§ 6221 — Financing of the city university of New York

§ 6221. Financing of the city university of New York. A. Senior\ncollege operating expenses. 1. Notwithstanding any other provision of\nlaw, all expenditures for the senior college programs and services of\nthe city university of New York shall continue to be pre-financed from\ncity of New York funds. The comptroller of the state of New York may\nestablish a separate fund for the receipt and deposit of such\npre-financing funds from the city of New York pursuant to this\nsubdivision, and all other monies deemed appropriate by the state\ncomptroller and the state director of the budget, except that all monies\npresently required by law to be paid directly to the city university\nconstruction fund shall continue to be so paid. All monies appropriated\nfor such senior college programs and services, or derived from other\nsources in the course of the administration thereof, shall be expended\nupon vouchers approved by the chancellor of the city university, as\nchief administrative officer of the city university, or by such\nauthority or authorities in the city university as shall be designated\nby the chancellor by a rule or written direction filed with the\ncomptroller, when and in the manner authorized by the board of trustees.\nNo monies appropriated for such senior college programs and services, or\nderived from other sources in the course of the administration thereof,\nshall be expended until a certificate of the aggregate funds available\nfor expenditure pursuant to section forty-nine of the state finance law\nhas been approved by the director of the budget and copies thereof filed\nwith the state comptroller, the chairman of the senate finance committee\nand the chairman of the assembly ways and means committee. In regard to\nthe city university, the director of the budget shall exercise the\nauthority granted under section forty-nine of the state finance law in\naccordance with the provisions of paragraph b of subdivision four of\nsection three hundred fifty-five of this chapter.\n 2. a. Notwithstanding any other provision of law, the city of New York\nshall appropriate in its expense budget and pay to the account of the\nsenior colleges of the city university of New York as operating aid\namounts in accordance with the following schedule:\n (i) For the twelve-month period commencing July first, nineteen\nhundred seventy-nine, an amount equal to the lesser of fifty-eight\nmillion, three hundred ninety-three thousand dollars ($58,393,000) or\ntwenty-five per centum of the net operating expenses of such senior\ncollege programs and services, as certified by the comptroller of the\nstate of New York to be properly chargeable to such twelve-month period;\n (ii) For the twelve-month period commencing July first, nineteen\nhundred eighty, an amount equal to eighty per centum of the amount\nspecified in (i) of subparagraph a of this paragraph.\n (iii) For the twelve-month period commencing July first, nineteen\nhundred eighty-one, an amount equal to forty per centum of the amount\nspecified in (i) of subparagraph a of this paragraph.\n b. For the twelve-month period commencing July first, nineteen hundred\neighty-two and thereafter, the city of New York shall not be required to\nmake any appropriation in support of the net operating expenses of the\nprograms and services of the senior colleges of the city university.\n c. (i) Subject to the provisions of item (ii) of this subparagraph,\nthe amounts specified in this subdivision shall be exclusive of monies\npayable by such city for campus schools and debt service on bonds\nattributable to such university pursuant to article one hundred\ntwenty-five-B of this chapter.\n (ii) (1) The amounts specified in this subdivision, in so far as such\namounts consist of payments for the twelve-month period commencing on\nJuly first, nineteen hundred seventy-nine, shall not include any\nunfunded accrued liability payments required to be made in such period\npursuant to chapters nine hundred seventy-five, nine hundred seventy-six\nand nine hundred seventy-seven of the laws of nineteen hundred\nseventy-seven with respect to pension contributions.\n (2) The amounts specified in this subdivision, in so far as such\namounts consist of payments for the twelve-month period commencing on\nJuly first, nineteen hundred eighty, shall not include:\n (a) any revised unfunded accrued liability payments (as defined in\nsubdivision seven of section sixty-two hundred two of this article)\nwhich are required to be made in such period with respect to pension\ncontributions; or\n (b) any installment of the nineteen hundred eighty unfunded accrued\nliability adjustment (as defined in subdivision eight of such section\nsixty-two hundred two), whether a charge or a credit, which installment\nis required to be paid or credited, as the case may be, in such period\nwith respect to pension contributions.