2023 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.