S06259 Summary:

BILL NO    S06259D

SAME AS    SAME AS UNI. A09059-D

SPONSOR    BUDGET

COSPNSR    

MLTSPNSR   

Amd Various Laws, generally

Enacts into law major components of legislation which are necessary to
implement the state fiscal plan for the 2012-2013 state fiscal year; relates to
the effectiveness of provisions of law relating to oil and gas charges (Part
A); relates to the suspension of STAR exemptions and related benefits of
persons who are delinquent in the payment of outstanding state tax liabilities
(Part B); relates to providing exemptions, reimbursements and credits from
various taxes for certain alternative fuels, in relation to extending the
alternative fuels tax exemptions (Part D); relates to making technical
amendments to the tax treatment of diesel fuel to reflect industry practice
(Part E); relates to establishing standards for electronic real property tax
administration, allowing the department of taxation and finance to use
electronic communication means to furnish tax notices and other documents,
mandatory electronic filing of tax documents, debit cards issued for tax
refunds, improving sales tax compliance and repealing certain provisions of the
tax law and the administrative code of the city of New York relating thereto,
in relation to the expiration thereof (Part G); relates to extending the empire
state commercial production tax credit (Part I); relates to the credit against
income tax for persons or entities investing in low-income housing (Part J);
relates to extending the biofuel production tax credit; and to amend part X of
chapter 62 of the laws of 2006, amending the tax law relating to providing tax
credits for biofuel production plants, relating to the effectiveness thereof
(Part K); relates to providing an enhanced earned income tax credit, relating
to the effectiveness thereof (Part L); relates to tax rates and exclusions
under the metropolitan commuter transportation mobility tax for professional
employer organizations and to amend part B of chapter 56 of the laws of 2011
amending the tax law relating to the tax rates and exclusions under the
metropolitan commuter transportation mobility tax, relating to the
effectiveness thereof (Part N); relates to licenses for simulcast facilities,
sums relating to track simulcast, simulcast of out-of-state thoroughbred races,
simulcasting of races run by out-of-state harness tracks and distributions of
wagers; relates to simulcasting and the imposition of certain taxes, in
relation to extending certain provisions thereof (Part O); relates to the
distribution of revenue collected from the corporate and utilities taxes
imposed under sections 183 and 184 of the tax law; and providing for the repeal
of such provisions upon expiration thereof (Part P); relates to facilitating
the compliance of room remarketers with their obligation to collect sales tax
on their sales of occupancy (Part Q); relates to transitional provisions
relating to the enactment and implementation of the federal Gramm-Leach-Bliley
act (Part R); relates to video lottery gaming (Part S); relates to the deadline
for employer applications to the New York youth tax credit program (Part T);
provides for the administration of certain funds and accounts related to the
2012-13 budget; authorizes certain payments and transfers; relates to school
tax relief fund; relates to issuance of certifications of participation,
variable rate bonds, payments, transfers and deposits of funds and investment
of general funds, bond proceeds, and other funds not immediately required;
relates to state environmental infrastructure projects; relates to providing
for the administration of certain funds and accounts related to the 2005-2006
budget, in relation to the Division of Military and Naval Affairs Capital
Projects; relates to the financing of the correctional facilities improvement
fund and the youth facility improvement fund, in relation to the issuance of
bonds; relates to housing program bonds and notes; relates to the establishment
of the dedicated highway and bridge trust fund, in relation to the issuance of
bonds; relates to courthouse improvements and training facilities, metropolitan
transportation authority facilities, peace bridge projects and issuance of
bonds by the dormitory authority; relates to funding project costs for the
state university of New York college for nanoscale and science engineering and
the NY-SUNY 2020 challenge grant program; relates to providing for the
administration of certain funds and accounts related to the 2008-2009 budget,
in relation to the effectiveness thereof; relates to providing for the
administration of certain funds and accounts related to the 2009-10 budget, in
relation to the effectiveness thereof; relates to providing for the
administration of certain funds and accounts related to the 2009-10 budget, in
relation to the effectiveness thereof; relates to the metropolitan
transportation authority, the New York city transit authority, and the
Triborough bridge and tunnel authority, in relation to authorizations to issue
bonds and notes; repeals provisions relating to the reserve funds of private
not-for-profit schools established with the dormitory authority; repeals
provisions relating to the rural housing assistance fund; repeals provisions
relating to penalties for violations of the lobbying act (Part U).
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S06259 Actions:

BILL NO    S06259D

01/17/2012 REFERRED TO FINANCE
02/10/2012 AMEND AND RECOMMIT TO FINANCE
02/10/2012 PRINT NUMBER 6259A
02/17/2012 AMEND (T) AND RECOMMIT TO FINANCE
02/17/2012 PRINT NUMBER 6259B
03/11/2012 AMEND (T) AND RECOMMIT TO FINANCE
03/11/2012 PRINT NUMBER 6259C
03/27/2012 AMEND (T) AND RECOMMIT TO FINANCE
03/27/2012 PRINT NUMBER 6259D
03/29/2012 ORDERED TO THIRD READING CAL.486
03/30/2012 SUBSTITUTED BY A9059D
           A09059  AMEND=D  Budget
           01/17/2012 referred to ways and means
           02/10/2012 amend and recommit to ways and means
           02/10/2012 print number 9059a
           02/17/2012 amend (t) and recommit to ways and means
           02/17/2012 print number 9059b
           03/09/2012 amend (t) and recommit to ways and means
           03/09/2012 print number 9059c
           03/27/2012 amend (t) and recommit to ways and means
           03/27/2012 print number 9059d
           03/29/2012 reported referred to rules
           03/29/2012 reported 
           03/29/2012 rules report cal.33
           03/29/2012 ordered to third reading rules cal.33
           03/30/2012 motion to amend lost
           03/30/2012 motion to amend lost
           03/30/2012 motion to amend lost
           03/30/2012 motion to amend lost
           03/30/2012 motion to amend lost
           03/30/2012 motion to amend lost
           03/30/2012 passed assembly
           03/30/2012 delivered to senate
           03/30/2012 REFERRED TO FINANCE
           03/30/2012 SUBSTITUTED FOR S6259D
           03/30/2012 3RD READING CAL.486
           03/30/2012 PASSED SENATE
           03/30/2012 RETURNED TO ASSEMBLY
           03/30/2012 delivered to governor
           03/30/2012 signed chap.59
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S06259 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 6259--D                                            A. 9059--D

                             S E N A T E - A S S E M B L Y

                                   January 17, 2012
                                      ___________

       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when  printed to be committed to the Committee on Finance -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee  --  committee  discharged,  bill  amended,  ordered
         reprinted  as  amended  and recommitted to said committee -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
         article seven of the Constitution -- read once  and  referred  to  the
         Committee  on  Ways  and  Means -- committee discharged, bill amended,
         ordered reprinted as amended and  recommitted  to  said  committee  --
         again  reported from said committee with amendments, ordered reprinted
         as amended and recommitted to said committee --  again  reported  from
         said  committee  with  amendments,  ordered  reprinted  as amended and
         recommitted to said committee -- again reported  from  said  committee
         with  amendments, ordered reprinted as amended and recommitted to said
         committee

       AN ACT to amend chapter 540 of the laws of 1992, amending the real prop-
         erty tax law relating to oil and  gas  charges,  in  relation  to  the
         effective  date  of  such chapter (Part A); to amend the real property
         tax law and the tax  law,  in  relation  to  the  suspension  of  STAR
         exemptions  and  related benefits of persons who are delinquent in the
         payment of outstanding state tax liabilities (Part  B);  intentionally
         omitted  (Part  C); to amend chapter 109 of the laws of 2006, amending
         the tax law relating to providing exemptions, reimbursements and cred-
         its from various taxes for certain alternative fuels, in  relation  to
         extending  the alternative fuels tax exemptions (Part D); to amend the
         tax law, in relation to making technical amendments to the tax  treat-
         ment  of  diesel  fuel  to  reflect industry practice (Part E); inten-
         tionally omitted (Part F); to amend the tax law and part U of  chapter
         61 of the laws of 2011, amending the real property tax law, the gener-
         al  municipal law, the public officers law, the tax law, the abandoned
         property law, the state finance law and the administrative code of the
         city of New York, relating to establishing  standards  for  electronic

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12674-06-2
       S. 6259--D                          2                         A. 9059--D

         real  property tax administration, allowing the department of taxation
         and finance to use  electronic  communication  means  to  furnish  tax
         notices  and other documents, mandatory electronic filing of tax docu-
         ments, debit cards issued for tax refunds, improving sales tax compli-
         ance  and repealing certain provisions of the tax law and the adminis-
         trative code of the city of New York relating thereto, in relation  to
         the  expiration  thereof  (Part G); intentionally omitted (Part H); to
         amend the tax law, in relation to extending the empire  state  commer-
         cial  production  tax credit; and to amend part V of chapter 62 of the
         laws of 2006 relating to the empire state  commercial  production  tax
         credit,  in  relation  to the effectiveness thereof (Part I); to amend
         the public housing law, in relation to the credit against  income  tax
         for  persons  or entities investing in low-income housing (Part J); to
         amend the tax law, in relation to extending the biofuel production tax
         credit; and to amend part X of chapter 62 of the laws of 2006,  amend-
         ing  the  tax  law  relating  to  providing  tax  credits  for biofuel
         production plants, in relation to the effectiveness thereof (Part  K);
         to  amend  chapter  58  of  the laws of 2006, relating to providing an
         enhanced earned income tax credit, in relation  to  the  effectiveness
         thereof  (Part  L);  intentionally  omitted (Part M); to amend the tax
         law, in relation to tax rates and exclusions  under  the  metropolitan
         commuter  transportation mobility tax for professional employer organ-
         izations and to amend part B of chapter 56 of the laws of 2011  amend-
         ing  the  tax  law  relating to the tax rates and exclusions under the
         metropolitan commuter transportation mobility tax, in relation to  the
         effectiveness  thereof  (Part  N);  to  amend  the racing, pari-mutuel
         wagering and breeding law,  in  relation  to  licenses  for  simulcast
         facilities,  sums  relating  to  track simulcast, simulcast of out-of-
         state thoroughbred races, simulcasting of races  run  by  out-of-state
         harness  tracks  and  distributions of wagers; to amend chapter 281 of
         the laws of 1994 amending the racing, pari-mutuel wagering and  breed-
         ing law and other laws relating to simulcasting and chapter 346 of the
         laws  of  1990  amending the racing, pari-mutuel wagering and breeding
         law and other laws relating to  simulcasting  and  the  imposition  of
         certain taxes, in relation to extending certain provisions thereof; to
         amend  the  racing, pari-mutuel wagering and breeding law, in relation
         to extending certain provisions thereof (Part O);  to  amend  the  tax
         law,  in  relation  to  the distribution of revenue collected from the
         corporate and utilities taxes imposed under sections 183  and  184  of
         the  tax  law;  and  providing  for the repeal of such provisions upon
         expiration thereof (Part P); to amend the tax law and the  administra-
         tive  code  of  the  city of New York, in relation to facilitating the
         compliance of room remarketers with their obligation to collect  sales
         tax on their sales of occupancy (Part Q); to amend the tax law and the
         administrative  code  of  the city of New York, in relation to transi-
         tional provisions relating to the enactment and implementation of  the
         federal  Gramm-Leach-Bliley  act  (Part  R);  to amend the tax law, in
         relation to video lottery gaming (Part S); to amend the labor law  and
         the  tax law, in relation to the deadline for employer applications to
         the New York youth tax credit program (Part T); and to provide for the
         administration of certain funds and accounts related  to  the  2012-13
         budget; authorizing certain payments and transfers; to amend the state
         finance law, in relation to school tax relief fund; to amend the state
         finance law, in relation to issuance of certificates of participation,
         variable  rate  bonds,  payments,  transfers and deposits of funds and
         investment of general funds, bond proceeds, and other funds not  imme-
       S. 6259--D                          3                         A. 9059--D

         diately  required; to amend the public authorities law, in relation to
         state environmental infrastructure projects; to amend  chapter  61  of
         the  laws  of  2005,  relating  to providing for the administration of
         certain  funds  and  accounts  related  to  the  2005-2006  budget, in
         relation to  the  Division  of  Military  and  Naval  Affairs  Capital
         Projects;  to  amend  chapter 389 of the laws of 1997, relating to the
         financing of the correctional  facilities  improvement  fund  and  the
         youth facility improvement fund, in relation to the issuance of bonds;
         to  amend  the  private  housing  finance  law, in relation to housing
         program bonds and notes; to amend chapter 329 of  the  laws  of  1991,
         amending  the  state finance law and other laws relating to the estab-
         lishment of the dedicated highway and bridge trust fund,  in  relation
         to  the  issuance  of  bonds;  to amend the public authorities law, in
         relation to courthouse improvements and training facilities, metropol-
         itan transportation authority facilities, peace  bridge  projects  and
         issuance  of  bonds  by the dormitory authority; to amend the New York
         state urban  development  corporation  act,  in  relation  to  funding
         project  costs for the state university of New York college for nanos-
         cale and science engineering and  the  NY-SUNY  2020  challenge  grant
         program;  to amend chapter 57 of the laws of 2008, relating to provid-
         ing for the administration of certain funds and  accounts  related  to
         the  2008-2009  budget,  in  relation to the effectiveness thereof; to
         amend chapter 56 of the laws of 2009, relating to  providing  for  the
         administration  of  certain  funds and accounts related to the 2009-10
         budget, in relation to the effectiveness thereof; to amend chapter  56
         of  the  laws of 2010, relating to providing for the administration of
         certain funds and accounts related to the 2009-10 budget, in  relation
         to the effectiveness thereof; to amend chapter 61 of the laws of 2000,
         amending  the  public  authorities  law  relating  to the metropolitan
         transportation authority, the New York city transit authority, and the
         Triborough bridge and tunnel authority, in relation to  authorizations
         to  issue  bonds and notes; to repeal sections 90-b, 91-g, 92-a, 92-i,
         92-j, 92-m, 92-w, 94-c, 94-d, 96, 97-n,  97-o,  97-cc,  97-ff,  97-ss,
         97-fff, 97-uuu, 97-www, 97-aaaa, 97-bbbb, 99-g, 99-i and subdivision 5
         of section 97-rrr of the state finance law relating thereto; to repeal
         subdivision  5  of section 233-a and subdivision 3-a of section 378 of
         the education law relating thereto; to repeal paragraph f of  subdivi-
         sion  31 of section 1680 of the public authorities law relating to the
         reserve funds of private not-for-profit schools established  with  the
         dormitory  authority;  to  repeal  section 1022 of the private housing
         finance law relating to the rural housing assistance fund;  to  repeal
         section  12  of chapter 1040 of the laws of 1981 relating to penalties
         for violations of the lobbying act; to repeal chapter 50 of  the  laws
         of  1993  relating to making appropriations for the support of govern-
         ment; and providing for the repeal of certain provisions upon  expira-
         tion thereof (Part U)

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. This act enacts into law major  components  of  legislation
    2  which are necessary to implement the state fiscal plan for the 2012-2013
    3  state  fiscal  year.  Each  component  is wholly contained within a Part
    4  identified as Parts A through U. The effective date for each  particular
    5  provision contained within such Part is set forth in the last section of
       S. 6259--D                          4                         A. 9059--D

    1  such Part. Any provision in any section contained within a Part, includ-
    2  ing the effective date of the Part, which makes a reference to a section
    3  "of  this  act", when used in connection with that particular component,
    4  shall  be  deemed  to mean and refer to the corresponding section of the
    5  Part in which it is found. Section three of  this  act  sets  forth  the
    6  general effective date of this act.

    7                                   PART A

    8    Section  1. Section 2 of chapter 540 of the laws of 1992, amending the
    9  real property tax law relating to oil and gas  charges,  as  amended  by
   10  section  1  of  part II of chapter 56 of the laws of 2009, is amended to
   11  read as follows:
   12    S 2. This act shall take effect immediately and  shall  be  deemed  to
   13  have been in full force and effect on and after April 1, 1992; provided,
   14  however that any charges imposed by section 593 of the real property tax
   15  law  as  added  by section one of this act shall first be due for values
   16  for assessment rolls with tentative completion dates after July 1, 1992,
   17  and provided further, that this act  shall  remain  in  full  force  and
   18  effect  until  March  31,  [2012] 2015, at which time section 593 of the
   19  real property tax law as added by section  one  of  this  act  shall  be
   20  repealed.
   21    S  2.  This  act  shall take effect immediately and shall be deemed to
   22  have been in full force and effect on and after April 1, 2012.

   23                                   PART B

   24    Section 1. Subdivision 3 of section 425 of the real property  tax  law
   25  is amended by adding a new paragraph (f) to read as follows:
   26    (F)  COMPLIANCE WITH STATE TAX OBLIGATIONS. THE PROPERTY'S ELIGIBILITY
   27  FOR THE STAR EXEMPTION MUST NOT BE SUSPENDED  PURSUANT  TO  SECTION  ONE
   28  HUNDRED  SEVENTY-ONE-Y  OF  THE  TAX  LAW  DUE TO THE PAST-DUE STATE TAX
   29  LIABILITIES OF ONE OR MORE OF ITS OWNERS. NOTWITHSTANDING ANY  PROVISION
   30  OF  LAW  TO  THE  CONTRARY,  WHERE  A  PROPERTY'S ELIGIBILITY FOR A STAR
   31  EXEMPTION HAS BEEN SUSPENDED PURSUANT TO  SUCH  SECTION,  THE  FOLLOWING
   32  PROVISIONS SHALL BE APPLICABLE:
   33    (I)  THE  PROPERTY  SHALL  BE  INELIGIBLE FOR A BASIC OR ENHANCED STAR
   34  EXEMPTION EFFECTIVE WITH THE NEXT SCHOOL YEAR COMMENCING AFTER THE ISSU-
   35  ANCE OF NOTICE BY THE DEPARTMENT OF THE SUSPENSION  OF  ITS  ELIGIBILITY
   36  FOR THE STAR EXEMPTION, EVEN IF THE NOTICE WAS ISSUED AFTER THE APPLICA-
   37  BLE  TAXABLE STATUS DATE. IF A STAR EXEMPTION HAS BEEN GRANTED TO SUCH A
   38  PROPERTY ON A TENTATIVE OR FINAL ASSESSMENT ROLL, THE ASSESSOR OR  OTHER
   39  PERSON  HAVING CUSTODY OF THAT ROLL IS HEREBY AUTHORIZED AND DIRECTED TO
   40  IMMEDIATELY REMOVE THAT STAR EXEMPTION FROM THE ROLL.
   41    (II) ANY CHALLENGE TO THE FACTUAL OR LEGAL BASIS BEHIND THE SUSPENSION
   42  OF A PROPERTY'S ELIGIBILITY FOR A STAR EXEMPTION PURSUANT TO SECTION ONE
   43  HUNDRED SEVENTY-ONE-Y OF THE TAX LAW MUST BE PRESENTED TO THE DEPARTMENT
   44  IN THE MANNER PRESCRIBED BY SUCH SECTION.  NEITHER  AN  ASSESSOR  NOR  A
   45  BOARD  OF  ASSESSMENT  REVIEW HAS THE AUTHORITY TO CONSIDER SUCH A CHAL-
   46  LENGE.
   47    (III) THE PROPERTY SHALL REMAIN  INELIGIBLE  FOR  THE  STAR  EXEMPTION
   48  UNTIL  THE  DEPARTMENT  NOTIFIES THE ASSESSOR THAT THE SUSPENSION OF ITS
   49  ELIGIBILITY HAS BEEN LIFTED. ONCE THE ASSESSOR HAS BEEN SO NOTIFIED, THE
   50  EXEMPTION MAY BE RESUMED ON A PROSPECTIVE BASIS ONLY, PROVIDED THAT  THE
   51  ELIGIBILITY REQUIREMENTS OF THIS SECTION ARE OTHERWISE SATISFIED.
       S. 6259--D                          5                         A. 9059--D