\n (3) During the period beginning on July first, nineteen hundred\neighty-one and ending on June thirtieth, nineteen hundred ninety, the\nnet operating expenses of the programs and services of the senior\ncolleges of the city university shall not include any of the payments or\ninstallments of charge or credit stated below in this sub-item (3), in\nso far as such payments or installments are attributable to employees of\nsuch senior colleges:\n (a) any revised unfunded accrued liability payments (as defined in\nsubdivision seven of section sixty-two hundred two of this article)\nrequired to be made in such period and thereafter with respect to\npension contributions; and\n (b) any installments of nineteen hundred eighty unfunded accrued\nliability adjustment (as defined in subdivision eight of such section\nsixty-two hundred two), whether a charge or a credit, which installments\nare required to be paid or credited, as the case may be, in such\ntwelve-month period and thereafter; and\n (c) any installments of the nineteen hundred eighty-two unfunded\naccrued liability adjustment (as defined in subdivision eight-a of such\nsection sixty-two hundred two), which installments are required to be\ncredited in such twelve-month period and thereafter; and\n (d) any balance sheet liability contributions (as defined in\nsubdivision nine of such section sixty-two hundred two) which\ncontributions are required to be made in such period; and\n (e) any installments of the NYCERS nineteen hundred eighty-five\nunfunded accrued liability adjustment attributable to the senior\ncolleges (as defined in subdivision eight-b of such section sixty-two\nhundred two), regardless of the prescribed time of crediting of such\ninstallments; and\n (f) any installments of the NYCTRS nineteen hundred eighty-five\nunfunded accrued liability adjustment (as defined in subdivision eight-c\nof such section sixty-two hundred two), regardless of the prescribed\ntime of crediting of such installments; and\n (g) any installments of the NYCTRS nineteen hundred eighty-six\nunfunded accrued liability adjustment (as defined in subdivision eight-d\nof such section sixty-two hundred two), regardless of the prescribed\ntime of crediting of such installments; and\n (h) any installments of the New York city employees' retirement system\nnineteen hundred eighty-eight unfunded accrued liability adjustment\nattributable to the senior colleges (as defined in subdivision eight-e\nof such section sixty-two hundred two), whether a charge or a credit,\nregardless of the prescribed time of payment or crediting of such\ninstallments; and\n (i) any installments of the New York city teachers' retirement system\nnineteen hundred eighty-eight unfunded accrued liability adjustment\nattributable to the senior colleges (as defined in subdivision eight-f\nof such section sixty-two hundred two), whether a charge or a credit,\nregardless of the prescribed time of payment or crediting of such\ninstallments; and\n (4) Commencing with the twelve-month period beginning on July first,\nnineteen hundred ninety and thereafter, the net operating expenses of\nthe programs and services of the senior colleges of the city university\nshall not include any of the payments or installments of charge or cred-\nit or contributions stated below in this sub-item (4):\n (a) the contributions for twenty-year amortization of nineteen hundred\nninety senior college consolidated UAL and senior college remainder of\nBSL (as defined in subdivision eight-o of section sixty-two hundred two\nof this article; and\n (b) any payments or installments of any NYCERS post-June thirtieth,\nnineteen hundred ninety unfunded accrued liability adjustment\nattributable to the senior colleges (as defined in subdivision eight-g\nof section sixty-two hundred two of this article); and\n (c) any payments or installments of NYCTRS post-June thirtieth,\nnineteen hundred ninety unfunded accrued liability adjustment\nattributable to the senior colleges (as defined in subdivision eight-h\nof section sixty-two hundred two of this article).\n d. (i) Nothing contained in this paragraph shall be construed to\nremove the obligation of the city of New York, as prescribed by sections\nsixty-two hundred thirty and sixty-two hundred thirty-one of this\narticle, for payment of its share of unfunded accrued pension\nliabilities attributable to employees of the senior colleges of the city\nuniversity of New York required to be made in the city's nineteen\nhundred seventy-nine--nineteen hundred eighty fiscal year pursuant to\nchapters nine hundred seventy-five, nine hundred seventy-six and nine\nhundred seventy-seven of the laws of nineteen hundred seventy-seven.\n (ii) Nothing contained in this paragraph shall be construed to remove\nthe obligation of the city of New York, as prescribed by sections\nsixty-two hundred thirty and sixty-two hundred thirty-one of this\narticle, for payment of its share of:\n (1) the revised unfunded accrued liability contributions (as defined\nin subdivision seven of section sixty-two hundred two of this article)\nwhich are required to be made in the city's nineteen hundred\neighty--nineteen hundred eighty-one fiscal year; and\n (2) any installment of nineteen hundred eighty unfunded accrued\nliability adjustment (as defined in subdivision eight of section\nsixty-two hundred two of this article) which, if such adjustment is a\ncharge, is required to be paid in such fiscal year.\n (iii) Subject to the provisions of subdivision m of section 13-638.2\nof the administrative code of the city of New York, nothing contained in\nthis paragraph shall be construed to remove the obligation of the city\nof New York, as prescribed by sections sixty-two hundred thirty and\nsixty-two hundred thirty-one of this article, for payment of its share\nof:\n (1) the revised unfunded accrued liability contributions (as defined\nin subdivision seven of section sixty-two hundred two of this article)\nwhich are required to be made in the city's nineteen hundred\neighty-one--nineteen hundred eighty-two fiscal year and thereafter; and\n (2) any installment of nineteen hundred eighty unfunded accrued\nliability adjustment (as defined in subdivision eight of section\nsixty-two hundred two of this article) which, if such adjustment is a\ncharge, is required to be made in such fiscal years; and\n (3) any balance sheet liability contribution (as defined in\nsubdivision nine of section sixty-two hundred two of this article) which\nis required to be made in such fiscal years.