(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.
Structure New York Laws