    1    (IV) IN THE CASE OF A COOPERATIVE APARTMENT OR MOBILE HOME RECEIVING A
    2  STAR  EXEMPTION  PURSUANT  TO PARAGRAPH (K) OR (L) OF SUBDIVISION TWO OF
    3  THIS SECTION, A SUSPENSION OF A  STAR  EXEMPTION  DUE  TO  A  TAXPAYER'S
    4  PAST-DUE STATE TAX LIABILITIES SHALL ONLY APPLY TO THE STAR EXEMPTION ON
    5  THE  COOPERATIVE  APARTMENT OR MOBILE HOME OWNED, OR DEEMED TO BE OWNED,
    6  BY THAT TAXPAYER.
    7    S 2. The tax law is amended by adding a new section 171-y to  read  as
    8  follows:
    9    S  171-Y.  ENFORCEMENT OF DELINQUENT STATE TAX LIABILITIES THROUGH THE
   10  SUSPENSION OF ELIGIBILITY FOR STAR EXEMPTIONS. 1.  THE  COMMISSIONER  IS
   11  HEREBY  AUTHORIZED  TO DEVELOP A PROGRAM TO COLLECT DELINQUENT STATE TAX
   12  LIABILITIES FROM TAXPAYERS THROUGH THE SUSPENSION OF THE ELIGIBILITY  OF
   13  PROPERTIES  FOR STAR EXEMPTIONS WHERE ONE OR MORE OF THE PROPERTY OWNERS
   14  HAVE PAST-DUE STATE TAX LIABILITIES. FOR THE PURPOSES OF  THIS  SECTION,
   15  THE  TERM "STATE TAX LIABILITY" MEANS ANY TAX (INCLUDING BUT NOT LIMITED
   16  TO LOCAL SALES AND INCOME TAXES), SURCHARGE, PENALTY, INTEREST CHARGE OR
   17  FEE ADMINISTERED BY THE COMMISSIONER THAT IS OWED  BY  A  TAXPAYER;  THE
   18  TERM  "PAST-DUE STATE TAX LIABILITY" OR "PAST-DUE STATE TAX LIABILITIES"
   19  MEANS ANY STATE TAX LIABILITY OR LIABILITIES WHICH HAVE BECOME FIXED AND
   20  FINAL SUCH THAT THE TAXPAYER NO LONGER HAS ANY RIGHT  TO  ADMINISTRATIVE
   21  OR  JUDICIAL  REVIEW  AND  FOR  WHICH  THE TAXPAYER HAS NOT MADE PAYMENT
   22  ARRANGEMENTS FOR THAT LIABILITY SATISFACTORY TO  THE  COMMISSIONER;  THE
   23  TERM "TAXPAYER" SHALL MEAN THE INDIVIDUAL RESPONSIBLE FOR THE PAYMENT OF
   24  ANY OF THE PAST-DUE STATE TAX LIABILITIES; AND THE TERM "STAR EXEMPTION"
   25  MEANS  THE  EXEMPTION  FROM REAL PROPERTY TAXATION AUTHORIZED BY SECTION
   26  FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY TAX LAW.
   27    2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES FOR THE  ADMINISTRATION
   28  OF THIS PROGRAM, WHICH SHALL INCLUDE THE FOLLOWING PROVISIONS:
   29    (A)  THE  CRITERIA  FOR  IDENTIFYING TAXPAYERS WITH PAST-DUE STATE TAX
   30  LIABILITIES, PROVIDED THAT TAXPAYERS WHOSE PAST-DUE  STATE  TAX  LIABIL-
   31  ITIES ARE LESS THAN FORTY-FIVE HUNDRED DOLLARS SHALL BE EXCLUDED.
   32    (B)  THE  PROCEDURES  BY  WHICH THE DEPARTMENT SHALL DETERMINE WHETHER
   33  PROPERTIES OWNED BY SUCH TAXPAYERS ARE RECEIVING THE STAR EXEMPTION.
   34    (C) THE PROCEDURES BY WHICH THE DEPARTMENT SHALL NOTIFY SUCH TAXPAYERS
   35  THAT THE ELIGIBILITY OF THEIR PROPERTIES FOR THE STAR EXEMPTION WILL  BE
   36  SUSPENDED  UNLESS  THEY  EITHER SATISFY THEIR PAST-DUE STATE TAX LIABIL-
   37  ITIES OR MAKE PAYMENT ARRANGEMENTS SATISFACTORY TO THE COMMISSIONER BY A
   38  DATE TO BE SPECIFIED IN THE NOTICE.
   39    (D) THE PROCEDURES BY WHICH THE DEPARTMENT SHALL NOTIFY  ASSESSORS  OF
   40  PROPERTIES  WHOSE ELIGIBILITY FOR STAR EXEMPTIONS HAS BEEN SUSPENDED DUE
   41  TO THE PAST-DUE STATE TAX LIABILITIES OF ONE OR MORE PROPERTY OWNERS.
   42    (E) THE PROCEDURES BY WHICH TAXPAYERS MAY ACT TO LIFT SUCH SUSPENSIONS
   43  ON A PROSPECTIVE BASIS BY EITHER SATISFYING  THEIR  PAST-DUE  STATE  TAX
   44  LIABILITIES  OR  MAKING PAYMENT ARRANGEMENTS SATISFACTORY TO THE COMMIS-
   45  SIONER.
   46    (F) THE PROCEDURES BY WHICH THE DEPARTMENT SHALL NOTIFY ASSESSORS WHEN
   47  THE SUSPENSION OF A PROPERTY'S ELIGIBILITY FOR THE  STAR  EXEMPTION  HAS
   48  BEEN LIFTED.
   49    (G) THE PROCEDURES BY WHICH THE DEPARTMENT AND ASSESSORS SHALL COORDI-
   50  NATE  AND  EXECUTE  THEIR OBLIGATIONS PURSUANT TO THIS SECTION AND PARA-
   51  GRAPH (F) OF SUBDIVISION THREE OF SECTION FOUR  HUNDRED  TWENTY-FIVE  OF
   52  THE REAL PROPERTY TAX LAW.
   53    (H) THE PROCEDURES BY WHICH THE DEPARTMENT SHALL APPLY THE AMOUNT OF A
   54  TAXPAYER'S  LOST  STAR  BENEFITS AS AN OFFSET AGAINST THE AMOUNT OF THAT
   55  TAXPAYER'S PAST-DUE STATE TAX LIABILITIES.
       S. 6259--D                          6                         A. 9059--D

    1    (I) ANY OTHER MATTER AS THE DEPARTMENT SHALL DEEM NECESSARY  TO  CARRY
    2  OUT THE PROVISIONS OF THIS SECTION.
    3    3.  THE  DEPARTMENT SHALL NOTIFY THE TAXPAYER AT LEAST FORTY-FIVE DAYS
    4  PRIOR TO THE DATE THE DEPARTMENT INTENDS TO INFORM THE ASSESSOR  OF  THE
    5  SUSPENSION  OF  THE ELIGIBILITY FOR THE STAR EXEMPTION OF PROPERTY WHICH
    6  IS WHOLLY OR PARTIALLY OWNED BY THE TAXPAYER.
    7    (A) SUCH NOTICE SHALL INCLUDE A STATEMENT  THAT  THE  DEPARTMENT  WILL
    8  NOTIFY  THE  ASSESSOR  OF THE SUSPENSION OF THE ELIGIBILITY FOR THE STAR
    9  EXEMPTION OF PROPERTY WHOLLY OR PARTIALLY OWNED BY THE  TAXPAYER  UNLESS
   10  THE  TAXPAYER  FULLY  SATISFIES THE OUTSTANDING STATE TAX LIABILITIES OR
   11  OTHERWISE MAKES PAYMENT ARRANGEMENTS SATISFACTORY TO THE COMMISSIONER IN
   12  ACCORDANCE WITH LAW. HOWEVER, IN ANY CASE  WHERE  A  TAXPAYER  FAILS  TO
   13  COMPLY  WITH  THE TERMS OF AN INSTALLMENT PAYMENT AGREEMENT AS DESCRIBED
   14  HEREIN MORE THAN ONCE WITHIN A TWELVE MONTH PERIOD, THE COMMISSIONER MAY
   15  IMMEDIATELY NOTIFY THE ASSESSOR OF  THE  SUSPENSION  OF  THE  PROPERTY'S
   16  ELIGIBILITY FOR THE STAR EXEMPTION.
   17    (B)  SUCH  NOTICE SHALL ALSO INCLUDE THE INFORMATION NECESSARY FOR THE
   18  TAXPAYER TO PAY THE PAST-DUE LIABILITY,  MAKE  PAYMENT  ARRANGEMENTS  OR
   19  OTHERWISE REQUEST ADDITIONAL INFORMATION.
   20    (C)  SUCH NOTICE SHALL ALSO STATE THAT THE TAXPAYER'S RIGHT TO PROTEST
   21  THE NOTICE IS LIMITED TO RAISING ISSUES THAT  CONSTITUTE  A  MISTAKE  OF
   22  FACT AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION.
   23    (D)  SUCH  NOTICE SHALL ALSO ADVISE THE TAXPAYER HOW THE SUSPENSION OF
   24  THE PROPERTY'S STAR EXEMPTION MAY BE LIFTED.
   25    (E) SUCH NOTICE MAY  ALSO  INCLUDE  ANY  OTHER  INFORMATION  THAT  THE
   26  COMMISSIONER DEEMS NECESSARY.
   27    4.  IF  THE  TAXPAYER  FAILS  TO SATISFY HIS OR HER PAST-DUE STATE TAX
   28  LIABILITIES OR MAKE SATISFACTORY PAYMENT ARRANGEMENTS BY THE DATE SPECI-
   29  FIED IN THE NOTICE, THE DEPARTMENT SHALL  NOTIFY  THE  ASSESSOR  OF  THE
   30  SUSPENSION OF THE PROPERTY'S ELIGIBILITY FOR THE STAR EXEMPTION.
   31    5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, THE NOTICE ISSUED BY
   32  THE DEPARTMENT PURSUANT TO THIS SECTION FOR THE  PURPOSE  OF  SUSPENDING
   33  THE PROPERTY'S ELIGIBILITY FOR THE STAR EXEMPTION MAY ONLY BE CHALLENGED
   34  BEFORE  THE DEPARTMENT ON THE GROUNDS OF A MISTAKE OF FACT AS DEFINED IN
   35  THIS SUBDIVISION AND THE TAXPAYER WILL HAVE NO RIGHT TO COMMENCE A COURT
   36  ACTION, ADMINISTRATIVE PROCEEDING OR ANY OTHER FORM  OF  LEGAL  RECOURSE
   37  AGAINST  THE  DEPARTMENT  OR ASSESSOR REGARDING SUCH SUSPENSION. FOR THE
   38  PURPOSES OF THIS SUBDIVISION, "MISTAKE OF FACT"  IS  LIMITED  TO  CLAIMS
   39  THAT: (I) THE INDIVIDUAL NOTIFIED IS NOT THE TAXPAYER AT ISSUE; (II) THE
   40  PAST-DUE  STATE  TAX LIABILITIES WERE SATISFIED; OR (III) THE DEPARTMENT
   41  INCORRECTLY FOUND THAT THE TAXPAYER HAS FAILED TO COMPLY WITH THE  TERMS
   42  OF AN INSTALLMENT PAYMENT AGREEMENT MORE THAN ONCE WITHIN A TWELVE MONTH
   43  PERIOD  FOR THE PURPOSES OF SUBDIVISION THREE OF THIS SECTION.  HOWEVER,
   44  NOTHING IN THIS SUBDIVISION IS INTENDED TO LIMIT A TAXPAYER FROM SEEKING
   45  RELIEF FROM JOINT AND SEVERAL LIABILITY PURSUANT TO SECTION SIX  HUNDRED
   46  FIFTY-FOUR  OF  THIS  CHAPTER  TO  THE EXTENT THAT HE OR SHE IS ELIGIBLE
   47  PURSUANT TO THAT SUBDIVISION OR ESTABLISHING TO THE DEPARTMENT THAT  THE
   48  ENFORCEMENT  OF  THE  UNDERLYING  TAX LIABILITIES HAS BEEN STAYED BY THE
   49  FILING OF A PETITION PURSUANT TO THE  BANKRUPTCY  CODE  OF  1978  (TITLE
   50  ELEVEN OF THE UNITED STATES CODE).
   51    6.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, THE DEPART-
   52  MENT SHALL FURNISH THE APPROPRIATE ASSESSOR WITH THE NAME AND ADDRESS OF
   53  ANY TAXPAYER WHO OWNS PROPERTY WHICH HAS BECOME INELIGIBLE FOR THE  STAR
   54  EXEMPTION  PURSUANT  TO  THIS  SECTION  AND PARAGRAPH (F) OF SUBDIVISION
   55  THREE OF SECTION FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY  TAX  LAW
   56  AND A DESCRIPTION OF SUCH PROPERTY.
       S. 6259--D                          7                         A. 9059--D

    1    7.  ACTIVITIES  TO  COLLECT  STATE  TAX  LIABILITIES UNDERTAKEN BY THE
    2  DEPARTMENT PURSUANT TO THIS SECTION SHALL NOT IN ANY WAY LIMIT, RESTRICT
    3  OR IMPAIR THE DEPARTMENT FROM EXERCISING ANY OTHER AUTHORITY TO  COLLECT
    4  OR  ENFORCE  PAST-DUE  STATE  TAX LIABILITIES UNDER ANY OTHER APPLICABLE
    5  PROVISION  OF LAW. THE AMOUNT BY WHICH A TAXPAYER'S PROPERTY TAX LIABIL-
    6  ITY INCREASES AS A RESULT OF THE LOSS OF THE STAR EXEMPTION PURSUANT  TO
    7  PARAGRAPH  (F)  OF SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-FIVE
    8  OF THE REAL PROPERTY TAX LAW AND THIS SECTION SHALL  BE  APPLIED  AS  AN
    9  OFFSET  AGAINST  THE AMOUNT OF THE TAXPAYER'S PAST-DUE STATE TAX LIABIL-
   10  ITY.
   11    8. NOTWITHSTANDING THE SECRECY PROVISIONS OF THIS CHAPTER, THE COMMIS-
   12  SIONER MAY DISCLOSE TO  ASSESSORS  THE  INFORMATION  DESCRIBED  IN  THIS
   13  SECTION THAT IS NECESSARY IN THE COMMISSIONER'S DISCRETION FOR THE PROP-
   14  ER  IDENTIFICATION OF A TAXPAYER WITH PAST-DUE STATE TAX LIABILITIES WHO
   15  OWNS PROPERTY WITH A STAR EXEMPTION THAT IS SUBJECT TO SUSPENSION PURSU-
   16  ANT TO SUCH SECTION AND PARAGRAPH (F) OF SUBDIVISION  THREE  OF  SECTION
   17  FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY TAX LAW.
   18    S  3.  This  act  shall take effect immediately and shall apply to the
   19  administration of the STAR exemption authorized by section  425  of  the
   20  real  property tax law for the 2013-2014, 2014-2015 and 2015-2016 school
   21  years.

   22                                   PART C
   23                            Intentionally omitted

   24                                   PART D

   25    Section 1. Section 19 of part W-1 of chapter 109 of the laws of  2006,
   26  amending  the  tax  law relating to providing exemptions, reimbursements
   27  and credits from various taxes for certain alternative fuels, as amended
   28  by section 2 of part L of chapter 61 of the laws of 2011, is amended  to
   29  read as follows:
   30    S  19. This act shall take effect immediately; provided, however, that
   31  sections one through thirteen of this act shall take effect September 1,
   32  2006 and shall be deemed repealed on September 1, [2012] 2014  and  such
   33  repeal  shall  apply  in  accordance  with  the  applicable transitional
   34  provisions of sections 1106 and 1217 of the tax law, and shall apply  to
   35  sales  made,  fuel  compounded or manufactured, and uses occurring on or
   36  after such date, and with respect to sections seven  through  eleven  of
   37  this  act,  in  accordance  with  applicable  transitional provisions of
   38  sections 1106 and 1217 of the  tax  law;  provided,  however,  that  the
   39  commissioner  of  taxation  and finance shall be authorized on and after
   40  the date this act shall have become a law to adopt and amend  any  rules
   41  or  regulations  and  to  take  any  steps  necessary  to  implement the
   42  provisions of this act; provided further that sections fourteen  through
   43  sixteen  of  this  act  shall take effect immediately and shall apply to
   44  taxable years beginning on or after January 1, 2006.
   45    S 2. This act shall take effect immediately.

   46                                   PART E

   47    Section 1. Subdivision 14 of section 282 of the tax law, as amended by
   48  section 1 of part K of chapter 61 of the laws of  2011,  is  amended  to
   49  read as follows:
       S. 6259--D                          8                         A. 9059--D

    1    14.  "Diesel  motor  fuel"  shall mean No. 1 Diesel fuel, No. 2 Diesel
    2  fuel, biodiesel, kerosene, [crude oil,] fuel oil or other middle distil-
    3  late and also motor fuel suitable for use in the operation of an  engine
    4  of  the diesel type, excluding, however, any product specifically desig-
    5  nated  "No. 4 Diesel fuel" and not suitable as a fuel used in the opera-
    6  tion of a motor vehicle engine.
    7    S 2. Paragraph (b) of subdivision 3 of section 282-a of the  tax  law,
    8  as  amended by section 5 of part K of chapter 61 of the laws of 2011, is
    9  amended to read as follows:
   10    (b) The tax on the incidence of sale or use imposed by subdivision one
   11  of this section shall not apply to: (i) the sale or use  of  non-highway
   12  Diesel  motor  fuel, but only if all of such fuel is consumed other than
   13  on the public highways of this state (except for the use of  the  public
   14  highway by farmers to reach adjacent farmlands); provided, however, this
   15  exemption  shall in no event apply to a sale of non-highway Diesel motor
   16  fuel which involves a delivery at a filling station or into a repository
   17  which is equipped with a hose or other apparatus by which such fuel  can
   18  be  dispensed into the fuel tank of a motor vehicle (except for delivery
   19  at a farm site which qualifies for the exemption under  subdivision  (g)
   20  of  section  three hundred one-b of this chapter); or (ii) a sale to the
   21  consumer consisting of not more than twenty gallons of water-white kero-
   22  sene to be used and consumed exclusively for heating purposes; or  (iii)
   23  the  sale  to or delivery at a filling station or other retail vendor of
   24  water-white kerosene provided  such  filling  station  or  other  retail
   25  vendor  only  sells  such  water-white  kerosene exclusively for heating
   26  purposes in containers of no more than twenty gallons; or (iv) a sale of
   27  kero-jet fuel to an airline for use in its airplanes or a use  of  kero-
   28  jet  fuel by an airline in its airplanes; or (v) a sale of kero-jet fuel
   29  by a registered distributor of Diesel motor fuel to a fixed base  opera-
   30  tor registered under this article as a distributor of kero-jet fuel only
   31  where  such  fixed base operator is engaged solely in making or offering
   32  to make retail sales not in bulk of kero-jet fuel directly into the fuel
   33  tank of an airplane for the purpose of  operating  such  airplane;  [or]
   34  (vi) a retail sale not in bulk of kero-jet fuel by a fixed base operator
   35  registered  under  this  article  as a distributor of kero-jet fuel only
   36  where such fuel is delivered directly into the fuel tank of an  airplane
   37  for  use  in the operation of such airplane; OR (VII) THE SALE OF PREVI-
   38  OUSLY UNTAXED QUALIFIED BIODIESEL TO  A  PERSON  REGISTERED  UNDER  THIS
   39  ARTICLE  AS  A  DISTRIBUTOR OF DIESEL MOTOR FUEL OTHER THAN (A) A RETAIL
   40  SALE TO SUCH PERSON OR (B) A SALE TO SUCH PERSON WHICH INVOLVES A DELIV-
   41  ERY AT A FILLING STATION OR INTO A REPOSITORY WHICH IS EQUIPPED  WITH  A
   42  HOSE  OR  OTHER  APPARATUS  BY  WHICH  SUCH  QUALIFIED  BIODIESEL CAN BE
   43  DISPENSED INTO THE FUEL TANK OF A MOTOR VEHICLE.
   44    S 3. Paragraph 5 of subdivision (a) of section 301-b of the  tax  law,
   45  as  added  by  chapter  190  of  the laws of 1990, is amended to read as
   46  follows:
   47    (5) [Crude oil and  liquefied]  LIQUEFIED  petroleum  gases,  such  as
   48  butane, ethane or propane.
   49    S  4.  Subdivision  (e) of section 301-b of the tax law, as amended by
   50  section 21 of part K of chapter 61 of the laws of 2011,  is  amended  to
   51  read as follows:
   52    (e)  Sales  of  QUALIFIED BIODIESEL, non-highway diesel motor fuel and
   53  residual petroleum product to registered distributors  of  diesel  motor
   54  fuel and registered residual petroleum product businesses.
   55    (1)  [Non-highway]  QUALIFIED  BIODIESEL  AND NON-HIGHWAY Diesel motor
   56  fuel sold by a person registered under article twelve-A of this  chapter
       S. 6259--D                          9                         A. 9059--D