\n e. In addition to the amounts specified in subparagraph a of this\nparagraph and notwithstanding the provisions of subparagraph b of this\nparagraph, the city of New York shall appropriate in its expense budget\nand pay to the account of the senior colleges of the city university of\nNew York as the city's share of operating aid for the college of Staten\nIsland and New York city college of technology amounts in accordance\nwith the following schedule:\n (i) For the twelve month period commencing July first, nineteen\nhundred eighty, an amount that shall equal four million, one hundred\nthousand dollars ($4,100,000).\n (ii) For the twelve month period commencing July first, nineteen\nhundred eighty-one, an amount equal to one-half of the amount specified\nin clause (i) of this subparagraph.\n (iii) For the twelve month period commencing July first, nineteen\nhundred eighty-two, and thereafter the city of New York shall not be\nrequired to make any appropriation for operating aid for the college of\nStaten Island and New York city college of technology.\n 3. The state shall annually appropriate and pay an amount equal to the\nnet operating expenses of such senior college programs and services less\nthat amount payable, if any, by the city of New York pursuant to\nparagraph two of this subdivision. Such state payment shall be made in\nfour installments, on or before April twenty-fifth, June twenty-fifth,\nOctober twenty-fifth and February twenty-fifth.\n 4. Commencing with the twelve-month period beginning July first,\nnineteen hundred eighty-two and thereafter, the state shall reimburse to\nthe city of New York one hundred per centum of the net operating\nexpenses of the approved programs and services of the senior colleges.\n 4-a. Notwithstanding the provision of any law, rule or regulation to\nthe contrary, the city university shall be entitled to annually receive\nan apportionment and payment of state assistance equal to all moneys\nderived as a result of the tuition increase, calculated as the\ndifference in the amount generated using the tuition rates authorized by\nthe trustees of the city university for the two thousand eight-two\nthousand nine academic year and the amount generated using the tuition\nrates authorized by the trustees of the city university for the two\nthousand nine-two thousand ten academic year, pursuant to the following\nschedule: for the two thousand nine-two thousand ten academic year, the\ncity university shall receive an amount equal to twenty percent of such\ntuition increase; for the two thousand ten-two thousand eleven academic\nyear, the city university shall receive an amount equal to thirty\npercent of such tuition increase; for the two thousand eleven-two\nthousand twelve academic year, the city university shall receive an\namount equal to forty percent of such tuition increase; and for the two\nthousand twelve-two thousand thirteen academic year, the city university\nshall receive an amount equal to fifty percent of such tuition increase.\nSuch apportionment shall be for the enhanced investment in the city\nuniversity of the state of New York and shall be used to supplement, not\nsupplant, gross senior college operating budget support, unless the\ndirector of the budget determines that state fiscal conditions preclude\nsuch an outcome and, in which case, the director shall submit a report\nregarding the recommended funding levels and whether the tuition\nincrease apportionment provisions of this subdivision have been complied\nwith for the city university of the state of New York to the chairs of\nthe senate finance committee and the assembly ways and means committee\nand the chairs of the senate higher education committee and the assembly\nhigher education committee no later than fifteen days following the\nrelease of the executive budget.\n 5. The comptroller of the state of New York shall provide accounting,\npayroll, expenditure and revenue reporting and similar services for the\nsenior colleges for the period commencing July first, nineteen hundred\neighty-two and thereafter. Notwithstanding any other provision of law,\nhe may, to the extent he deems it necessary and practicable, require\nsenior colleges of the city university to conform to statutory\nrequirements, rules, and administrative procedures applicable to state\ndepartments and agencies.\n 6. The director of the budget of the state of New York may, to the\nextent he deems it necessary and practicable, giving due consideration\nto the particular circumstances of the city university, require the\nsenior colleges of the city university of New York to conform to the\nstate statutory requirements, rules and administrative procedures such\nas are applicable to the state university of New York regarding\nbudgetary and fiscal matters.\n 7. For the purposes of this subdivision, "net operating expenses"\nshall be defined as the total operating expenses of approved programs\nand services less: (a) all excess tuition and instructional and\nnon-instructional fees attributable to the senior colleges and received\nfrom the city university construction fund pursuant to subdivision b of\nsection sixty-two hundred seventy-eight of this chapter; (b) an amount\nto be deposited from overhead funds and miscellaneous earnings recovered\nin the administration of sponsored programs for which the research\nfoundation of the city university of New York has been designated as\nfiscal administrator; (c) the amount of all monies from any source other\nthan those paid by the city, if any, and the state on a per centum basis\nof the net operating budget, which are expended through the operating\nbudget; and (d) that portion of the operating costs of central\nadministration and university-wide programs which the state budget\ndirector determines to be chargeable to the community colleges and which\nis to be paid by the city of New York pursuant to paragraph two of\nsubdivision C of this section.