§ 89-G — Costs for establishing, operating and maintaining alternate correctional facilities

§ 89-g. Costs for establishing, operating and maintaining alternate\ncorrectional facilities. 1. When the city of New York has entered into\nthe agreements as set forth in section eighty-eight of this article, it\nshall be obligated, to pay, in accordance with such agreements and at\nsuch times and in such amounts as may be determined by the commissioner\nand approved by the director of the budget, all direct and indirect\ncosts associated with the acquisition, construction, establishment,\ncapital repairs and improvements, operation and maintenance of the\nalternate correctional facility.\n 2. Upon completion of the acquisition, construction and establishment\nof an alternate correctional facility, the commissioner shall make a\nfinal determination of the cost of such project and shall certify such\ncost to the comptroller and to the city of New York. Notwithstanding any\nother provision of law to the contrary, upon receipt of such\ncertification of the commissioner, the comptroller shall forthwith\nrefund any amounts received from the city of New York in excess of the\ncosts so certified to the city of New York, including interest accrued\nthereon.\n 3. On or before October fifteenth of each year, the comptroller shall\ncertify to the commissioner the actual operation and maintenance costs\nof each alternate correctional facility for the preceding state fiscal\nyear and the amounts paid by the city of New York for such operation and\nmaintenance costs. To the extent that the amounts so paid by the city of\nNew York are less than the operation and maintenance costs for such\nstate fiscal year, the commissioner shall include the amount of such\nunderpayment in the next payment required to be received from the city\nof New York, or if operation by the state has terminated, the\ncommissioner shall bill the city of New York for the amounts due and\nsuch amounts shall be paid by the city within thirty days of receipt of\nsuch a bill. To the extent that the amounts so paid by the city of New\nYork are more than the operation and maintenance costs for such state\nfiscal year, the commissioner shall reduce the next scheduled payment to\nbe received from the city of New York by the amount of the overpayment\nor if operation by the state has terminated, the commissioner shall\nrefund the overpayment within sixty days of the determination of\noverpayment.\n