    1  as  a distributor of diesel motor fuel to a person registered under such
    2  article twelve-A as a distributor of diesel motor fuel where  such  sale
    3  is  not  a  retail  sale or a sale that involves a delivery at a filling
    4  station  or into a repository equipped with a hose or other apparatus by
    5  which such QUALIFIED BIODIESEL OR non-highway Diesel motor fuel  can  be
    6  dispensed into the fuel tank of a motor vehicle.
    7    (2)  Residual petroleum product sold by a person registered under this
    8  article as a residual petroleum product business to a person  registered
    9  under  this  article as a residual petroleum product business where such
   10  sale is not a retail sale. Provided, however, that the commissioner  may
   11  require  such documentary proof to qualify for any exemption provided in
   12  this section as the commissioner deems appropriate, including the expan-
   13  sion of any certifications required  pursuant  to  section  two  hundred
   14  eighty-five-a  or two hundred eighty-five-b of this chapter to cover the
   15  taxes imposed by this article.
   16    (3) "QUALIFIED BIODIESEL" MEANS SUCH TERM AS  DEFINED  IN  SUBDIVISION
   17  TWENTY-THREE OF SECTION TWO HUNDRED EIGHTY-TWO OF THIS CHAPTER.
   18    S 5. Paragraph 2 of subdivision (a) of section 1102 of the tax law, as
   19  amended  by  section  39 of part K of chapter 61 of the laws of 2011, is
   20  amended to read as follows:
   21    (2) Every distributor of diesel motor fuel shall pay, as a  prepayment
   22  on  account  of  the  taxes  imposed by this article and pursuant to the
   23  authority of article twenty-nine of this chapter, a tax upon the sale or
   24  use of diesel motor fuel in this state. The tax shall be computed  based
   25  upon  the number of gallons of diesel motor fuel sold or used. Provided,
   26  however, if the tax has not been imposed  prior  thereto,  it  shall  be
   27  imposed  on  the  delivery  of  diesel  motor  fuel  to a retail service
   28  station. The collection of such tax shall not be made applicable to  the
   29  sale  or use of diesel motor fuel under circumstances which preclude the
   30  collection of such tax by reason of the United States  constitution  and
   31  of  laws  of the United States enacted pursuant thereto. The prepaid tax
   32  on diesel motor fuel shall not apply  to  (i)  the  sale  of  previously
   33  untaxed  non-highway  Diesel  motor  fuel  to  a  person registered as a
   34  distributor of Diesel motor fuel other than a sale to such person  which
   35  involves  a  delivery at a filling station or into a repository which is
   36  equipped with a hose or other  apparatus  by  which  such  fuel  can  be
   37  dispensed  into  the fuel tank of a motor vehicle, [or] (ii) the sale to
   38  or delivery at a filling station or other retail vendor  of  water-white
   39  kerosene provided such filling station or other retail vendor only sells
   40  such water-white kerosene exclusively for heating purposes in containers
   41  of  no  more  than  twenty gallons or to the sale of CNG or hydrogen; OR
   42  (III) THE SALE OF PREVIOUSLY UNTAXED QUALIFIED  BIODIESEL  TO  A  PERSON
   43  REGISTERED  UNDER  ARTICLE  TWELVE-A OF THIS CHAPTER AS A DISTRIBUTOR OF
   44  DIESEL MOTOR FUEL OTHER THAN (A) A RETAIL SALE TO SUCH PERSON OR  (B)  A
   45  SALE  TO  SUCH  PERSON WHICH INVOLVES A DELIVERY AT A FILLING STATION OR
   46  INTO A REPOSITORY WHICH IS EQUIPPED WITH A HOSE OR  OTHER  APPARATUS  BY
   47  WHICH  SUCH QUALIFIED BIODIESEL CAN BE DISPENSED INTO THE FUEL TANK OF A
   48  MOTOR VEHICLE. "QUALIFIED BIODIESEL"  MEANS  SUCH  TERM  AS  DEFINED  IN
   49  SUBDIVISION TWENTY-THREE OF SECTION TWO HUNDRED EIGHTY-TWO OF THIS CHAP-
   50  TER.
   51    S 6. Paragraph 2 of subdivision (a) of section 1102 of the tax law, as
   52  amended  by section 39-a of part K of chapter 61 of the laws of 2011, is
   53  amended to read as follows:
   54    (2) Every distributor of diesel motor fuel shall pay, as a  prepayment
   55  on  account  of  the  taxes  imposed by this article and pursuant to the
   56  authority of article twenty-nine of this chapter, a tax upon the sale or
       S. 6259--D                         10                         A. 9059--D

    1  use of diesel motor fuel in this state. The tax shall be computed  based
    2  upon  the number of gallons of diesel motor fuel sold or used. Provided,
    3  however, if the tax has not been imposed  prior  thereto,  it  shall  be
    4  imposed  on  the  delivery  of  diesel  motor  fuel  to a retail service
    5  station. The collection of such tax shall not be made applicable to  the
    6  sale  or use of diesel motor fuel under circumstances which preclude the
    7  collection of such tax by reason of the United States  constitution  and
    8  of  laws  of the United States enacted pursuant thereto. The prepaid tax
    9  on diesel motor fuel shall not apply to  (i)  the  sale  of  [previously
   10  untaxed]  non-highway  Diesel  motor  fuel  to  a person registered as a
   11  distributor of Diesel motor fuel other than a sale to such person  which
   12  involves  a  delivery at a filling station or into a repository which is
   13  equipped with a hose or other  apparatus  by  which  such  fuel  can  be
   14  dispensed  into  the fuel tank of a motor vehicle, [or] (ii) the sale to
   15  or delivery at a filling station or other retail vendor  of  water-white
   16  kerosene provided such filling station or other retail vendor only sells
   17  such water-white kerosene exclusively for heating purposes in containers
   18  of  no more than twenty gallons; OR (III) THE SALE OF PREVIOUSLY UNTAXED
   19  QUALIFIED BIODIESEL TO A PERSON REGISTERED  UNDER  ARTICLE  TWELVE-A  OF
   20  THIS  CHAPTER  AS  A  DISTRIBUTOR  OF DIESEL MOTOR FUEL OTHER THAN (A) A
   21  RETAIL SALE TO SUCH PERSON OR (B) A SALE TO SUCH PERSON WHICH INVOLVES A
   22  DELIVERY AT A FILLING STATION OR INTO A  REPOSITORY  WHICH  IS  EQUIPPED
   23  WITH  A HOSE OR OTHER APPARATUS BY WHICH SUCH QUALIFIED BIODIESEL CAN BE
   24  DISPENSED INTO THE FUEL TANK OF A MOTOR VEHICLE.  "QUALIFIED  BIODIESEL"
   25  MEANS  SUCH  TERM  AS DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO
   26  HUNDRED EIGHTY-TWO OF THIS CHAPTER.
   27    S 7. This act shall take effect June 1, 2012; provided, however,  that
   28  the  amendments to paragraph 2 of subdivision (a) of section 1102 of the
   29  tax law made by section five of this act shall be subject to the expira-
   30  tion and reversion of such paragraph pursuant to section 19 of  part  W1
   31  of  chapter 109 of the laws of 2006, as amended, when upon such date the
   32  provisions of section six of  this  act  shall  take  effect;  provided,
   33  further,  that  sections  five  and six of this act shall apply to sales
   34  made and uses occurring on and after such effective date  in  accordance
   35  with the applicable transitional provisions in sections 1106 and 1217 of
   36  the tax law.

   37                                   PART F
   38                            Intentionally omitted

   39                                   PART G

   40    Section  1.  Section  23  of part U of chapter 61 of the laws of 2011,
   41  amending the real property tax  law,  the  general  municipal  law,  the
   42  public  officers law, the tax law, the abandoned property law, the state
   43  finance law and the administrative code of the city of New York,  relat-
   44  ing  to establishing standards for electronic real property tax adminis-
   45  tration, allowing the department of taxation and finance  to  use  elec-
   46  tronic  communication  means to furnish tax notices and other documents,
   47  mandatory electronic filing of tax documents, debit cards issued for tax
   48  refunds, improving sales tax compliance and repealing certain provisions
   49  of the tax law and the administrative code  of  the  city  of  New  York
   50  relating thereto, is amended to read as follows:
   51    S 23. This act shall take effect immediately; provided, however, that:
       S. 6259--D                         11                         A. 9059--D

    1    (a)  the amendments to section 29 of the tax law made by section thir-
    2  teen of this act shall apply to tax documents filed or  required  to  be
    3  filed  on  or  after  the  sixtieth  day after which this act shall have
    4  become a law and shall expire and be deemed repealed December 31, [2012]
    5  2013, provided however that the amendments to paragraph 4 of subdivision
    6  (a)  of  section 29 of the tax law and paragraph 2 of subdivision (e) of
    7  section 29 of the tax law made by section  thirteen  of  this  act  with
    8  regard  to individual taxpayers shall take effect September 15, 2011 but
    9  only if the commissioner of taxation and finance  has  reported  in  the
   10  report  required  by section seventeen-b of this act that the percentage
   11  of individual taxpayers electronically  filing  their  2010  income  tax
   12  returns is less than eighty-five percent; provided that the commissioner
   13  of  taxation  and  finance  shall  notify  the legislative bill drafting
   14  commission of the date of the issuance of such report in order that  the
   15  commission  may  maintain  an accurate and timely effective data base of
   16  the official text of the laws of the state of New York in furtherance of
   17  effectuating the provisions of section 44 of  the  legislative  law  and
   18  section 70-b of the public officers law;
   19    (b)  sections  fourteen,  fifteen,  sixteen  and seventeen of this act
   20  shall take effect September 15, 2011 but only  if  the  commissioner  of
   21  taxation  and  finance  has  reported  in the report required by section
   22  seventeen-b of this act that  the  percentage  of  individual  taxpayers
   23  electronically  filing their 2010 income tax returns is less than eight-
   24  y-five percent;
   25    (c) sections fourteen-a and fifteen-a of this act  shall  take  effect
   26  September  15,  2011 and expire and be deemed repealed December 31, 2012
   27  but shall take effect only if the commissioner of taxation  and  finance
   28  has  reported  in the report required by section seventeen-b of this act
   29  that the percentage of individual taxpayers electronically filing  their
   30  2010 income tax returns is eighty-five percent or greater;
   31    (d)  sections fourteen-b, fifteen-b, sixteen-a and seventeen-a of this
   32  act shall take effect January 1, [2013] 2014 but only if the commission-
   33  er of taxation and finance  has  reported  in  the  report  required  by
   34  section  seventeen-b  of  this  act  that  the  percentage of individual
   35  taxpayers electronically filing their 2010 income tax  returns  is  less
   36  than eighty-five percent; and
   37    (e)  sections twenty-one and twenty-one-a of this act shall expire and
   38  be deemed repealed December 31, [2012] 2013.
   39    S 2. Paragraph 1 of subdivision (a) of section 29 of the tax  law,  as
   40  added  by  section  13  of  part U of chapter 61 of the laws of 2011, is
   41  amended to read as follows:
   42    (1) "Authorized tax document" means a tax document which  the  commis-
   43  sioner  has authorized to be filed electronically, PROVIDED HOWEVER THAT
   44  ANY RETURN OR REPORT THAT INCLUDES ONE OR MORE TAX DOCUMENTS THAT CANNOT
   45  BE FILED ELECTRONICALLY SHALL NOT BE DEEMED  TO  BE  AN  AUTHORIZED  TAX
   46  DOCUMENT FOR PURPOSES OF THIS SECTION.
   47    S  3.  Paragraph 2 of subdivision (b) of section 29 of the tax law, as
   48  added by section 13 of part U of chapter 61 of  the  laws  of  2011,  is
   49  amended to read as follows:
   50    (2)  If  a  tax  return  preparer  prepared  [more than five original]
   51  AUTHORIZED tax documents FOR MORE THAN TEN  DIFFERENT  TAXPAYERS  during
   52  any  calendar  year  beginning  on  or after January first, two thousand
   53  [eleven] TWELVE, and if in any succeeding calendar year that tax  return
   54  preparer  prepares  one or more authorized [returns] TAX DOCUMENTS using
   55  tax software, then, for such  succeeding  calendar  year  and  for  each
   56  subsequent  calendar  year  thereafter,  all  authorized  tax  documents
       S. 6259--D                         12                         A. 9059--D

    1  prepared by that tax return preparer must be  filed  electronically,  in
    2  accordance with instructions prescribed by the commissioner.
    3    S  4.  Paragraph 2 of subdivision (e) of section 29 of the tax law, as
    4  amended by section 13 of part U of chapter 61 of the laws  of  2011,  is
    5  amended to read as follows:
    6    (2)  If  a  taxpayer is required to electronically file any authorized
    7  tax documents or electronically pay any tax liability  or  other  amount
    8  due  shown  on,  or required to be paid with, an authorized tax document
    9  required to be filed electronically pursuant to subdivision (b)  or  (c)
   10  of  this  section, and that taxpayer fails to electronically file one or
   11  more of those tax documents or electronically pay one or more  of  those
   12  liabilities  or other amounts due, then that taxpayer will be subject to
   13  a penalty of [twenty-five dollars for each individual taxpayer's failure
   14  to electronically file an authorized tax document required by or  pursu-
   15  ant to the authority of article twenty-two, thirty, thirty-A or thirty-B
   16  of this chapter or electronically pay any personal income tax imposed by
   17  or  pursuant  to  the  authority  of  any  of those articles, and] fifty
   18  dollars for each failure to electronically file any  [other]  authorized
   19  tax  document  or electronically pay any [other] tax, unless it is shown
   20  that the failure is due to reasonable  cause  and  not  due  to  willful
   21  neglect.  In addition, any taxpayer that fails to electronically file an
   22  authorized tax document for any tax [other than an  individual  taxpayer
   23  who fails to file an authorized tax document for any personal income tax
   24  imposed  by  or pursuant to the authority of article twenty-two, thirty,
   25  thirty-A or thirty-B] will be subject to the penalty imposed  under  the
   26  applicable article for the failure to file a return or report, whether a
   27  paper  return  or report has been filed or not.  PROVIDED, HOWEVER, THAT
   28  THIS SUBDIVISION SHALL NOT APPLY TO AN INDIVIDUAL TAXPAYER WITH  RESPECT
   29  TO HIS OR HER PERSONAL TAX DOCUMENTS THAT ARE REQUIRED BY OR PURSUANT TO
   30  THE  AUTHORITY  OF  ARTICLE  TWENTY-TWO, THIRTY, THIRTY-A OR THIRTY-B OF
   31  THIS CHAPTER.
   32    S 5. Paragraph 4 of subdivision (e) of section 29 of the tax  law,  as
   33  added  by  section  13  of  part U of chapter 61 of the laws of 2011, is
   34  amended to read as follows:
   35    (4) If a taxpayer or tax return preparer fails to electronically  file
   36  an  authorized  tax document when required to do so pursuant to subdivi-
   37  sion (b) or (c) of this section, the taxpayer shall not be  eligible  to
   38  receive  interest  on any overpayment in accordance with the overpayment
   39  provisions of this chapter until such document is filed  electronically.
   40  PROVIDED,  HOWEVER, THAT THIS SUBDIVISION SHALL NOT APPLY TO AN INDIVID-
   41  UAL TAXPAYER WITH RESPECT TO HIS OR HER PERSONAL TAX DOCUMENTS THAT  ARE
   42  REQUIRED  BY OR PURSUANT TO THE AUTHORITY OF ARTICLE TWENTY-TWO, THIRTY,
   43  THIRTY-A OR THIRTY-B OF THIS CHAPTER.
   44    S 6. This act shall take effect  immediately;  provided  that  section
   45  three  of this act shall be deemed to have been in full force and effect
   46  on and after January 1, 2012; provided further that  the  amendments  to
   47  subdivisions  (a),  (b)  and  (e)  of  section 29 of the tax law made by
   48  sections two, three, four and five of this  act  shall  not  affect  the
   49  expiration of such section and shall be deemed to expire therewith.

   50                                   PART H
   51                            Intentionally omitted

   52                                   PART I
       S. 6259--D                         13                         A. 9059--D

    1    Section  1.  Paragraph  1  of subdivision (a) of section 28 of the tax
    2  law, as amended by chapter 440 of the laws of 2006, is amended  to  read
    3  as follows:
    4    (1)  A taxpayer which is a qualified commercial production company, or
    5  which is a sole proprietor of a qualified commercial production company,
    6  and which is subject to tax under article nine-A or twenty-two  of  this
    7  chapter,  shall  be  allowed  a credit against such tax, pursuant to the
    8  provisions referenced in subdivision [(d)] (C) of this  section,  to  be
    9  computed  as provided in this section. Provided, however, to be eligible
   10  for such credit, at least seventy-five percent of the  production  costs
   11  (excluding post production costs) paid or incurred directly and predomi-
   12  nantly  in  the  actual filming or recording of the qualified commercial
   13  must be costs incurred in New York state.  THE TAX CREDIT ALLOWED PURSU-
   14  ANT TO THIS SECTION SHALL APPLY TO TAXABLE YEARS BEGINNING BEFORE  JANU-
   15  ARY FIRST, TWO THOUSAND FIFTEEN.
   16    S  2.  Subparagraphs (i) and (iii) of paragraph 2 of subsection (a) of
   17  section 28 of the tax law, subparagraph (i) as amended by chapter 448 of
   18  the laws of 2009 and subparagraph (iii) as amended by chapter 300 of the
   19  laws of 2007, are amended to read as follows:
   20    (i) The state annually will disburse [three] ONE million of the  total
   21  seven  million  in  tax credits to all eligible production companies and
   22  the amount of the credit shall be the product (or pro rata share of  the
   23  product,  in the case of a member of a partnership) of twenty percent of
   24  the qualified production costs paid or incurred in the production  of  a
   25  qualified  commercial, provided that the qualified production costs paid
   26  or incurred are attributable to the use  of  tangible  property  or  the
   27  performance of services within the state in the production of such qual-
   28  ified  commercial.  To  be  eligible for said credit the total qualified
   29  production costs of a qualified production company must  be  greater  in
   30  the  aggregate  during the current calendar year than the average of the
   31  three previous years for which the credit was applied. Provided,  howev-
   32  er,  that  until  a qualified production company has established a three
   33  year history, the credit will be based on either the  previous  year  or
   34  the  average  of  the two previous years, whichever period is longer for
   35  the qualified production company seeking the credit.  If  the  qualified
   36  production company has never applied for the growth credit, the previous
   37  year's  data will be used to create a benchmark. The tax credit shall be
   38  applied only to the amount of the total qualified  production  costs  of
   39  the  current  calendar  year  that  are greater than the total amount of
   40  production costs of the appropriate measurement period as  described  in
   41  this  subparagraph.  The  tax  credit  must  be  distributed to eligible
   42  production companies on a pro rata basis,  provided,  however,  that  no
   43  such  qualified production company shall receive more than three hundred
   44  thousand dollars annually for such credit. The credit shall  be  allowed
   45  for  the  taxable year in which the production of such qualified commer-
   46  cial is completed.
   47    (iii) The state annually will disburse  [one]  THREE  million  of  the
   48  total  seven million in tax credits to all eligible production companies
   49  who film or record a qualified commercial outside  of  the  metropolitan
   50  commuter  transportation  district  as defined in section twelve hundred
   51  sixty-two of the public authorities law;  PROVIDED,  HOWEVER,  THAT  IF,
   52  AFTER THE STATE REVIEWS ALL APPLICATIONS FROM ELIGIBLE PRODUCTION COMPA-
   53  NIES  WHO FILM OR RECORD A QUALIFIED COMMERCIAL OUTSIDE OF THE METROPOL-
   54  ITAN COMMUTER DISTRICT FOR A GIVEN YEAR, TAX CREDITS REMAIN  UNALLOCATED
   55  UNDER  THIS SUBPARAGRAPH, THOSE CREDITS SHALL BE ALLOTTED TO THE CREDITS
   56  SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH FOR USE CONSISTENT  WITH
       S. 6259--D                         14                         A. 9059--D

