§ 2975 — Recovery of state governmental costs from public authorities and public benefit corporations

§ 2975. Recovery of state governmental costs from public authorities\nand public benefit corporations. 1. Notwithstanding any other provision\nof law to the contrary, every public authority and every public benefit\ncorporation created by or pursuant to New York state law at least three\nof whose members are appointed by the governor, whether such authority\nor corporation is otherwise governed by this chapter (such entities, as\nso constituted, to be hereafter in this title referred to as "public\nbenefit corporations"), shall reimburse to New York state an allocable\nshare of state governmental costs attributable to the provision of\nservices to public benefit corporations, as determined herein. The\npayment of such costs by public benefit corporations is a valid and\nproper purpose for which available authority funds may be applied.\n 2. (a) Annually the director of the division of the budget of the\nstate of New York (such person to be hereafter in this title referred to\nas the "director of the budget"), in consultation with the state\ncomptroller, shall determine the total amount of expenses incurred or to\nbe incurred during the state's fiscal year in connection with the\nprovision of central governmental services to public benefit\ncorporations. Such expenses, in addition to the direct costs of personal\nservice, shall include indirect costs of employee benefits, maintenance\nand operation, state equipment and facilities, rental for space occupied\nin state leased facilities or the fair market rental value of space\noccupied in state owned facilities, and contractual services, all as\nattributable to the provision of otherwise unreimbursed services to\npublic benefit corporations by the New York state department of audit\nand control, department of law, executive chamber, division of the\nbudget, the legislature, and such agencies, boards or commissions as the\ndirector of the budget determines provide such services to public\nbenefit corporations.\n (b) On or before November first, two thousand three and on or before\nNovember first of each year thereafter, the director of the budget shall\ndetermine the amount owed under this section by each public benefit\ncorporation. The director of the budget may reduce, in whole or part,\nthe amount of such assessment if the payment thereof would necessitate a\nstate appropriation for the purpose, or would otherwise impose an\nextraordinary hardship upon the affected public benefit corporation. The\naggregate amount assessed under this section in any given state fiscal\nyear may not exceed sixty-five million dollars.\n 3. The state treasurer shall impose and collect such assessments,\nwhich shall be paid no later than March thirty-first following the\nimposition of the assessments, and pay the same into the state treasury\nto the credit of the general fund.\n 3-a. A direct portion of these funds shall be allocated to fund the\nauthorities budget office established by section four of this chapter.\n 4. The provisions of subdivisions two and three of this section shall\nnot apply to any public benefit corporation which enters into a contract\nor agreement with the director of the budget which otherwise provides\nfor cost recovery to the state and includes a provision that, in\naccordance with this subdivision, subdivisions two and three of this\nsection shall not apply to such public benefit corporation. The\ncircumstances for the entry into such contract or agreement may include,\nbut shall not be limited to, the following:\n (a) where such contract or agreement is for an amount which equals or\nexceeds the amount of the assessment provided by subdivision two of this\nsection; or\n (b) where the payment of all or a portion of the assessment provided\nby subdivision two of this section would necessitate, in the judgment of\nthe director of the budget, an appropriation therefor by the state.\n 5. On or before June first, nineteen hundred ninety, and annually on\nor before June first, the director of the budget shall report to the\nrespective chairpersons of the assembly ways and means committee and\nsenate finance committee the amount of cost recovery obtained pursuant\nto this title and all contracts and agreements entered into pursuant to\nsubdivision four of this section for the state fiscal year ending on the\npreceding March thirty-first.\n