\n B. Senior college capital costs. Commencing with the twelve-month\nperiod beginning July first, nineteen hundred eighty-two and thereafter,\nthe state shall pay one hundred per centum of capital costs exclusive of\nthose financed pursuant to the provisions of article one hundred\ntwenty-five-B of this chapter, of the senior colleges of the city\nuniversity of New York, provided however that commencing with the twelve\nmonth period beginning July first, nineteen hundred eighty-two and\nthereafter, the state shall pay one hundred per centum of capital costs\nexclusive of those financed pursuant to the provisions of article one\nhundred twenty-five-B of this chapter, of the college of Staten Island,\nNew York city college of technology and, commencing with the twelve\nmonth period beginning July first, two thousand nine and thereafter,\nMedgar Evers college, provided, however, that appropriations authorizing\nsuch costs have been approved by the legislature. The advancement of\ncapital projects pursuant to this subdivision shall be undertaken only\nin accordance with the provisions of section ninety-three of the state\nfinance law.\n C. Community colleges. 1. The amount, methods and procedures for the\npayment of state aid to community colleges of the city university of New\nYork shall continue to be governed pursuant to the provisions of section\nsixty-three hundred four of this chapter and any rule or regulation\npromulgated pursuant thereto. Notwithstanding any inconsistent provision\nof law, for the purposes of this paragraph, any reference contained in\nsection sixty-three hundred four of this chapter to the approval of the\nstate university trustees for such state aid purposes shall, in lieu\nthereof, be deemed to mean and refer to the approval of the board of\ntrustees and any reference to a community college in such section shall\nbe deemed to mean and refer to a community college as defined in section\nsixty-two hundred two of this article; provided however, that any rule\nor regulation approved by the board of trustees, for such state aid\npurposes, shall be the same as any rule or regulation promulgated by the\nstate university trustees, as approved by the state director of the\nbudget.\n 2. Notwithstanding any other provision of law, the city of New York\nshall appropriate in its expense budget and pay to the account of the\ncommunity colleges of the city university of New York as operating aid\nthat portion of the operating costs of central administration and\nuniversity-wide programs attributable to community colleges, as defined\npursuant to subparagraph (d) of paragraph seven of subdivision A of this\nsection.\n D. College of Staten Island. Notwithstanding the designation of the\ncollege of Staten Island as a senior college:\n (i) the city of New York shall annually appropriate in its expense\nbudget and pay to the city university of New York, as operating aid in\nsupport of the programs and services of the college of Staten Island, an\namount for each full-time equivalent student in the associate degree\nprogram of the college equal to the amount the city of New York is\nappropriating and paying for each full-time equivalent student in the\ncommunity colleges;\n (ii) and the state of New York shall annually appropriate and pay to\nthe city university of New York an amount equal to the net operating\nexpenses of the college of Staten Island less the amount payable by the\ncity of New York pursuant to this subdivision. Such state of New York\npayment shall be made in four installments on or before April\ntwenty-fifth, June twenty-fifth, October twenty-fifth and January\ntwenty-fifth. The amount to be paid by the city of New York pursuant to\nthis subdivision shall be determined by the state director of the\nbudget, based upon information submitted by the mayor in such form and\ncontent and at such time as may be requred by the state director of the\nbudget.\n E. Medgar Evers college. Notwithstanding the designation of Medgar\nEvers college as a senior college:\n (i) in addition to the amounts specified in subparagraph e of\nparagraph two of subdivision A of this section, the city of New York\nshall annually appropriate in its expense budget and pay to the city\nuniversity of New York as operating aid in support of the programs and\nservices, an amount for each full-time equivalent student in the\nassociate degree program of the college equal to the amount the city of\nNew York is appropriating and paying for each full-time equivalent\nstudent in the community colleges; and\n (ii) the state of New York shall annually appropriate and pay to the\ncity of New York on behalf of the city university of New York an amount\nequal to the net operating expenses of Medgar Evers college less the\namount payable by the city of New York pursuant to this subdivision.\nSuch state of New York payment shall be made in four installments on or\nbefore April twenty-fifth, June twenty-fifth, October twenty-fifth and\nFebruary twenty-fifth. The amount to be paid by the city of New York\npursuant to this subdivision shall be determined by the state director\nof the budget, based upon information submitted by the mayor in such\nform and content and at such time as may be required by the state\ndirector of the budget.\n