    1  THE  PURPOSES  OF SUCH SUBPARAGRAPH.   The amount of the credit shall be
    2  the product (or pro rata share of the product, in the case of  a  member
    3  of a partnership) of five percent of the qualified production costs paid
    4  or  incurred  in the production of a qualified commercial, provided that
    5  the qualified production costs paid or incurred are attributable to  the
    6  use of tangible property or the performance of services within the state
    7  in  the production of such qualified commercial. To be eligible for said
    8  credit the total qualified production costs of  a  qualified  production
    9  company  must be greater than two hundred thousand dollars in the aggre-
   10  gate during the calendar year. Such credit will be applied to  qualified
   11  production  costs  exceeding  two hundred thousand dollars in a calendar
   12  year.
   13    S 3. Paragraph (a) of subdivision 38 of section 210 of the tax law, as
   14  added by section 3 of part V of chapter 62  of  the  laws  of  2006,  is
   15  amended to read as follows:
   16    (a)  Allowance  of  credit.  A  taxpayer  that is eligible pursuant to
   17  provisions of section twenty-eight of this chapter shall  be  allowed  a
   18  credit  to  be  computed  as  provided  in  such section against the tax
   19  imposed by this article.   THE  TAX  CREDIT  ALLOWED  PURSUANT  TO  THIS
   20  SECTION SHALL APPLY TO TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO
   21  THOUSAND FIFTEEN.
   22    S  4. Paragraph 1 of subsection (jj) of section 606 of the tax law, as
   23  added by section 5 of part V of chapter 62  of  the  laws  of  2006,  is
   24  amended to read as follows:
   25    (1)  Allowance  of credit. A taxpayer that is eligible pursuant to the
   26  provisions of section twenty-eight of this chapter shall  be  allowed  a
   27  credit  to  be  computed  as  provided  in  such section against the tax
   28  imposed by this article.   THE  TAX  CREDIT  ALLOWED  PURSUANT  TO  THIS
   29  SECTION SHALL APPLY TO TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO
   30  THOUSAND FIFTEEN.
   31    S  5. Section 10 of part V of chapter 62 of the laws of 2006, relating
   32  to the empire state commercial production tax credit, is amended to read
   33  as follows:
   34    S 10. This act shall take effect immediately [and shall apply to taxa-
   35  ble years beginning on and after January 1, 2007 and shall expire and be
   36  deemed repealed on December 31, 2011]; provided, however  that  the  IMB
   37  credit  for  energy  taxes  under  subsection  (t-1)  and the state film
   38  production credit under subsection (gg) of section 606 of  the  tax  law
   39  contained  in  section four of this act shall expire on the same date as
   40  provided in subdivision (a) of section 49 of part Y of chapter 63 of the
   41  laws of 2000, as amended and section 9 of part P of chapter  60  of  the
   42  laws of 2004, as amended, respectively.
   43    S  6.  Notwithstanding  the  provisions  of  article  5 of the general
   44  construction law, the provisions of part V of chapter 62 of the laws  of
   45  2006,  as  amended,  are hereby revived and shall continue in full force
   46  and effect as such provisions existed on December 31, 2011.
   47    S 7. This act shall take effect immediately and  shall  be  deemed  to
   48  have  been  in  full  force  and  effect on and after December 31, 2011;
   49  provided, however, that the amendments to subparagraphs (i) and (iii) of
   50  paragraph 2 of subsection (a) of section 28  of  the  tax  law  made  by
   51  section  two  of this act shall apply to calendar years beginning on and
   52  after January 1, 2012 and before January 1, 2015.

   53                                   PART J
       S. 6259--D                         15                         A. 9059--D

    1    Section 1.  Subdivision 4 of section 22 of the public housing law,  as
    2  amended  by  section  1  of part F of chapter 61 of the laws of 2011, is
    3  amended to read as follows:
    4    4.  Statewide  limitation. The aggregate dollar amount of credit which
    5  the commissioner may allocate to  eligible  low-income  buildings  under
    6  this article shall be [thirty-two] FORTY million dollars. The limitation
    7  provided by this subdivision applies only to allocation of the aggregate
    8  dollar  amount  of  credit  by  the  commissioner, and does not apply to
    9  allowance to a taxpayer of the credit with respect to an  eligible  low-
   10  income building for each year of the credit period.
   11    S 2. Subdivision 4 of section 22 of the public housing law, as amended
   12  by section one of this act, is amended to read as follows:
   13    4.  Statewide  limitation. The aggregate dollar amount of credit which
   14  the commissioner may allocate to  eligible  low-income  buildings  under
   15  this  article  shall be [forty] FORTY-EIGHT million dollars. The limita-
   16  tion provided by this subdivision applies  only  to  allocation  of  the
   17  aggregate  dollar  amount  of  credit  by the commissioner, and does not
   18  apply to allowance to a taxpayer of the credit with respect to an eligi-
   19  ble low-income building for each year of the credit period.
   20    S 3. This  act  shall  take  effect  immediately;  provided,  however,
   21  section two of this act shall take effect April 1, 2013.

   22                                   PART K

   23    Section 1. Subdivision (a) of section 28 of the tax law, as amended by
   24  section  1  of  part  A of chapter 57 of the laws of 2010, is amended to
   25  read as follows:
   26    (a) General. A taxpayer subject to tax under article nine,  nine-A  or
   27  twenty-two  of  this  chapter shall be allowed a credit against such tax
   28  pursuant to  the  provisions  referenced  in  subdivision  (d)  of  this
   29  section. The credit (or pro rata share of earned credit in the case of a
   30  partnership)  for  each gallon of biofuel produced at a biofuel plant on
   31  or after January first, two thousand six shall equal fifteen  cents  per
   32  gallon after the production of the first forty thousand gallons per year
   33  presented  to  market.  The credit under this section shall be capped at
   34  two and one-half million dollars per taxpayer per taxable year for up to
   35  no more than four consecutive taxable years per biofuel plant.   If  the
   36  taxpayer  is  a  partner in a partnership or shareholder of a New York S
   37  corporation, then the cap imposed by the  preceding  sentence  shall  be
   38  applied at the entity level, so that the aggregate credit allowed to all
   39  the  partners  or  shareholders  of each such entity in the taxable year
   40  does not exceed two and one-half million dollars. THE TAX CREDIT ALLOWED
   41  PURSUANT TO THIS SECTION SHALL APPLY TO TAXABLE YEARS  BEGINNING  BEFORE
   42  JANUARY FIRST, TWO THOUSAND TWENTY.
   43    S  2. Section 187-c of the tax law, as added by section 2 of part X of
   44  chapter 62 of the laws of 2006, is amended to read as follows:
   45    S 187-c. Biofuel production credit. A  taxpayer  shall  be  allowed  a
   46  credit  to be computed as provided in section twenty-eight of this chap-
   47  ter, AS ADDED BY PART X OF CHAPTER SIXTY-TWO OF THE LAWS OF TWO THOUSAND
   48  SIX, against the tax imposed by this article.  Provided,  however,  that
   49  the amount of such credit allowed against the tax imposed by section one
   50  hundred eighty-four of this article shall be the excess of the amount of
   51  such  credit  over  the  amount  of  any  credit allowed by this section
   52  against the tax imposed by section  one  hundred  eighty-three  of  this
   53  article.  In  no event shall the credit under this section be allowed in
   54  an amount which will reduce the tax payable to less than the  applicable
       S. 6259--D                         16                         A. 9059--D

    1  minimum  tax  fixed  by  section one hundred eighty-three or one hundred
    2  eighty-five of this article. If,  however,  the  amount  of  the  credit
    3  allowed  under this section for any taxable year reduces the tax to such
    4  amount, the excess shall be treated as an overpayment of tax to be cred-
    5  ited  or  refunded  in  accordance  with  the  provisions of section six
    6  hundred eighty-six of this chapter. Provided, however, the provisions of
    7  subsection (c) of section one  thousand  eighty-eight  of  this  chapter
    8  notwithstanding,  no  interest  shall  be paid thereon.   THE TAX CREDIT
    9  ALLOWED PURSUANT TO THIS SECTION SHALL APPLY TO TAXABLE YEARS  BEGINNING
   10  BEFORE JANUARY FIRST, TWO THOUSAND TWENTY.
   11    S 3. Subdivision 38 of section 210 of the tax law, as added by section
   12  3  of  part  X  of chapter 62 of the laws of 2006, is amended to read as
   13  follows:
   14    38. Biofuel production credit. A taxpayer shall be allowed  a  credit,
   15  to  be  computed as provided in section twenty-eight of this chapter, AS
   16  ADDED BY PART X OF CHAPTER SIXTY-TWO OF THE LAWS OF  TWO  THOUSAND  SIX,
   17  against  the  tax imposed by this article. The credit allowed under this
   18  subdivision for any taxable year shall not reduce the tax due  for  such
   19  year to less than the higher of the amounts prescribed in paragraphs (c)
   20  and  (d)  of  subdivision one of this section. However, if the amount of
   21  credit allowed under this subdivision for any taxable year  reduces  the
   22  tax  to  such  amount,  any amount of credit thus not deductible in such
   23  taxable year shall be treated as an overpayment of tax to be credited or
   24  refunded in accordance with  the  provisions  of  section  one  thousand
   25  eighty-six  of  this  chapter.  Provided,  however,  the  provisions  of
   26  subsection (c) of section one  thousand  eighty-eight  of  this  chapter
   27  notwithstanding,  no  interest  shall  be paid thereon.   THE TAX CREDIT
   28  ALLOWED PURSUANT TO THIS SECTION SHALL APPLY TO TAXABLE YEARS  BEGINNING
   29  BEFORE JANUARY FIRST, TWO THOUSAND TWENTY.
   30    S  4.  Subsection  (jj)  of  section  606  of the tax law, as added by
   31  section 5 of part X of chapter 62 of the laws of  2006,  is  amended  to
   32  read as follows:
   33    (jj)  Biofuel  production credit. A taxpayer shall be allowed a credit
   34  to be computed as provided in section twenty-eight of this  chapter,  AS
   35  ADDED  BY  PART  X OF CHAPTER SIXTY-TWO OF THE LAWS OF TWO THOUSAND SIX,
   36  against the tax imposed by this article. If the  amount  of  the  credit
   37  allowed  under  this  subsection  for  any taxable year shall exceed the
   38  taxpayer's tax for such year, the excess shall be treated as an overpay-
   39  ment of tax to be credited or refunded in accordance with the provisions
   40  of section six hundred eighty-six of this  article,  provided,  however,
   41  that no interest shall be paid thereon.  THE TAX CREDIT ALLOWED PURSUANT
   42  TO  THIS  SECTION  SHALL APPLY TO TAXABLE YEARS BEGINNING BEFORE JANUARY
   43  FIRST, TWO THOUSAND TWENTY.
   44    S 5. Section 6 of part X of chapter 62 of the laws of  2006,  amending
   45  the  tax  law  relating  to providing tax credits for biofuel production
   46  plants, is amended to read as follows:
   47    S 6. This act shall take effect immediately [and shall apply to  taxa-
   48  ble  years commencing on and after January 1, 2006 and before January 1,
   49  2013]; provided, however that the IMB  credit  for  energy  taxes  under
   50  subsection  (t-1)  and the state film production credit under subsection
   51  (gg) of section 606 of the tax law contained in section four of this act
   52  shall expire on the same date as provided in subdivision (a) of  section
   53  49 of part Y of chapter 63 of the laws of 2000, as amended and section 9
   54  of part P of chapter 60 of the laws of 2004, as amended, respectively.
   55    S 6. This act shall take effect immediately.
       S. 6259--D                         17                         A. 9059--D

    1                                   PART L

    2    Section  1.  Section  2  of  part I of chapter 58 of the laws of 2006,
    3  relating to providing an enhanced earned income tax credit,  is  amended
    4  to read as follows:
    5    S 2. This act shall take effect immediately and shall apply to taxable
    6  years beginning on or after January 1, 2006 and before January 1, [2013]
    7  2015.
    8    S 2. This act shall take effect immediately.

    9                                   PART M
   10                            Intentionally omitted

   11                                   PART N

   12    Section 1. Subsection (a) of section 801 of the tax law, as amended by
   13  section  2  of  part  B of chapter 56 of the laws of 2011, is amended to
   14  read as follows:
   15    (a) For the sole purpose of providing an additional stable  and  reli-
   16  able  dedicated  funding  source  for  the  metropolitan  transportation
   17  authority and its subsidiaries and affiliates to preserve,  operate  and
   18  improve  essential  transit and transportation services in the metropol-
   19  itan commuter transportation  district,  a  tax  is  hereby  imposed  on
   20  EMPLOYERS  AND  INDIVIDUALS  AS FOLLOWS: (1) FOR employers who engage in
   21  business within the MCTD [(1)], THE TAX IS IMPOSED  at  a  rate  of  (A)
   22  eleven  hundredths  (.11)  percent  OF THE PAYROLL EXPENSE for employers
   23  with payroll expense no greater than three hundred seventy-five thousand
   24  dollars in any  calendar  quarter,  (B)  twenty-three  hundredths  (.23)
   25  percent OF THE PAYROLL EXPENSE for employers with payroll expense great-
   26  er  than three hundred seventy-five thousand dollars and no greater than
   27  four hundred thirty-seven thousand five hundred dollars in any  calendar
   28  quarter,  and  (C)  thirty-four  hundredths (.34) percent OF THE PAYROLL
   29  EXPENSE for employers with payroll expense in  excess  of  four  hundred
   30  thirty-seven  thousand  five  hundred  dollars in any calendar quarter[,
   31  and]. IF THE  EMPLOYER  IS  A  PROFESSIONAL  EMPLOYER  ORGANIZATION,  AS
   32  DEFINED IN SECTION NINE HUNDRED SIXTEEN OF THE LABOR LAW, THE EMPLOYER'S
   33  TAX  SHALL BE CALCULATED BY DETERMINING THE PAYROLL EXPENSE ATTRIBUTABLE
   34  TO EACH CLIENT WHO HAS ENTERED INTO A  PROFESSIONAL  EMPLOYER  AGREEMENT
   35  WITH  SUCH  ORGANIZATION  AND  THE  PAYROLL EXPENSE ATTRIBUTABLE TO SUCH
   36  ORGANIZATION ITSELF, MULTIPLYING EACH OF THOSE PAYROLL  EXPENSE  AMOUNTS
   37  BY  THE  APPLICABLE  RATE  SET  FORTH IN THIS PARAGRAPH AND ADDING THOSE
   38  PRODUCTS TOGETHER. (2) FOR INDIVIDUALS, THE TAX IS IMPOSED at a rate  of
   39  thirty-four  hundredths  (.34) percent of the net earnings from self-em-
   40  ployment of individuals that are attributable to the MCTD if such  earn-
   41  ings  attributable to the MCTD exceed fifty thousand dollars for the tax
   42  year.
   43    S 2. Section 4 of part B of chapter 56 of the laws  of  2011  amending
   44  the tax law relating to the tax rates and exclusions under the metropol-
   45  itan commuter transportation mobility tax is amended to read as follows:
   46    S 4. This act shall take effect immediately AND SHALL APPLY TO TAXABLE
   47  YEARS  BEGINNING  ON  OR  AFTER  JANUARY 1, 2012; provided however, that
   48  section one of this act and the amendments in section two  of  this  act
   49  that  concern  employers  shall take effect for the quarter beginning on
   50  April 1, 2012.
       S. 6259--D                         18                         A. 9059--D

    1    S 3. This act shall take effect immediately; provided however that the
    2  amendment in section one of this act  concerning  professional  employer
    3  organizations  shall  take  effect for the quarter beginning on April 1,
    4  2012.

    5                                   PART O

    6    Section  1.  Paragraph  (a)  of  subdivision  1 of section 1003 of the
    7  racing, pari-mutuel wagering and breeding law, as amended by  section  1
    8  of  part  S  of  chapter  61  of the laws of 2011, is amended to read as
    9  follows:
   10    (a) Any  racing  association  or  corporation  or  regional  off-track
   11  betting  corporation,  authorized  to conduct pari-mutuel wagering under
   12  this chapter, desiring to display the simulcast of horse races on  which
   13  pari-mutuel  betting shall be permitted in the manner and subject to the
   14  conditions provided for in this article may apply to  the  board  for  a
   15  license so to do. Applications for licenses shall be in such form as may
   16  be  prescribed  by the board and shall contain such information or other
   17  material or evidence as the board  may  require.  No  license  shall  be
   18  issued  by the board authorizing the simulcast transmission of thorough-
   19  bred races from a track located in Suffolk  county.  The  fee  for  such
   20  licenses  shall  be five hundred dollars per simulcast facility per year
   21  payable by the licensee to the board for deposit into the general  fund.
   22  Except  as  provided herein, the board shall not approve any application
   23  to conduct simulcasting into individual or group  residences,  homes  or
   24  other areas for the purposes of or in connection with pari-mutuel wager-
   25  ing.  The board may approve simulcasting into residences, homes or other
   26  areas to be conducted jointly by one or more regional off-track  betting
   27  corporations and one or more of the following: a franchised corporation,
   28  thoroughbred racing corporation or a harness racing corporation or asso-
   29  ciation;  provided  (i) the simulcasting consists only of those races on
   30  which pari-mutuel betting is authorized by this chapter at one  or  more
   31  simulcast  facilities  for  each  of  the  contracting off-track betting
   32  corporations which shall include wagers made in accordance with  section
   33  one thousand fifteen, one thousand sixteen and one thousand seventeen of
   34  this  article;  provided  further  that the contract provisions or other
   35  simulcast arrangements for such simulcast  facility  shall  be  no  less
   36  favorable than those in effect on January first, two thousand five; (ii)
   37  that  each  off-track  betting  corporation having within its geographic
   38  boundaries such residences, homes or other areas technically capable  of
   39  receiving  the  simulcast signal shall be a contracting party; (iii) the
   40  distribution of revenues shall be subject to  contractual  agreement  of
   41  the  parties  except that statutory payments to non-contracting parties,
   42  if any, may not be reduced; provided, however, that  nothing  herein  to
   43  the  contrary  shall  prevent  a  track  from televising its races on an
   44  irregular basis primarily for promotional or marketing purposes as found
   45  by the board. For purposes of this paragraph, the provisions of  section
   46  one  thousand  thirteen  of  this article shall not apply. Any agreement
   47  authorizing an in-home simulcasting experiment commencing prior  to  May
   48  fifteenth,  nineteen  hundred  ninety-five,  may,  and all its terms, be
   49  extended until June thirtieth, two thousand [twelve] THIRTEEN; provided,
   50  however, that any party to such agreement may elect  to  terminate  such
   51  agreement  upon  conveying  written  notice to all other parties of such
   52  agreement at least forty-five days prior to the effective  date  of  the
   53  termination,  via  registered  mail. Any party to an agreement receiving
   54  such notice of an intent to terminate, may request the board to  mediate
       S. 6259--D                         19                         A. 9059--D

