be  made  in  four  installments  on  or  before  April twenty-fifth,  June  twenty-fifth,  October  twenty-fifth  and   January twenty-fifth.  The amount to be paid by the city of New York pursuant to this subdivision shall be  determined  by  the  state  director  of  the budget,  based  upon information submitted by the mayor in such form and content and at such time as may be requred by the state director of  the budget.   E.  Medgar  Evers  college.  Notwithstanding the designation of Medgar Evers college as a senior college:  (i) in  addition  to  the  amounts  specified  in  subparagraph  e  of paragraph  two  of  subdivision  A of this section, the city of New York shall annually appropriate in its expense budget and  pay  to  the  city university  of  New York as operating aid in support of the programs and services, an  amount  for  each  full-time  equivalent  student  in  the associate  degree program of the college equal to the amount the city of New York is appropriating  and  paying  for  each  full-time  equivalent student in the community colleges; and  (ii)  the  state of New York shall annually appropriate and pay to the city of New York on behalf of the city university of New York an  amount equal  to  the  net  operating expenses of Medgar Evers college less the amount payable by the city of New York  pursuant  to  this  subdivision. Such  state of New York payment shall be made in four installments on or before April twenty-fifth, June twenty-fifth, October  twenty-fifth  and February  twenty-fifth.  The  amount  to be paid by the city of New York pursuant to this subdivision shall be determined by the  state  director of  the  budget,  based  upon information submitted by the mayor in such form and content and at such time  as  may  be  required  by  the  state director of the budget.