2023 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.