    1  between  the parties new terms and conditions in a replacement agreement
    2  between the parties as will permit continuation of an in-home experiment
    3  until June thirtieth,  two  thousand  [twelve]  THIRTEEN;  and  (iv)  no
    4  in-home  simulcasting in the thoroughbred special betting district shall
    5  occur without the approval of the regional thoroughbred track.
    6    S 2. Subparagraph (iii) of paragraph d of  subdivision  3  of  section
    7  1007 of the racing, pari-mutuel wagering and breeding law, as amended by
    8  section  2  of  part  S of chapter 61 of the laws of 2011, is amended to
    9  read as follows:
   10    (iii) Of the sums retained by a receiving track located in Westchester
   11  county on races received from a franchised corporation, for  the  period
   12  commencing January first, two thousand eight and continuing through June
   13  thirtieth,  two  thousand [twelve] THIRTEEN, the amount used exclusively
   14  for purses to be awarded at races  conducted  by  such  receiving  track
   15  shall  be computed as follows: of the sums so retained, two and one-half
   16  percent of the total pools. Such amount shall be increased or  decreased
   17  in  the  amount  of fifty percent of the difference in total commissions
   18  determined by comparing the total commissions available after July twen-
   19  ty-first, nineteen hundred ninety-five to  the  total  commissions  that
   20  would  have  been  available  to  such track prior to July twenty-first,
   21  nineteen hundred ninety-five.
   22    S 3. The opening paragraph of subdivision 1 of  section  1014  of  the
   23  racing,  pari-mutuel  wagering and breeding law, as amended by section 3
   24  of part S of chapter 61 of the laws of  2011,  is  amended  to  read  as
   25  follows:
   26    The  provisions of this section shall govern the simulcasting of races
   27  conducted at thoroughbred tracks located in another state or country  on
   28  any day during which a franchised corporation is conducting a race meet-
   29  ing  in  Saratoga  county  at Saratoga thoroughbred racetrack until June
   30  thirtieth, two thousand [twelve] THIRTEEN and on any day  regardless  of
   31  whether  or not a franchised corporation is conducting a race meeting in
   32  Saratoga county at Saratoga thoroughbred racetrack after June thirtieth,
   33  two thousand [twelve] THIRTEEN. On any day on which a franchised  corpo-
   34  ration  has  not  scheduled  a  racing program but a thoroughbred racing
   35  corporation located within the state is conducting  racing,  every  off-
   36  track  betting corporation branch office and every simulcasting facility
   37  licensed in accordance  with  section  one  thousand  seven  (that  have
   38  entered  into  a  written  agreement with such facility's representative
   39  horsemen's organization, as approved by the board), one thousand  eight,
   40  or  one  thousand  nine  of  this  article shall be authorized to accept
   41  wagers and display the live simulcast signal  from  thoroughbred  tracks
   42  located  in  another  state  or foreign country subject to the following
   43  provisions:
   44    S 4. Subdivision 1 of section 1015 of the racing, pari-mutuel wagering
   45  and breeding law, as amended by section 4 of part S of chapter 61 of the
   46  laws of 2011, is amended to read as follows:
   47    1. The provisions of this section shall  govern  the  simulcasting  of
   48  races  conducted  at  harness tracks located in another state or country
   49  during the period July first, nineteen hundred ninety-four through  June
   50  thirtieth, two thousand [twelve] THIRTEEN.  This section shall supersede
   51  all inconsistent provisions of this chapter.
   52    S  5.  The  opening  paragraph of subdivision 1 of section 1016 of the
   53  racing, pari-mutuel wagering and breeding law, as amended by  section  5
   54  of  part  S  of  chapter  61  of the laws of 2011, is amended to read as
   55  follows:
       S. 6259--D                         20                         A. 9059--D

    1    The provisions of this section shall govern the simulcasting of  races
    2  conducted  at thoroughbred tracks located in another state or country on
    3  any day during which a franchised corporation is not conducting  a  race
    4  meeting in Saratoga county at Saratoga thoroughbred racetrack until June
    5  thirtieth,  two  thousand  [twelve]  THIRTEEN.   Every off-track betting
    6  corporation branch office and every simulcasting  facility  licensed  in
    7  accordance  with  section  one  thousand  seven that have entered into a
    8  written agreement with such facility's representative horsemen's  organ-
    9  ization  as  approved  by  the board, one thousand eight or one thousand
   10  nine of this article shall be authorized to accept  wagers  and  display
   11  the  live  full-card  simulcast signal of thoroughbred tracks (which may
   12  include quarter horse or mixed meetings provided that all such  wagering
   13  on  such  races  shall be construed to be thoroughbred races) located in
   14  another state or foreign country, subject to the  following  provisions;
   15  provided,  however,  no  such  written  agreement shall be required of a
   16  franchised corporation licensed in accordance with section one  thousand
   17  seven of this article:
   18    S  6. The opening paragraph of section 1018 of the racing, pari-mutuel
   19  wagering and breeding law, as amended by section 6 of part S of  chapter
   20  61 of the laws of 2011, is amended to read as follows:
   21    Notwithstanding  any  other  provision of this chapter, for the period
   22  July twenty-fifth, two thousand one through September eighth, two  thou-
   23  sand [eleven] TWELVE, when a franchised corporation is conducting a race
   24  meeting  within  the  state  at  Saratoga  Race  Course, every off-track
   25  betting  corporation  branch  office  and  every  simulcasting  facility
   26  licensed in accordance with section one thousand seven (that has entered
   27  into  a written agreement with such facility's representative horsemen's
   28  organization as approved by the board), one thousand eight or one  thou-
   29  sand  nine  of  this  article  shall  be authorized to accept wagers and
   30  display the live simulcast signal from thoroughbred  tracks  located  in
   31  another  state, provided that such facility shall accept wagers on races
   32  run at all in-state thoroughbred  tracks  which  are  conducting  racing
   33  programs subject to the following provisions; provided, however, no such
   34  written agreement shall be required of a franchised corporation licensed
   35  in accordance with section one thousand seven of this article.
   36    S  7.  Section  32  of  chapter  281 of the laws of 1994, amending the
   37  racing, pari-mutuel wagering and breeding law and other laws relating to
   38  simulcasting, as amended by section 7 of part S of  chapter  61  of  the
   39  laws of 2011, is amended to read as follows:
   40    S  32.  This act shall take effect immediately and the pari-mutuel tax
   41  reductions in section six  of  this  act  shall  expire  and  be  deemed
   42  repealed  on  July  1,  [2012]  2013;  provided,  however,  that nothing
   43  contained herein shall be deemed to affect the  application,  qualifica-
   44  tion,  expiration,  or  repeal  of  any  provision of law amended by any
   45  section of this act, and such provisions shall be applied  or  qualified
   46  or  shall  expire  or be deemed repealed in the same manner, to the same
   47  extent and on the same date as the case may be as otherwise provided  by
   48  law;  provided  further, however, that sections twenty-three and twenty-
   49  five of this act shall remain in full force and effect only until May 1,
   50  1997 and at such time shall be deemed to be repealed.
   51    S 8. Section 54 of chapter 346 of  the  laws  of  1990,  amending  the
   52  racing, pari-mutuel wagering and breeding law and other laws relating to
   53  simulcasting  and the imposition of certain taxes, as amended by section
   54  8 of part S of chapter 61 of the laws of 2011, is  amended  to  read  as
   55  follows:
       S. 6259--D                         21                         A. 9059--D

    1    S  54.  This  act  shall  take  effect immediately; provided, however,
    2  sections three through twelve of this act shall take effect  on  January
    3  1, 1991, and section 1013 of the racing, pari-mutuel wagering and breed-
    4  ing  law, as added by section thirty-eight of this act, shall expire and
    5  be  deemed repealed on July 1, [2012] 2013; and section eighteen of this
    6  act shall take effect on July 1, 2008 and sections fifty-one and  fifty-
    7  two  of this act shall take effect as of the same date as chapter 772 of
    8  the laws of 1989 took effect.
    9    S 9. Paragraph (a) of subdivision 1 of  section  238  of  the  racing,
   10  pari-mutuel wagering and breeding law, as amended by section 9 of part S
   11  of chapter 61 of the laws of 2011, is amended to read as follows:
   12    (a)  The  franchised  corporation  authorized  under  this  chapter to
   13  conduct pari-mutuel betting at a race meeting or races run thereat shall
   14  distribute all sums deposited in any pari-mutuel pool to the holders  of
   15  winning  tickets therein, provided such tickets be presented for payment
   16  before April first of the year following the  year  of  their  purchase,
   17  less  an  amount  which  shall be established and retained by such fran-
   18  chised corporation of between twelve to  seventeen  per  centum  of  the
   19  total  deposits in pools resulting from on-track regular bets, and four-
   20  teen to twenty-one per centum of the total deposits in  pools  resulting
   21  from on-track multiple bets and fifteen to twenty-five per centum of the
   22  total  deposits in pools resulting from on-track exotic bets and fifteen
   23  to thirty-six per centum of the total deposits in pools  resulting  from
   24  on-track  super  exotic  bets, plus the breaks. The retention rate to be
   25  established is subject to the prior approval of the racing and  wagering
   26  board.  Such rate may not be changed more than once per calendar quarter
   27  to be effective on the first day of the calendar quarter. "Exotic  bets"
   28  and  "multiple  bets"  shall have the meanings set forth in section five
   29  hundred nineteen of this chapter.  "Super exotic bets"  shall  have  the
   30  meaning  set  forth  in  section  three hundred one of this chapter. For
   31  purposes of this section, a "pick six bet" shall mean a  single  bet  or
   32  wager on the outcomes of six races. The breaks are hereby defined as the
   33  odd  cents over any multiple of five for payoffs greater than one dollar
   34  five cents but less than five dollars, over  any  multiple  of  ten  for
   35  payoffs  greater  than  five  dollars but less than twenty-five dollars,
   36  over any multiple of twenty-five for payoffs  greater  than  twenty-five
   37  dollars but less than two hundred fifty dollars, or over any multiple of
   38  fifty  for  payoffs over two hundred fifty dollars. Out of the amount so
   39  retained there shall be paid  by  such  franchised  corporation  to  the
   40  commissioner  of  taxation and finance, as a reasonable tax by the state
   41  for the privilege of conducting pari-mutuel betting on the races run  at
   42  the  race  meetings  held  by such franchised corporation, the following
   43  percentages of the total pool for regular and  multiple  bets  five  per
   44  centum  of regular bets and four per centum of multiple bets plus twenty
   45  per centum of the breaks; for  exotic  wagers  seven  and  one-half  per
   46  centum  plus  twenty per centum of the breaks, and for super exotic bets
   47  seven and one-half per centum plus fifty per centum of the  breaks.  For
   48  the  period  June  first, nineteen hundred ninety-five through September
   49  ninth, nineteen hundred ninety-nine, such tax on regular wagers shall be
   50  three per centum and such tax on multiple wagers shall be two  and  one-
   51  half  per  centum,  plus twenty per centum of the breaks. For the period
   52  September tenth, nineteen  hundred  ninety-nine  through  March  thirty-
   53  first,  two  thousand  one, such tax on all wagers shall be two and six-
   54  tenths per centum and for the  period  April  first,  two  thousand  one
   55  through  December thirty-first, two thousand [twelve] THIRTEEN, such tax
   56  on all wagers shall be one and six-tenths per centum, plus, in each such
       S. 6259--D                         22                         A. 9059--D

    1  period, twenty per centum of the breaks. Payment to the New  York  state
    2  thoroughbred  breeding  and  development  fund by such franchised corpo-
    3  ration shall be one-half of one per centum of total daily on-track pari-
    4  mutuel  pools resulting from regular, multiple and exotic bets and three
    5  per centum of super exotic bets provided, however, that for  the  period
    6  September  tenth,  nineteen  hundred  ninety-nine  through March thirty-
    7  first, two thousand one, such payment shall be  six-tenths  of  one  per
    8  centum  of  regular,  multiple and exotic pools and for the period April
    9  first, two thousand one  through  December  thirty-first,  two  thousand
   10  [twelve]  THIRTEEN, such payment shall be seven-tenths of one per centum
   11  of such pools.
   12    S 10. Subdivision 5 of section 1012 of the racing, pari-mutuel  wager-
   13  ing  and  breeding law, as amended by section 10 of part S of chapter 61
   14  of the laws of 2011, is amended to read as follows:
   15    5. The provisions of this section shall expire and be  of  no  further
   16  force and effect after June thirtieth, two thousand [twelve] THIRTEEN.
   17    S 11. This act shall take effect immediately.

   18                                   PART P

   19    Section  1.  Subdivision  3 of section 205 of the tax law, as added by
   20  section 8 of part U1 of chapter 62 of the laws of 2003,  is  amended  to
   21  read as follows:
   22    3.  [From the] THE moneys collected from the taxes imposed by sections
   23  one hundred eighty-three and one hundred eighty-four of this article  on
   24  and  after  April  first,  two  thousand  [four] TWELVE, after reserving
   25  amounts for refunds or reimbursements, SHALL BE DISTRIBUTED AS  FOLLOWS:
   26  twenty  percent  of  such moneys shall be deposited to the credit of the
   27  dedicated highway and bridge trust fund established by  section  eighty-
   28  nine-b  of the state finance law[. The remainder], FIFTY-FOUR PERCENT OF
   29  SUCH MONEYS shall be deposited  in  the  mass  transportation  operating
   30  assistance  fund  to  the credit of the metropolitan mass transportation
   31  operating assistance account created pursuant to section  eighty-eight-a
   32  of  the state finance law AND TWENTY-SIX PERCENT OF SUCH MONEYS SHALL BE
   33  DEPOSITED IN THE MASS TRANSPORTATION OPERATING ASSISTANCE  FUND  TO  THE
   34  CREDIT OF THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT
   35  CREATED PURSUANT TO SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
   36    S  2. This act shall take effect immediately and shall be deemed to be
   37  in full force and effect on and after April 1, 2012; provided,  however,
   38  that  the amendments to subdivision 3 of section 205 of the tax law made
   39  by section one of this act shall expire and be deemed repealed on  April
   40  1, 2013 and shall not affect the repeal of such subdivision and shall be
   41  deemed to be repealed therewith.

   42                                   PART Q

   43    Section  1. Subdivision (e) of section 1105 of the tax law, as amended
   44  by section 4 of part AA of chapter 57 of the laws of 2010, is amended to
   45  read as follows:
   46    (e) (1) The rent for every occupancy of a room or rooms in a hotel  in
   47  this  state,  except that the tax shall not be imposed upon (i) a perma-
   48  nent resident, or (ii) where the rent is not more than at  the  rate  of
   49  two dollars per day.
   50    (2)  [When]  EXCEPT  AS  PROVIDED IN SUBDIVISION (R) OF SECTION ELEVEN
   51  HUNDRED ELEVEN OF THIS PART, WHEN occupancy is provided,  for  a  single
   52  consideration,  with property, services, amusement charges, or any other
       S. 6259--D                         23                         A. 9059--D

    1  items, the separate sale of which is not subject to tax under this arti-
    2  cle, the entire consideration shall be treated as rent  subject  to  tax
    3  under  paragraph  one of this subdivision; provided, however, that where
    4  the amount of the rent for occupancy is stated separately from the price
    5  of  such  property,  services, amusement charges, or other items, on any
    6  sales slip, invoice, receipt, or other statement given the occupant, and
    7  such rent is reasonable in relation  to  the  value  of  such  property,
    8  services,  amusement charges or other items, only such separately stated
    9  rent will be subject to tax under paragraph one of this subdivision.
   10    S 2. Section 1111 of the tax law is amended by adding a  new  subdivi-
   11  sion (r) to read as follows:
   12    (R)  (1)  IN  REGARD  TO THE COLLECTION OF SALES TAX ON OCCUPANCIES BY
   13  ROOM REMARKETERS, WHEN OCCUPANCY IS PROVIDED FOR A SINGLE  CONSIDERATION
   14  WITH  PROPERTY, SERVICES, AMUSEMENT CHARGES, OR ANY OTHER ITEMS, WHETHER
   15  OR NOT SUCH OTHER ITEMS ARE TAXABLE, THE RENT PORTION OF  THE  CONSIDER-
   16  ATION  FOR  SUCH  TRANSACTION  SHALL  BE COMPUTED AS FOLLOWS: EITHER THE
   17  TOTAL CONSIDERATION RECEIVED BY THE  ROOM  REMARKETER  MULTIPLIED  BY  A
   18  FRACTION,  THE NUMERATOR OF WHICH SHALL BE THE CONSIDERATION PAYABLE FOR
   19  THE OCCUPANCY BY THE ROOM REMARKETER AND THE DENOMINATOR OF WHICH  SHALL
   20  BE  SUCH  CONSIDERATION PAYABLE FOR THE OCCUPANCY PLUS THE CONSIDERATION
   21  PAYABLE BY THE REMARKETER FOR THE OTHER ITEMS  BEING  SOLD,  OR  BY  ANY
   22  OTHER  METHOD  AS  MAY  BE  AUTHORIZED  BY THE COMMISSIONER. IF THE ROOM
   23  REMARKETER FAILS TO SEPARATELY STATE THE TAX ON THE RENT SO COMPUTED  ON
   24  A SALES SLIP, INVOICE, RECEIPT, OR OTHER STATEMENT GIVEN TO THE OCCUPANT
   25  IN  THE  MANNER PRESCRIBED BY PARAGRAPH TWO OF THIS SUBDIVISION OR FAILS
   26  TO MAINTAIN RECORDS OF THE PRICES OF ALL  COMPONENTS  OF  A  TRANSACTION
   27  COVERED  BY THIS PARAGRAPH, THE ENTIRE CONSIDERATION SHALL BE TREATED AS
   28  RENT SUBJECT TO TAX UNDER PARAGRAPH ONE OF SUBDIVISION  (E)  OF  SECTION
   29  ELEVEN  HUNDRED  FIVE OF THIS PART. NOTHING HEREIN SHALL BE CONSTRUED TO
   30  SUBJECT TO TAX OR EXEMPT FROM TAX ANY SERVICE OR PROPERTY  OR  AMUSEMENT
   31  CHARGE  OR OTHER ITEMS OTHERWISE SUBJECT TO TAX OR EXEMPT FROM TAX UNDER
   32  THIS ARTICLE OR PURSUANT TO THE AUTHORITY OF ARTICLE TWENTY-NINE OF THIS
   33  CHAPTER. A ROOM REMARKETER'S RECORDS OF THE  CONSIDERATION  PAYABLE  FOR
   34  ALL  COMPONENTS  OF  A TRANSACTION COVERED BY THIS PARAGRAPH ARE RECORDS
   35  REQUIRED TO BE MAINTAINED FOR PURPOSES OF  SUBDIVISION  (A)  OF  SECTION
   36  ELEVEN HUNDRED THIRTY-FIVE OF THIS ARTICLE.
   37    (2)  IN  REGARD  TO THE COLLECTION OF SALES TAX ON OCCUPANCIES BY ROOM
   38  REMARKETERS, INCLUDING A TRANSACTION DESCRIBED IN PARAGRAPH ONE OF  THIS
   39  SUBDIVISION, THE REQUIREMENTS OF THE SECOND SENTENCE OF PARAGRAPH ONE OF
   40  SUBDIVISION  (A)  OF  SECTION  ELEVEN HUNDRED THIRTY-TWO OF THIS ARTICLE
   41  SHALL BE DEEMED SATISFIED IF THE REMARKETER GIVES THE CUSTOMER  A  SALES
   42  SLIP,  INVOICE,  RECEIPT,  OR  OTHER  STATEMENT OF THE PRICE ("INVOICE")
   43  PRIOR TO THE CUSTOMER'S COMPLETION OF HIS OR HER OCCUPANCY, ON WHICH THE
   44  AMOUNT OF TAX DUE UNDER THIS ARTICLE AND PURSUANT TO  THE  AUTHORITY  OF
   45  ARTICLE  TWENTY-NINE OF THIS CHAPTER IS STATED. THE ROOM REMARKETER MUST
   46  KEEP EITHER A COPY OF THE INVOICE AS  REQUIRED  BY  SUBDIVISION  (A)  OF
   47  SECTION  ELEVEN  HUNDRED  THIRTY-FIVE  OF  THIS  ARTICLE,  OR ELECTRONIC
   48  RECORDS THAT ACCURATELY REFLECT THE INFORMATION THAT IS ON  THE  INVOICE
   49  PROVIDED TO THE CUSTOMER.
   50    (3)  IN REGARD TO THE REPORTING AND THE PAYMENT TO THE COMMISSIONER BY
   51  ROOM REMARKETERS OF SALES TAX DUE ON  OCCUPANCIES,  SUBDIVISION  (A)  OF
   52  SECTION  ELEVEN  HUNDRED  THIRTY-SEVEN  OF THIS ARTICLE SHALL BE READ TO
   53  REQUIRE A ROOM REMARKETER TO REPORT SUCH SALES  TAX  DUE,  INCLUDING  IN
   54  REGARD  TO A TRANSACTION DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION,
   55  ON THE RETURN DUE FOR THE FILING PERIOD IN WHICH THE OCCUPANCY ENDS AND,
       S. 6259--D                         24                         A. 9059--D

    1  AT THE TIME OF FILING SUCH RETURN, TO PAY TO THE COMMISSIONER THE  TOTAL
    2  AMOUNT DESCRIBED BY SUCH SUBDIVISION (A).
    3    S  3.  Subdivision  (e)  of  section  1119 of the tax law, as added by
    4  section 5 of part AA of chapter 57 of the laws of 2010,  is  amended  to
    5  read as follows:
    6    (e)  Subject  to  conditions and limitations provided in this subdivi-
    7  sion, a room remarketer shall be allowed a refund or credit against  the
    8  amount of tax collected and required to be remitted under section eleven
    9  hundred thirty-seven of this article in the amount of the tax it paid to
   10  an  operator  of a hotel under section eleven hundred four of this arti-
   11  cle, where applicable, and subdivision (e)  of  section  eleven  hundred
   12  five of this article. Provided, however, that, in order to qualify for a
   13  refund  or  credit  under  this  subdivision for any sales tax quarterly
   14  period, the room remarketer must, for that quarter,  (1)  be  registered
   15  for  sales tax purposes under section eleven hundred thirty-four of this
   16  article; (2) collect the taxes imposed by section eleven hundred four of
   17  this article, where applicable, and subdivision (e)  of  section  eleven
   18  hundred five of this article; and (3) furnish the certificate of author-
   19  ity  number  of  the  operator to whom the applicant paid the tax in its
   20  application for refund or credit  if  required  on  that  form  or  upon
   21  request.    PROVIDED THAT IF THE ROOM REMARKETER REQUESTS THE OPERATOR'S
   22  CERTIFICATE OF AUTHORITY NUMBER AND IS NOT PROVIDED  WITH  THAT  NUMBER,
   23  THE ROOM REMARKETER MAY SATISFY THIS REQUIREMENT BY PROVIDING THE OPERA-
   24  TOR'S  NAME,  BUSINESS ADDRESS, TELEPHONE NUMBER, AND THE ADDRESS OF THE
   25  HOTEL WHERE THE OCCUPANCY TOOK PLACE. An application for refund or cred-
   26  it under this subdivision must be filed with the commissioner within the
   27  time provided by subdivision (a) of section eleven  hundred  thirty-nine
   28  of  this  article. The application must be in the form prescribed by the
   29  commissioner. Where an application for credit has been filed, the appli-
   30  cant may immediately take the credit on the return that is  due  coinci-
   31  dent with or immediately subsequent to the time that the applicant files
   32  the  application  for  credit.  However, the taking of the credit on the
   33  return is deemed to be part of the application for credit. The procedure
   34  for granting or denying the applications for refund or credit and review
   35  of those determinations shall be  as  provided  in  subdivision  (e)  of
   36  section eleven hundred thirty-nine of this article. An operator, includ-
   37  ing  a  room  remarketer, who is paid tax by a room remarketer must upon
   38  request provide the remarketer with its certificate of authority number,
   39  provided that the operator's failure  to  do  so  does  not  change  the
   40  requirement set forth in paragraph three of this subdivision.
   41    S  4.  Paragraph 4 of subdivision a of section 11-2502 of the adminis-
   42  trative code of the city of New York, as amended by section 8 of part AA
   43  of chapter 57 of the laws of 2010, is amended to read as follows:
   44    (4) (I) When occupancy is provided, for a single  consideration,  with
   45  property,  services, amusement charges, or any other items, the separate
   46  sale of which is not subject to  tax  under  this  chapter,  the  entire
   47  consideration  shall  be  treated as rent subject to tax under paragraph
   48  one of this subdivision; provided, however, that where the amount of the
   49  rent for occupancy is stated separately from the price of such property,
   50  services, amusement charges or other items on any sales  slip,  invoice,
   51  receipt,  or other statement given the occupant and such rent is reason-
   52  able in relation to the value  of  such  property,  services,  amusement
   53  charges,  or  other  items,  only  such  separately  stated rent will be
   54  subject to tax under [paragraph one of] this subdivision.
   55    (II) IN REGARD TO THE COLLECTION OF TAX ON OCCUPANCIES BY REMARKETERS,
   56  WHEN OCCUPANCY IS PROVIDED, FOR A SINGLE CONSIDERATION,  WITH  PROPERTY,
       S. 6259--D                         25                         A. 9059--D

    1  SERVICES,  AMUSEMENT  CHARGES,  OR  ANY OTHER ITEMS, WHETHER OR NOT SUCH
    2  OTHER ITEMS ARE TAXABLE, THE RENT PORTION OF THE CONSIDERATION FOR  SUCH
    3  SALE  SHALL BE COMPUTED AS FOLLOWS: THE TOTAL CONSIDERATION FOR THE SALE
    4  MULTIPLIED  BY A FRACTION, THE NUMERATOR OF WHICH SHALL BE THE CONSIDER-
    5  ATION PAID TO THE HOTEL FOR THE OCCUPANCY AND THE DENOMINATOR  OF  WHICH
    6  SHALL  BE THE CONSIDERATION PAID TO THE HOTEL FOR THE OCCUPANCY PLUS THE
    7  CONSIDERATION PAID TO THE PROVIDERS OF THE OTHER ITEMS BEING SOLD, OR BY
    8  ANY OTHER REASONABLE METHOD  PURSUANT  TO  WHICH  THE  RENT  PORTION  OF
    9  CONSIDERATION  WOULD  BE NO LESS THAN THE COMPUTATION OF RENT PORTION OF
   10  CONSIDERATION UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.  NOTHING  HEREIN
   11  SHALL  BE  CONSTRUED TO SUBJECT TO TAX OR EXEMPT FROM TAX ANY SERVICE OR
   12  PROPERTY OR AMUSEMENT CHARGE OR OTHER ITEMS OTHERWISE SUBJECT TO TAX  OR
   13  EXEMPT FROM TAX UNDER THIS CHAPTER.
   14    S  5.  Paragraph 5 of subdivision a of section 11-2502 of the adminis-
   15  trative code of the city of New York, as amended by section 8 of part AA
   16  of chapter 57 of the laws of 2010, is amended to read as follows:
   17    (5) A room remarketer shall be allowed a refund or credit against  the
   18  taxes  collected and required to be remitted pursuant to section 11-2505
   19  of this chapter in the amount of the tax it paid to the operator of  the
   20  hotel  or another room remarketer under [paragraph three of] this subdi-
   21  vision. Provided, however, that in order to  qualify  for  a  refund  or
   22  credit  under  this  paragraph  with respect to any quarterly period, as
   23  described in subdivision a of section 11-2504 of this chapter, the  room
   24  remarketer  must,  with  respect  to such quarter, (i) be registered for
   25  hotel room occupancy tax purposes under section 11-2514 of this chapter,
   26  and (ii) collect the taxes imposed by paragraphs two and three  of  this
   27  subdivision.  Subject  to  the  conditions and limitations of this para-
   28  graph, the provisions of section 11-2507 of this chapter shall apply  to
   29  refunds or credits under this paragraph.
   30    S  6.  Subdivision  f of section 11-2502 of the administrative code of
   31  the city of New York, as amended by local law number 43 of the  city  of
   32  New York for the year 2009 and paragraph 2 as renumbered by section 9 of
   33  part  AA  of  chapter  57  of  the  laws  of 2010, is amended to read as
   34  follows:
   35    f. The tax to be collected shall be stated  [and  charged]  separately
   36  from  the  rent [and shown separately on any record thereof, at the time
   37  when the occupancy is arranged or contracted for  and  charged  for  and
   38  upon every evidence of occupancy or any bill or statement or charge made
   39  for said occupancy issued or delivered by the operator or room remarket-
   40  er]  ON  A SALES SLIP, INVOICE, RECEIPT, OR OTHER STATEMENT OF THE PRICE
   41  ("INVOICE") GIVEN TO THE OCCUPANT PRIOR TO THE OCCUPANT'S COMPLETION  OF
   42  HIS  OR HER OCCUPANCY AND BE VERIFIABLE FROM THE BOOKS AND RECORDS OF AN
   43  OPERATOR OR ROOM REMARKETER RESPONSIBLE FOR COLLECTING AND REMITTING THE
   44  TAX.
   45    (1) Where an occupant rents a room directly from an operator, the  tax
   46  shall  be  paid  by  the  occupant to the operator as trustee for and on
   47  account of the city, and the operator shall be liable for the collection
   48  of the tax on the rent and for the payment of the tax on the rent.
   49    (2) The operator or room remarketer and any officer of  any  corporate
   50  operator  or  room remarketer shall be personally liable for the portion
   51  of the tax collected or required to be collected under this chapter, and
   52  the operator shall have the same right in respect to collecting the  tax
   53  from  the  occupant, or in respect to nonpayment of the tax by the occu-
   54  pant as if the tax were a part of the rent for the occupancy payable  at
   55  the  time  such  tax shall become due and owing, including all rights of
   56  eviction, dispossession, repossession and enforcement of any innkeeper's
       S. 6259--D                         26                         A. 9059--D

    1  lien that he or she may have in the event of nonpayment of rent  by  the
    2  occupant;  provided  however,  that the commissioner of finance shall be
    3  joined as a party in any action or proceeding brought by the operator to
    4  collect or enforce collection of the tax.
    5    S  7.  This act shall take effect September 1, 2012 and shall apply to
    6  occupancies that commence on or after such date.

    7                                   PART R

    8    Section 1. Paragraphs 1 and 2 of subsection (m) of section 1452 of the
    9  tax law, as amended by section 4 of part J of chapter 61 of the laws  of
   10  2011, are amended to read as follows:
   11    (1) Notwithstanding anything to the contrary contained in this section
   12  other  than  subsection  (n)  of this section, a corporation that was in
   13  existence before January first, two thousand  [eleven]  TWELVE  and  was
   14  subject to tax under article nine-A of this chapter for its last taxable
   15  year beginning before January first, two thousand [eleven] TWELVE, shall
   16  continue  to  be taxable under such article for all taxable years begin-
   17  ning on or after January first, two thousand [eleven] TWELVE and  before
   18  January  first, two thousand [thirteen] FIFTEEN.  The preceding sentence
   19  shall not apply to any taxable year during which such corporation  is  a
   20  banking  corporation  described  in  paragraphs  one  through  eight  of
   21  subsection (a) of this section.  Notwithstanding anything to the contra-
   22  ry contained in this section other than subsection (n) of this  section,
   23  a  banking corporation or corporation that was in existence before Janu-
   24  ary first, two thousand [eleven] TWELVE and was  subject  to  tax  under
   25  this  article  for its last taxable year beginning before January first,
   26  two thousand [eleven] TWELVE, shall continue to be  taxable  under  this
   27  article  for  all taxable years beginning on or after January first, two
   28  thousand [eleven] TWELVE and before January first, two  thousand  [thir-
   29  teen  or  in  which] FIFTEEN ONLY IF THE CORPORATION IS A BANKING CORPO-
   30  RATION AS DEFINED IN SUBSECTION (A) OF THIS SECTION OR  the  corporation
   31  satisfies  the  requirements  for  a  corporation to elect to be taxable
   32  under this article. Provided further, that nothing  in  this  subsection
   33  shall  prohibit a corporation that elected pursuant to subsection (d) of
   34  this section to be taxable under article nine-A  of  this  chapter  from
   35  revoking that election in accordance with such subsection (d).
   36    For  purposes  of this paragraph, a corporation shall be considered to
   37  be subject to tax under article nine-A of this  chapter  for  a  taxable
   38  year if such corporation was not a taxpayer but was properly included in
   39  a  combined  report filed pursuant to section two hundred eleven of this
   40  chapter for such taxable year and a corporation shall be  considered  to
   41  be  subject  to tax under this article for a taxable year if such corpo-
   42  ration was not a taxpayer but was properly included in a combined return
   43  filed pursuant to subsection (f) or  (g)  of  section  fourteen  hundred
   44  sixty-two  of this article for such taxable year. A corporation that was
   45  in existence before January first,  two  thousand  [eleven]  TWELVE  but
   46  first becomes a taxpayer in a taxable year beginning on or after January
   47  first,  two thousand [eleven] TWELVE and before January first, two thou-
   48  sand [thirteen] FIFTEEN, shall be considered for purposes of this  para-
   49  graph  to  have been subject to tax under article nine-A of this chapter
   50  for its last taxable year beginning before January first,  two  thousand
   51  [eleven] TWELVE if such corporation would have been subject to tax under
   52  such article for such taxable year if it had been a taxpayer during such
   53  taxable  year. A corporation that was in existence before January first,
   54  two thousand [eleven] TWELVE but first becomes a taxpayer in  a  taxable
       S. 6259--D                         27                         A. 9059--D

    1  year  beginning  on or after January first, two thousand [eleven] TWELVE
    2  and before January first, two  thousand  [thirteen]  FIFTEEN,  shall  be
    3  considered  for  purposes  of this paragraph to have been subject to tax
    4  under  this  article  for its last taxable year beginning before January
    5  first, two thousand [eleven] TWELVE if such corporation would have  been
    6  subject to tax under this article for such taxable year if it had been a
    7  taxpayer during such taxable year.
    8    (2) Notwithstanding anything to the contrary contained in this section
    9  other  than  subsection  (n) of this section, a corporation formed on or
   10  after January first, two thousand [eleven]  TWELVE  and  before  January
   11  first,  two  thousand  [thirteen] FIFTEEN may elect to be subject to tax
   12  under this article or under article nine-A of this chapter for its first
   13  taxable year beginning on or after January first, two thousand  [eleven]
   14  TWELVE  and  before  January  first,  two thousand [thirteen] FIFTEEN in
   15  which either (i) sixty-five percent or more of its voting stock is owned
   16  or controlled, directly or indirectly by a  financial  holding  company,
   17  provided the corporation whose voting stock is so owned or controlled is
   18  principally  engaged in activities that are described in section 4(k)(4)
   19  or 4(k)(5) of the federal bank holding company act of  nineteen  hundred
   20  fifty-six,  as  amended  and the regulations promulgated pursuant to the
   21  authority of such section, or (ii) it  is  a  financial  subsidiary.  An
   22  election under this paragraph may not be made by a corporation described
   23  in  paragraphs one through eight of subsection (a) of this section or in
   24  subsection (e) of this section. In  addition,  an  election  under  this
   25  paragraph may not be made by a corporation that is a party to a reorgan-
   26  ization,  as  defined  in  subsection (a) of section 368 of the internal
   27  revenue code of 1986, as amended, of a corporation  described  in  para-
   28  graph  one  of  this  subsection  if  both  corporations were sixty-five
   29  percent or more owned or controlled, directly or indirectly, by the same
   30  interests at the time of the reorganization.
   31    An election under this paragraph must be made by the  taxpayer  on  or
   32  before  the  due  date  for filing its return (determined with regard to
   33  extensions of time for filing) for  the  applicable  taxable  year.  The
   34  election  to be taxed under article nine-A of this chapter shall be made
   35  by the taxpayer by filing the report required pursuant  to  section  two
   36  hundred  eleven  of this chapter and the election to be taxed under this
   37  article shall be made by the taxpayer  by  filing  the  return  required
   38  pursuant  to  section  fourteen  hundred  sixty-two of this article. Any
   39  election made pursuant to this paragraph shall be irrevocable and  shall
   40  apply  to  each  subsequent  taxable  year beginning on or after January
   41  first, two thousand [eleven] TWELVE and before January first, two  thou-
   42  sand  [thirteen]  FIFTEEN,  provided that the stock ownership and activ-
   43  ities requirements described in subparagraph (i) of this  paragraph  are
   44  met or such corporation described in subparagraph (ii) of this paragraph
   45  continues as a financial subsidiary.
   46    S  2.  Subparagraph  (iv)  of paragraph 2 of subsection (f) of section
   47  1462 of the tax law, as amended by section 6 of part J of chapter 61  of
   48  the laws of 2011, is amended to read as follows:
   49    (iv)  (A)  Notwithstanding  any  provision of this paragraph, any bank
   50  holding company exercising its corporate franchise or doing business  in
   51  the  state  may  make  a  return on a combined basis without seeking the
   52  permission of the commissioner with any banking  corporation  exercising
   53  its corporate franchise or doing business in the state in a corporate or
   54  organized  capacity  sixty-five percent or more of whose voting stock is
   55  owned or controlled, directly or indirectly, by such bank holding compa-
   56  ny, for the first taxable year beginning on or after January first,  two
       S. 6259--D                         28                         A. 9059--D

    1  thousand  and  before  January  first,  two  thousand [thirteen] FIFTEEN
    2  during which such bank holding company  registers  for  the  first  time
    3  under  the federal bank holding company act, as amended, and also elects
    4  to  be  a  financial  holding  company. In addition, for each subsequent
    5  taxable year beginning after January  first,  two  thousand  and  before
    6  January  first,  two  thousand [thirteen] FIFTEEN, any such bank holding
    7  company may file on a combined basis without seeking the  permission  of
    8  the  commissioner  with  any  banking corporation that is exercising its
    9  corporate franchise or  doing  business  in  the  state  and  sixty-five
   10  percent  or  more of whose voting stock is owned or controlled, directly
   11  or indirectly, by such bank  holding  company  if  either  such  banking
   12  corporation  is  exercising its corporate franchise or doing business in
   13  the state in a corporate or organized capacity for the first time during
   14  such subsequent taxable year, or  sixty-five  percent  or  more  of  the
   15  voting stock of such banking corporation is owned or controlled, direct-
   16  ly or indirectly, by such bank holding company for the first time during
   17  such  subsequent  taxable  year.   Provided however, for each subsequent
   18  taxable year beginning after January  first,  two  thousand  and  before
   19  January  first,  two  thousand [thirteen] FIFTEEN, a banking corporation
   20  described in either of the two preceding  sentences  which  filed  on  a
   21  combined  basis with any such bank holding company in a previous taxable
   22  year, must continue to file on a combined basis with such  bank  holding
   23  company  if  such  banking  corporation,  during such subsequent taxable
   24  year, continues to exercise its corporate franchise or  do  business  in
   25  the state in a corporate or organized capacity and sixty-five percent or
   26  more of such banking corporation's voting stock continues to be owned or
   27  controlled, directly or indirectly, by such bank holding company, unless
   28  the  permission of the commissioner has been obtained to file on a sepa-
   29  rate basis for such subsequent taxable year. Provided further,  however,
   30  for  each  subsequent  taxable  year  beginning after January first, two
   31  thousand and before January first, two thousand  [thirteen]  FIFTEEN,  a
   32  banking  corporation  described  in either of the first two sentences of
   33  this clause which did not file on a combined basis with  any  such  bank
   34  holding  company  in a previous taxable year, may not file on a combined
   35  basis with such bank holding company during any such subsequent  taxable
   36  year unless the permission of the commissioner has been obtained to file
   37  on a combined basis for such subsequent taxable year.
   38    (B)  Notwithstanding any provision of this paragraph other than clause
   39  (A) of this subparagraph, the commissioner may not require a bank  hold-
   40  ing  company  which, during a taxable year beginning on or after January
   41  first, two thousand and before January first,  two  thousand  [thirteen]
   42  FIFTEEN, registers for the first time during such taxable year under the
   43  federal  bank  holding  company act, as amended, and also elects to be a
   44  financial holding company, to make a return on a combined basis for  any
   45  taxable  year  beginning  on  or  after  January first, two thousand and
   46  before January first, two thousand [thirteen]  FIFTEEN  with  a  banking
   47  corporation sixty-five percent or more of whose voting stock is owned or
   48  controlled, directly or indirectly, by such bank holding company.
   49    S  3.  Paragraphs  1 and 2 of subdivision (l) of section 11-640 of the
   50  administrative code of the city of New York, as amended by section 5  of
   51  part  J  of  chapter  61  of  the  laws  of 2011, are amended to read as
   52  follows:
   53    (1) Notwithstanding anything to the contrary contained in this section
   54  other than subdivision (m) of this section, a corporation  that  was  in
   55  existence  before  January  first,  two thousand [eleven] TWELVE and was
   56  subject to tax under subchapter two of this chapter for its last taxable
       S. 6259--D                         29                         A. 9059--D

    1  year beginning before January first, two thousand [eleven] TWELVE, shall
    2  continue to be taxable under  such  subchapter  for  all  taxable  years
    3  beginning  on  or  after January first, two thousand [eleven] TWELVE and
    4  before  January  first,  two thousand [thirteen] FIFTEEN.  The preceding
    5  sentence shall not apply to any taxable year during  which  such  corpo-
    6  ration  is  a  banking  corporation  described in paragraphs one through
    7  eight of subdivision (a) of this section.   Notwithstanding anything  to
    8  the  contrary  contained  in  this section other than subdivision (m) of
    9  this section, a banking corporation or corporation that was in existence
   10  before January first, two thousand [eleven] TWELVE and  was  subject  to
   11  tax  under  this  subchapter  for its last taxable year beginning before
   12  January first, two thousand [eleven] TWELVE, shall continue to be  taxa-
   13  ble  under  this  subchapter for all taxable years beginning on or after
   14  January first, two thousand [eleven] TWELVE and  before  January  first,
   15  two thousand [thirteen or in which] FIFTEEN ONLY IF THE CORPORATION IS A
   16  BANKING CORPORATION AS DEFINED IN SUBDIVISION (A) OF THIS SECTION OR the
   17  corporation  satisfies the requirements for a corporation to elect to be
   18  taxable under this subchapter. Provided further, that  nothing  in  this
   19  subdivision shall prohibit a corporation that elected pursuant to subdi-
   20  vision  (d)  of  this section to be taxable under subchapter two of this
   21  chapter from revoking that election in accordance with  subdivision  (d)
   22  of  this section. For purposes of this paragraph, a corporation shall be
   23  considered to be subject to tax under subchapter two of this chapter for
   24  a taxable year if such corporation was not a taxpayer but  was  properly
   25  included  in  a  combined  report  filed pursuant to subdivision four of
   26  section 11-605 of this chapter for such taxable year and  a  corporation
   27  shall  be  considered  to  be subject to tax under this subchapter for a
   28  taxable year if such corporation was not a  taxpayer  but  was  properly
   29  included  in  a combined report filed pursuant to subdivision (f) or (g)
   30  of section 11-646 of this part for such taxable year. A corporation that
   31  was in existence before January first, two thousand [eleven] TWELVE  but
   32  first becomes a taxpayer in a taxable year beginning on or after January
   33  first,  two thousand [eleven] TWELVE and before January first, two thou-
   34  sand [thirteen] FIFTEEN, shall be considered for purposes of this  para-
   35  graph  to  have been subject to tax under subchapter two of this chapter
   36  for its last taxable year beginning before January first,  two  thousand
   37  [eleven] TWELVE if such corporation would have been subject to tax under
   38  such  subchapter  for such taxable year if it had been a taxpayer during
   39  such taxable year. A corporation that was in  existence  before  January
   40  first,  two  thousand  [eleven] TWELVE but first becomes a taxpayer in a
   41  taxable year beginning on or after January first, two thousand  [eleven]
   42  TWELVE  and before January first, two thousand [thirteen] FIFTEEN, shall
   43  be considered for purposes of this paragraph to have been subject to tax
   44  under this subchapter for its last taxable year beginning before January
   45  first, two thousand [eleven] TWELVE if such corporation would have  been
   46  subject  to  tax  under  this subchapter for such taxable year if it had
   47  been a taxpayer during such taxable year.
   48    (2) Notwithstanding anything to the contrary contained in this section
   49  other than subdivision (m) of this section, a corporation formed  on  or
   50  after  January  first,  two  thousand [eleven] TWELVE and before January
   51  first, two thousand [thirteen] FIFTEEN may elect to be  subject  to  tax
   52  under  this  subchapter  or under subchapter two of this chapter for its
   53  first taxable year beginning on or after  January  first,  two  thousand
   54  [eleven]  TWELVE  and  before  January  first,  two  thousand [thirteen]
   55  FIFTEEN in which either (i) sixty-five percent or  more  of  its  voting
   56  stock  is  owned  or  controlled,  directly or indirectly by a financial
       S. 6259--D                         30                         A. 9059--D

    1  holding company, provided the corporation whose voting stock is so owned
    2  or controlled is principally engaged in activities that are described in
    3  section 4(k)(4) or 4(k)(5) of the federal bank holding  company  act  of
    4  nineteen  hundred  fifty-six, as amended and the regulations promulgated
    5  pursuant to the authority of such section or  (ii)  it  is  a  financial
    6  subsidiary. An election under this paragraph may not be made by a corpo-
    7  ration  described  in paragraphs one through eight of subdivision (a) of
    8  this section or in subdivision (e) of  this  section.  In  addition,  an
    9  election under this paragraph may not be made by a corporation that is a
   10  party  to  a reorganization, as defined in subsection (a) of section 368
   11  of the internal revenue code of  1986,  as  amended,  of  a  corporation
   12  described in paragraph one of this subdivision if both corporations were
   13  sixty-five  percent  or more owned or controlled, directly or indirectly
   14  by the same interests at the time of the reorganization.
   15    An election under this paragraph must be made by the  taxpayer  on  or
   16  before  the  due  date  for filing its return (determined with regard to
   17  extensions of time for filing) for  the  applicable  taxable  year.  The
   18  election  to be taxed under subchapter two of this chapter shall be made
   19  by the taxpayer by filing the return required  pursuant  to  subdivision
   20  one of section 11-605 of this chapter and the election to be taxed under
   21  this  subchapter  shall  be  made  by  the taxpayer by filing the return
   22  required pursuant to subdivision (a) of section 11-646 of this part. Any
   23  election made pursuant to this paragraph shall be irrevocable and  shall
   24  apply  to  each  subsequent  taxable  year beginning on or after January
   25  first, two thousand [eleven] TWELVE and before January first, two  thou-
   26  sand  [thirteen]  FIFTEEN,  provided that the stock ownership and activ-
   27  ities requirements described in subparagraph (i) of this  paragraph  are
   28  met or such corporation described in subparagraph (ii) of this paragraph
   29  continues as a financial subsidiary.
   30    S  4.   Subparagraph (iv) of paragraph 2 of subdivision (f) of section
   31  11-646 of the administrative code of the city of New York, as amended by
   32  section 7 of part J of chapter 61 of the laws of  2011,  is  amended  to
   33  read as follows:
   34    (iv)  (A)  Notwithstanding  any  provision of this paragraph, any bank
   35  holding company exercising its corporate franchise or doing business  in
   36  the  city  may  make  a  return  on a combined basis without seeking the
   37  permission of the commissioner with any banking  corporation  exercising
   38  its  corporate franchise or doing business in the city in a corporate or
   39  organized capacity sixty-five percent or more of whose voting  stock  is
   40  owned or controlled, directly or indirectly, by such bank holding compa-
   41  ny,  for the first taxable year beginning on or after January first, two
   42  thousand and before  January  first,  two  thousand  [thirteen]  FIFTEEN
   43  during  which  such  bank  holding  company registers for the first time
   44  under the federal bank holding company act, as amended, and also  elects
   45  to  be  a  financial  holding  company. In addition, for each subsequent
   46  taxable year beginning after January  first,  two  thousand  and  before
   47  January  first,  two  thousand [thirteen] FIFTEEN, any such bank holding
   48  company may file on a combined basis without seeking the  permission  of
   49  the  commissioner  with  any  banking corporation that is exercising its
   50  corporate franchise or doing business in the city and sixty-five percent
   51  or more of whose voting stock is owned or controlled, directly or  indi-
   52  rectly,  by such bank holding company if either such banking corporation
   53  is exercising its corporate franchise or doing business in the city in a
   54  corporate or organized capacity for the first time  during  such  subse-
   55  quent taxable year, or sixty-five percent or more of the voting stock of
   56  such banking corporation is owned or controlled, directly or indirectly,
       S. 6259--D                         31                         A. 9059--D

    1  by  such  bank holding company for the first time during such subsequent
    2  taxable year.  Provided however, for each subsequent taxable year begin-
    3  ning after January first, two thousand and  before  January  first,  two
    4  thousand  [thirteen]  FIFTEEN, a banking corporation described in either
    5  of the two preceding sentences which filed on a combined basis with  any
    6  such  bank  holding company in a previous taxable year, must continue to
    7  file on a combined basis with such bank holding company if such  banking
    8  corporation,  during such subsequent taxable year, continues to exercise
    9  its corporate franchise or do business in the city  in  a  corporate  or
   10  organized capacity and sixty-five percent or more of such banking corpo-
   11  ration's  voting  stock continues to be owned or controlled, directly or
   12  indirectly, by such bank holding company, unless the permission  of  the
   13  commissioner  has  been  obtained  to  file on a separate basis for such
   14  subsequent taxable year. Provided further, however, for each  subsequent
   15  taxable  year  beginning  after  January  first, two thousand and before
   16  January first, two thousand [thirteen] FIFTEEN,  a  banking  corporation
   17  described  in either of the first two sentences of this clause which did
   18  not file on a combined basis with any such bank  holding  company  in  a
   19  previous  taxable  year, may not file on a combined basis with such bank
   20  holding company during any  such  subsequent  taxable  year  unless  the
   21  permission  of  the commissioner has been obtained to file on a combined
   22  basis for such subsequent taxable year.
   23    (B) Notwithstanding any provision of this paragraph other than  clause
   24  (A)  of this subparagraph, the commissioner may not require a bank hold-
   25  ing company which, during a taxable year beginning on or  after  January
   26  first,  two  thousand  and before January first, two thousand [thirteen]
   27  FIFTEEN, registers for the first time during such taxable year under the
   28  federal bank holding company act, as amended, and also elects  to  be  a
   29  financial  holding company, to make a return on a combined basis for any
   30  taxable year beginning on or  after  January  first,  two  thousand  and
   31  before  January  first,  two  thousand [thirteen] FIFTEEN with a banking
   32  corporation sixty-five percent or more of whose voting stock is owned or
   33  controlled, directly or indirectly, by such bank holding company.
   34    S 5. This act shall take effect immediately.

   35                                   PART S

   36    Section 1. Subparagraph (A) of paragraph 1 of subdivision a of section
   37  1612 of the tax law, as amended by chapter 147 of the laws of  2010,  is
   38  amended to read as follows:
   39    (A) such game shall be available only on premises occupied by licensed
   40  lottery sales agents, subject to the following provisions:
   41    (i)  [if the licensee holds a license issued pursuant to the alcoholic
   42  beverage control law to sell alcoholic beverages for consumption on  the
   43  premises, then not less than twenty-five percent of the gross sales must
   44  result from sales of food;
   45    (ii)]  if  the licensee does not hold a license issued pursuant to the
   46  alcoholic beverage control law to sell alcoholic beverages for  consump-
   47  tion  on  the  premises,  then  the  premises must have a minimum square
   48  footage greater than two thousand five hundred square feet;
   49    [(iii)] (II)  notwithstanding  the  foregoing  provisions,  television
   50  equipment  that  automatically displays the results of such drawings may
   51  be installed and used without regard to [the percentage  of  food  sales
   52  or] the square footage if such premises are used as:
   53    (I) a commercial bowling establishment, or
       S. 6259--D                         32                         A. 9059--D

    1    (II)  a facility authorized under the racing, pari-mutuel wagering and
    2  breeding law to accept pari-mutuel wagers;
    3    S  2.  Section  1615  of the tax law, as amended by chapter 170 of the
    4  laws of 1994 and subdivision d as added by chapter  2  of  the  laws  of
    5  1995, is amended to read as follows:
    6    S  1615.  Fiscal  year  of  lottery, reporting requirements and fiscal
    7  planning. a. All books, accounts and records of the  division,  relating
    8  to  the  state  lottery,  shall be kept by fiscal years beginning on the
    9  first day of April and ending on the  thirty-first  day  of  March  next
   10  following.  The  division  shall  separately  identify  the actual sales
   11  receipts, prizes, appropriations and expenditures  for  advertising  and
   12  promotions,  reserves  and the interest thereon by type by game, and the
   13  source and use of unclaimed prize funds by type by game  on  an  accrual
   14  and  cash basis where both are available and on an accrual or cash basis
   15  where both are not available.
   16    b. The director shall submit to the director of the budget, the chair-
   17  person of the senate finance committee and the chairperson of the assem-
   18  bly ways and means committee, an annual plan detailing the projected use
   19  of appropriations for  advertising  and  promotions,  reserves  and  the
   20  interest  thereon  by  type by game, and the source and use of unclaimed
   21  prize funds by type by game. Such plan shall be submitted not later than
   22  submission of the executive budget to  the  legislature  each  year  and
   23  shall  be updated quarterly on or before May fifteenth, August fifteenth
   24  and November fifteenth of any given calendar year. Such  plan  shall  be
   25  considered  the  financial  plan  to  be followed by the division in the
   26  subsequent fiscal year unless modified during legislative  deliberations
   27  on the state budget. Such plan or update thereto shall include any plans
   28  for  the  introduction of a new game prior to its introduction and shall
   29  be subject to subdivision a of section sixteen hundred fourteen of  this
   30  article.
   31    c. Such plan and any update thereto shall describe the specific amount
   32  of  funds  to  be  used to implement each element of the plan by type by
   33  game on an accrual and cash basis where both are  available  and  on  an
   34  accrual  or  cash basis where both are not available. They shall include
   35  the intended duration of such use, the revenues expected to be generated
   36  by such use, the actual sales, prize awards, appropriations and expendi-
   37  tures for advertising and promotions, reserves and the interest thereon,
   38  and the source and use of unclaimed prize funds by  type  by  game,  and
   39  such  other information as the director deems appropriate. Such plan and
   40  any update thereto shall also describe an  evaluation  of  the  previous
   41  quarterly  and  fiscal  year-to-date  losses  or gains therefrom.   Such
   42  updates shall report estimated year-end balances pursuant  to  the  plan
   43  and adjusted estimated year-end balances based on updates to the plan by
   44  type by game.
   45    d.  Such  plan and any update thereto shall include information on the
   46  implementation and ongoing  operation  of  a  lottery  game  established
   47  pursuant  to  paragraph  one of subdivision a of section sixteen hundred
   48  twelve of this article. Such  information  shall  include,  but  not  be
   49  limited  to,  a  statewide  and a county by county breakdown of premises
   50  with television equipment that automatically  displays  the  results  of
   51  such game including:
   52    (1) the total number of such premises;
   53    (2) the total sales of such premises;
   54    (3) the average sales per hour of operation of such game;
       S. 6259--D                         33                         A. 9059--D

    1    (4)  the average and median square footage of such premises as defined
    2  by item [(ii)] (I) of subparagraph [(B)] (A) of paragraph one of  subdi-
    3  vision a of section sixteen hundred twelve of this article;
    4    (5)  the  total  number  of  such  premises and total sales by type as
    5  defined by item (i)[,] OR (ii) [or (iii)] of subparagraph [(B)]  (A)  of
    6  paragraph one of subdivision a of section sixteen hundred twelve of this
    7  article.
    8    In  addition,  the  nineteen  hundred ninety-eight--ninety-nine annual
    9  plan shall include an evaluation, done in conjunction with  the  commis-
   10  sioner  of  mental  health, of the impact of a lottery game, established
   11  pursuant to paragraph one of subdivision a of  section  sixteen  hundred
   12  twelve of this article, on compulsive gambling.
   13    S 3. This act shall take effect immediately.

   14                                   PART T

   15    Section  1. Subdivision (d) of section 25-a of the labor law, as added
   16  by section 1 of part D of chapter 56 of the laws of 2011, is amended  to
   17  read as follows:
   18    (d)  To participate in the New York youth works tax credit program, an
   19  employer must submit an application (in a form prescribed by the commis-
   20  sioner) to the commissioner after January first, two thousand twelve but
   21  no later than [June first] NOVEMBER THIRTIETH, two thousand twelve.  The
   22  qualified  employees  must  start  their  employment on or after January
   23  first, two thousand twelve but no later than [July first] DECEMBER THIR-
   24  TY-FIRST, two thousand twelve. The commissioner shall  establish  guide-
   25  lines  and  criteria  that specify requirements for employers to partic-
   26  ipate  in  the  program  including  criteria  for  certifying  qualified
   27  employees.  Any  regulations that the commissioner determines are neces-
   28  sary may be adopted on an emergency basis  notwithstanding  anything  to
   29  the  contrary  in  section  two  hundred two of the state administrative
   30  procedure act. Such requirements may include  the  types  of  industries
   31  that  the employers are engaged in. The commissioner may give preference
   32  to employers that are engaged in demand occupations or industries, or in
   33  regional growth sectors, including  those  identified  by  the  regional
   34  economic   development  councils,  such  as  clean  energy,  healthcare,
   35  advanced manufacturing and conservation. In addition,  the  commissioner
   36  shall  give  preference  to employers who offer advancement and employee
   37  benefit packages to the qualified individuals.
   38    S 2. Paragraph (a) of subdivision 44 of section 210 of the tax law, as
   39  added by section 2 of part D of chapter 56  of  the  laws  of  2011,  is
   40  amended to read as follows:
   41    (a) A taxpayer that has been certified by the commissioner of labor as
   42  a  qualified employer pursuant to section twenty-five-a of the labor law
   43  shall be allowed a credit against the tax imposed by this article  equal
   44  to  (i)  five  hundred  dollars  per month for up to six months for each
   45  qualified employee the employer  employs  in  a  full-time  job  or  two
   46  hundred  fifty dollars per month for up to six months for each qualified
   47  employee the employer employs in a part-time  job  of  at  least  twenty
   48  hours per week, and (ii) one thousand dollars for each qualified employ-
   49  ee  who  is employed for at least an additional six months by the quali-
   50  fied employer in a full-time job or five hundred dollars for each quali-
   51  fied employee who is employed for at least an additional six  months  by
   52  the  qualified  employer in a part-time job of at least twenty hours per
   53  week. For purposes of this subdivision, the  term  "qualified  employee"
   54  shall  have  the same meaning as set forth in subdivision (b) of section
       S. 6259--D                         34                         A. 9059--D

    1  twenty-five-a of the labor law. The portion of the credit  described  in
    2  subparagraph (i) of this paragraph shall be allowed for the taxable year
    3  [beginning  on  or  after  January first, two thousand twelve and before
    4  January first, two thousand thirteen] IN WHICH THE WAGES ARE PAID TO THE
    5  QUALIFIED  EMPLOYEE, and the portion of the credit described in subpara-
    6  graph (ii) of this paragraph shall be allowed [for taxable years  begin-
    7  ning  on  or after January first, two thousand twelve and before January
    8  first, two thousand fourteen] IN THE TAXABLE YEAR  IN  WHICH  THE  ADDI-
    9  TIONAL SIX MONTH PERIOD ENDS.
   10    S  3. Paragraph 1 of subsection (tt) of section 606 of the tax law, as
   11  added by section 3 of part D of chapter 56  of  the  laws  of  2011,  is
   12  amended to read as follows:
   13    (1) A taxpayer that has been certified by the commissioner of labor as
   14  a  qualified employer pursuant to section twenty-five-a of the labor law
   15  shall be allowed a credit against the tax imposed by this article  equal
   16  to  (A)  five  hundred  dollars  per month for up to six months for each
   17  qualified employee the employer  employs  in  a  full-time  job  or  two
   18  hundred  fifty dollars per month for up to six months for each qualified
   19  employee the employer employs in a part-time  job  of  at  least  twenty
   20  hours per week, and (B) one thousand dollars for each qualified employee
   21  who  is  employed for at least an additional six months by the qualified
   22  employer in a full-time job or five hundred dollars for  each  qualified
   23  employee  who  is  employed for at least an additional six months by the
   24  qualified employer in a part-time job of at least twenty hours per week.
   25  A taxpayer that is a partner in  a  partnership,  member  of  a  limited
   26  liability  company  or  shareholder  in  an  S corporation that has been
   27  certified by the commissioner of labor as a qualified employer  pursuant
   28  to  section twenty-five-a of the labor law shall be allowed its pro rata
   29  share of the credit earned by the partnership, limited liability company
   30  or S corporation. For purposes of this subsection, the  term  "qualified
   31  employee" shall have the same meaning as set forth in subdivision (b) of
   32  section  twenty-five-a  of  the  labor  law.  The  portion of the credit
   33  described in subparagraph (A) of this paragraph shall be allowed for the
   34  taxable year [beginning on or after January first, two  thousand  twelve
   35  and  before January first, two thousand thirteen] IN WHICH THE WAGES ARE
   36  PAID TO THE QUALIFIED EMPLOYEE, and the portion of the credit  described
   37  in  subparagraph  (B)  of  this  paragraph shall be allowed [for taxable
   38  years beginning on or after  January  first,  two  thousand  twelve  and
   39  before  January  first,  two  thousand  fourteen] IN THE TAXABLE YEAR IN
   40  WHICH THE ADDITIONAL SIX MONTH PERIOD ENDS.
   41    S 4. This act shall take effect immediately.

   42                                   PART U

   43    Section 1. The state comptroller is hereby authorized and directed  to
   44  loan  money in accordance with the provisions set forth in subdivision 5
   45  of section 4 of the state finance law  to  the  following  funds  and/or
   46  accounts:
   47    1. Tuition reimbursement fund (050):
   48    a. Tuition reimbursement account (01).
   49    b. Proprietary vocational school supervision account (02).
   50    2. Local government records management improvement fund (052):
   51    a. Local government records management account (01).
   52    3. Dedicated highway and bridge trust fund (072):
   53    a. Highway and bridge capital account (01).
   54    b. State university residence hall rehabilitation fund (074).
       S. 6259--D                         35                         A. 9059--D

    1    4. State parks infrastructure trust fund (076):
    2    a. State parks infrastructure account (01).
    3    5. Clean water/clean air implementation fund (079).
    4    6. State lottery fund (160):
    5    a. Education - New (03).
    6    b. VLT - Sound basic education fund (06).
    7    7. Medicaid management information system escrow fund (179).
    8    8. Sewage treatment program management and administration fund (300).
    9    9. Environmental conservation special revenue fund (301):
   10    a. Waste cleanup and management account (48).
   11    b. Hazardous bulk storage account (F7).
   12    c. Great lakes restoration initiative account (GL).
   13    d. Low level radioactive waste siting account (K5).
   14    e. Recreation account (K6).
   15    f. Public safety recovery account (PS).
   16    g. Conservationist magazine account (S4).
   17    h. Environmental regulatory account (S5).
   18    i. Natural resource account (S6).
   19    j. Mined land reclamation program account (XB).
   20    k. Federal grants indirect cost recovery account (IC).
   21    10. Environmental protection and oil spill compensation fund (303).
   22    11. Hazardous waste remedial fund (312):
   23    a. Site investigation and construction account (01).
   24    b. Hazardous waste remedial clean up account (06).
   25    12. Mass transportation operating assistance fund (313):
   26    a. Public transportation systems account (01).
   27    b. Metropolitan mass transportation (02).
   28    13. Clean air fund (314):
   29    a. Operating permit program account (01).
   30    b. Mobile source account (02).
   31    14. Centralized services fund (323).
   32    15. State exposition special fund (325).
   33    16. Agency enterprise fund (331):
   34    a. OGS convention center account (55).
   35    17. Agencies internal service fund (334):
   36    a. Archives records management account (02).
   37    b. Federal single audit account (05).
   38    c. Civil service law: sec 11 admin account (09).
   39    d. Civil service EHS occupational health program account (10).
   40    e. Banking services account (12).
   41    f. Cultural resources survey account (14).
   42    g. Neighborhood work project (17).
   43    h. Automation & printing chargeback account (18).
   44    i. OFT NYT account (20).
   45    j. Data center account (23).
   46    k. Human service telecom account (24).
   47    l. Centralized Technology services account (30).
   48    m. OPWDD copy center account (26).
   49    n. Intrusion detection account (27).
   50    o. Domestic violence grant account (28).
   51    p. Learning management system account (ZV).
   52    18. Miscellaneous special revenue fund (339):
   53    a. Statewide planning and research cooperative system account (03).
   54    b. OPWDD provider of service account (05).
   55    c. New York state thruway authority account (08).
   56    d. Mental hygiene patient income account (13).
       S. 6259--D                         36                         A. 9059--D

    1    e. Financial control board account (15).
    2    f. Regulation of racing account (16).
    3    g. New York metropolitan transportation council account (17).
    4    h. Quality of care account (20).
    5    i. Cyber upgrade account (25).
    6    j. Certificate of need account (26).
    7    k. Hospital and nursing home management account (44).
    8    l. State university dormitory income reimbursable account (47).
    9    m. Energy research account (60).
   10    n. Criminal justice improvement account (62).
   11    o. Fingerprint identification and technology account (68).
   12    p. Environmental laboratory reference fee account (81).
   13    q. Clinical laboratory reference system assessment account (90).
   14    r. Public employment relations board account (93).
   15    s. Radiological health protection account (95).
   16    t. Teacher certification account (A4).
   17    u. Banking department account (A5).
   18    v. Cable television account (A6).
   19    w. Indirect cost recovery account (AH).
   20    x. High school equivalency program account (AI).
   21    y. Rail safety inspection account (AQ).
   22    z. Multi-agency training account (AY).
   23    aa. Critical infrastructure account (B3).
   24    bb. Insurance department account (B6).
   25    cc. Bell jar collection account (BJ).
   26    dd. Industry and utility service account (BK).
   27    ee. Real property disposition account (BP).
   28    ff. Parking account (BQ).
   29    gg. Asbestos safety training program account (BW).
   30    hh. Public service account (C3).
   31    ii. Batavia school for the blind account (D9).
   32    jj. Investment services account (DC).
   33    kk. Surplus property account (DE).
   34    ll. Financial oversight account (DI).
   35    mm. Regulation of indian gaming account (DT).
   36    nn. Interest assessment account (DZ).
   37    oo. Office of the professions account (E3).
   38    pp. Rome school for the deaf account (E6).
   39    qq. Seized assets account (E8).
   40    rr. Administrative adjudication account (E9).
   41    ss. Federal salary sharing account (EC).
   42    tt. New York City Assessment Account (EM).
   43    uu. Cultural education account (EN).
   44    vv. Examination and miscellaneous revenue account (ER).
   45    ww. Transportation regulation account (F1).
   46    xx. Local services account (G3).
   47    yy. DHCR mortgage servicing account (H2).
   48    zz. Department of motor vehicles compulsory insurance account (H7).
   49    aaa. Housing indirect cost recovery account (HI).
   50    bbb. DHCR-HCA application fee account (J5).
   51    ccc. Federal gasoline and diesel fuel excise tax account (L6).
   52    ddd. Low income housing monitoring account (NG).
   53    eee. Procurement opportunities newsletter account (P4).
   54    fff. Corporation administration account (P6).
   55    ggg. Montrose veteran's home account (Q6).
   56    hhh. Excelsior capital corporation reimbursement account (R1).
       S. 6259--D                         37                         A. 9059--D

    1    iii. Motor fuel quality account (R4).
    2    jjj. Deferred compensation administration account (R7).
    3    kkk. Rent revenue other account (RR).
    4    lll. Rent revenue account (S8).
    5    mmm. Tax revenue arrearage account (TR).
    6    nnn. Solid waste management account (W3).
    7    ooo. Occupational health clinics account (W4).
    8    ppp. Capacity contracting (XU).
    9    qqq. Administrative cost recovery -
   10    tax return preparer registration fee account (Y8).
   11    rrr. Sales tax re-registration fee account (YD).
   12    sss. Equitable sharing agreement account (YP).
   13    ttt. Point insurance reduction program account.
   14    uuu. Internet point insurance reduction program account (IC).
   15    vvv. Mental hygiene program fund account (10).
   16    www. Third party debt collection account.
   17    xxx. Regulation of manufactured housing account (CM).
   18    yyy. Business and licensing services account (AG).
   19    zzz. Consumer protection account (F2).
   20    19. State university income fund (345):
   21    a. State university general income offset account (11).
   22    20. State police and motor vehicle law enforcement fund (354):
   23    a. State police motor vehicle law enforcement account (02).
   24    21. Youth facilities improvement fund (357):
   25    a. Youth facilities improvement account (01).
   26    22. Highway safety program fund (362):
   27    a. Highway safety program account (01).
   28    23. Drinking water program management and administration fund (366):
   29    a. EFC drinking water program account (01).
   30    b. DOH drinking water program account (02).
   31    24. New York city county clerks offset fund (368):
   32    a. NYCCC operating offset account (01).
   33    25. Housing assistance fund (374).
   34    26. Housing program fund (376).
   35    27. Department of transportation - engineering services fund (380):
   36    a. Highway facility purpose account (01).
   37    28. Miscellaneous capital projects fund (387):
   38    a. Clean air capital account (08).
   39    b. New York racing account.
   40    29. Mental hygiene facilities capital improvement fund (389).
   41    30. Joint labor/management administration fund (394):
   42    a. Joint labor/management administration fund (01).
   43    31. Audit and control revolving fund (395):
   44    a. Executive direction internal audit account (04).
   45    b. CIO Information technology centralized services account (zz).
   46    32. Health insurance internal service fund (396):
   47    a. Health insurance internal service account (00).
   48    b. Civil service employee benefits div admin (01).
   49    33. Correctional industries revolving fund (397).
   50    34. Correctional facilities capital improvement fund (399).
   51    35. HCRA resources fund (061):
   52    a. EPIC premium account (J6).
   53    b. Hospital based grants program account (AF).
   54    c. Child health plus program account (29).
   55    S 1-a. The state comptroller is hereby authorized and directed to loan
   56  money  in  accordance  with the provisions set forth in subdivision 5 of
       S. 6259--D                         38                         A. 9059--D

    1  section 4 of the state finance law to any account within  the  following
    2  federal  funds,  provided  the comptroller has made a determination that
    3  sufficient federal grant award authority is available to reimburse  such
    4  loans:
    5    1. Federal USDA-food nutrition services fund (261).
    6    2. Federal health and human services fund (265).
    7    3. Federal education grants fund (267).
    8    4. Federal block grant fund (269).
    9    5. Federal operating grants fund (290).
   10    6. Federal capital projects fund (291).
   11    7. Federal unemployment insurance administration fund (480).
   12    8. Federal unemployment insurance occupational training fund (484).
   13    9. Federal employment and training grants (486).
   14    S  2.  Notwithstanding any law to the contrary, and in accordance with
   15  section 4 of the state finance law, the comptroller is hereby authorized
   16  and directed to transfer, upon request of the director of the budget, on
   17  or before March 31, 2013, up to the unencumbered balance or the  follow-
   18  ing amounts:
   19  Economic Development and Public Authorities:
   20    1.  $175,000  from the miscellaneous special revenue fund (339) under-
   21  ground facilities safety training account (US), to the general fund.
   22    2. An amount up to the unencumbered  balance  from  the  miscellaneous
   23  special  revenue  fund  (339),  business  and licensing services account
   24  (AG), to the general fund.
   25    3. $14,810,000 from the miscellaneous special revenue fund (339), code
   26  enforcement account (07), to the general fund.
   27    4. $100,000 from the miscellaneous special revenue fund  (339),  manu-
   28  factured housing account (CM), to the general fund.
   29    5.  An  amount  up  to the unencumbered balance from the miscellaneous
   30  special revenue fund (339), administrative costs account  (AB),  to  the
   31  general fund.
   32  Education:
   33    1.  $2,217,000,000  from  the  general  fund to the state lottery fund
   34  (160), education account (03), as reimbursement for  disbursements  made
   35  from  such  fund  for  supplemental aid to education pursuant to section
   36  92-c of the state finance law that are in excess of the amounts deposit-
   37  ed in such fund for such purposes pursuant to section 1612  of  the  tax
   38  law.
   39    2. $836,000,000 from the general fund to the state lottery fund (160),
   40  VLT education account (06), as reimbursement for disbursements made from
   41  such  fund for supplemental aid to education pursuant to section 92-c of
   42  the state finance law that are in excess of  the  amounts  deposited  in
   43  such fund for such purposes pursuant to section 1612 of the tax law.
   44    3.  Moneys from the state lottery fund (160) up to an amount deposited
   45  in such fund pursuant to section 1612 of the tax law in  excess  of  the
   46  current year appropriation for supplemental aid to education pursuant to
   47  section 92-c of the state finance law.
   48    4.  $300,000  from the local government records management improvement
   49  fund (052) to the archives partnership trust fund (024).
   50    5. $900,000 from the general fund to the miscellaneous special revenue
   51  fund (339), Batavia school for the blind account (D9).
   52    6. $900,000 from the general fund to the miscellaneous special revenue
   53  fund (339), Rome school for the deaf account (E6).
   54    7. $80,000,000 from the state university dormitory income  fund  (330)
   55  to the state university residence hall rehabilitation fund (074).
       S. 6259--D                         39                         A. 9059--D

    1    8.  $343,400,000 from the state university dormitory income fund (330)
    2  to the miscellaneous special revenue fund (339), state university dormi-
    3  tory income reimbursable account (47).
    4    9.  $24,000,000  from  any  of  the state education department special
    5  revenue and internal service funds to the miscellaneous special  revenue
    6  fund (339), indirect cost recovery account (AH).
    7    10.  $8,318,000  from  the general fund to the state university income
    8  fund (345), state university income offset account (11), for the state's
    9  share of repayment of the STIP loan.
   10    11. $45,000,000 from the State University  Income  Fund  (345),  State
   11  University  Hospitals  Income  Reimbursable  Account (22) to the general
   12  fund for hospital debt service for the  period  April  1,  2012  through
   13  March 31, 2013.
   14  Environmental Affairs:
   15    1.  $500,000  from  the department of transportation's federal capital
   16  projects fund (291) to the office of parks and recreation federal  oper-
   17  ating grants fund (290), miscellaneous operating grants account.
   18    2.  $16,000,000  from any of the department of environmental conserva-
   19  tion's special revenue federal funds to the special revenue  fund  (301)
   20  federal grant indirect cost recovery account.
   21    3.  $2,000,000  from  any of the department of environmental conserva-
   22  tion's special revenue federal funds to the conservation fund  (302)  as
   23  necessary to avoid diversion of conservation funds.
   24    4. $3,000,000 from any of the office of parks, recreation and historic
   25  preservation  capital projects federal funds and special revenue federal
   26  funds to the special revenue fund  (339)  federal  grant  indirect  cost
   27  recovery account (Z1).
   28    5. $1,000,000 from any of the office of parks, recreation and historic
   29  preservation  special  revenue federal funds to the special revenue fund
   30  (339), I love NY water account (39).
   31  Family Assistance:
   32    1. $10,000,000 from any of the office of children and family services,
   33  office of temporary and disability assistance, or department  of  health
   34  special  revenue  federal funds and the general fund, in accordance with
   35  agreements with social services districts, to the miscellaneous  special
   36  revenue  fund  (339),  office of human resources development state match
   37  account (2C).
   38    2. $3,000,000 from any of the office of children and  family  services
   39  or office of temporary and disability assistance special revenue federal
   40  funds  to the miscellaneous special revenue fund (339), family preserva-
   41  tion and support services and family violence services account (GC).
   42    3. $6,000,000 from any of the office of children and  family  services
   43  special  revenue  federal  funds  to  the  general  fund  for title IV-E
   44  reimbursement of youth facility costs.
   45    4. $28,000,000 from any of the office of children and family services,
   46  office of temporary and disability assistance, or department  of  health
   47  special  revenue  federal  funds  and  any  other miscellaneous revenues
   48  generated from the operation of office of children and  family  services
   49  programs to the general fund.
   50    5.  $10,000,000 from any of the office of children and family services
   51  or office of temporary and disability assistance special  revenue  funds
   52  or  the  general  fund  to the miscellaneous special revenue fund (339),
   53  connections account (WK).
   54    6. $41,000,000 from any of the  office  of  temporary  and  disability
   55  assistance  accounts  within  the federal health and human services fund
   56  (265) to the general fund.
       S. 6259--D                         40                         A. 9059--D

    1    7. $155,000,000 from any of the office  of  temporary  and  disability
    2  assistance  or department of health special revenue funds to the general
    3  fund.
    4    8.  $2,500,000  from  any  of  the  office of temporary and disability
    5  assistance or office of children and  family  services  special  revenue
    6  federal funds to the miscellaneous special revenue fund (339), office of
    7  temporary and disability assistance program account (AL).
    8    9. $50,000,000 from any of the office of children and family services,
    9  office  of temporary and disability assistance, department of labor, and
   10  department of health special revenue federal  funds  to  the  office  of
   11  children  and  family services miscellaneous special revenue fund (339),
   12  multi-agency training contract account (AY).
   13    10. $152,400,000 from the miscellaneous special  revenue  fund  (339),
   14  youth facility per Diem account (YF), to the general fund.
   15    11.  $621,850 from the general fund to the combined gifts, grants, and
   16  bequests fund (020), WB Hoyt Memorial account (78).
   17    12. $1,300,000 from any of the  office  of  temporary  and  disability
   18  assistance and department of health special revenue federal funds to the
   19  miscellaneous  special  revenue  fund  (339)  welfare  inspector general
   20  administrative reimbursement account (WW).
   21    13. $4,822,000 from the miscellaneous special revenue fund (339) state
   22  central registry (CY) to the general fund.
   23  General Government:
   24    1. $1,566,000 from the miscellaneous special revenue fund (339), exam-
   25  ination and miscellaneous revenue account (ER) to the general fund.
   26    2. $12,500,000 from the general fund to the health insurance revolving
   27  fund (396).
   28    3. $192,400,000 from the health insurance reserve receipts fund  (167)
   29  to the general fund.
   30    4. $150,000 from the general fund to the not-for-profit revolving loan
   31  fund (055).
   32    5.  $150,000  from the not-for-profit revolving loan fund (055) to the
   33  general fund.
   34    6. $11,000,000 from the miscellaneous special revenue fund (339), real
   35  property disposition account (BP), to the general fund.
   36    7. $3,000,000 from  the  miscellaneous  special  revenue  fund  (339),
   37  surplus property account (DE), to the general fund.
   38    8.  $19,000,000  from  the  general  fund to the miscellaneous special
   39  revenue fund (339), alcoholic beverage control account (DB).
   40    9. $23,000,000 from the  miscellaneous  special  revenue  fund  (339),
   41  revenue arrearage account (CR), to the general fund.
   42    10.  $1,826,000  from  the  miscellaneous  special  revenue fund (339)
   43  revenue arrearage account (CR), to  the  miscellaneous  special  revenue
   44  fund (339) authority budget office account.
   45    11.  $1,000,000  from  the  miscellaneous  special revenue fund (339),
   46  parking services account (BQ), to the general fund, for the  purpose  of
   47  reimbursing  the  costs of debt service related to state parking facili-
   48  ties.
   49    12. $53,000,000 from the general fund  to  the  miscellaneous  special
   50  revenue fund (339), statewide financial system account (FM).
   51    13.  $12,300,000  from  the general fund, to the office for technology
   52  internal service fund (334),  centralized  technology  services  account
   53  (30), for the purpose of developing a statewide licensing system.
   54    14.  $10,000,000  from  the  general fund to the office for technology
   55  internal service fund (334), central technology services  account  (30),
   56  for the purpose of enterprise technology projects.
       S. 6259--D                         41                         A. 9059--D

    1    Health:
    2    1.  $12,000,000  from  any of the department of health accounts within
    3  the federal health and human services fund (265) to the general fund.
    4    2. $139,560,000 from any of the department of health  accounts  within
    5  the  federal  health  and human services fund (265) to the miscellaneous
    6  special revenue fund (339), quality of care account (20).
    7    3. $1,000,000 from the general fund to the combined gifts, grants  and
    8  bequests  fund (020), breast cancer research and education account (BD),
    9  an amount equal to the monies collected and deposited into that  account
   10  in the previous fiscal year.
   11    4. $2,464,000 from any of the department of health accounts within the
   12  federal health and human services fund (265) to the department of health
   13  miscellaneous   special  revenue  fund  (339),  statewide  planning  and
   14  research cooperation system (SPARCS) program account (03).
   15    5. $250,000 from the general fund to the combined  gifts,  grants  and
   16  bequests  fund (020), prostate cancer research, detection, and education
   17  account (PR), an amount equal to the moneys collected and deposited into
   18  that account in the previous fiscal year.
   19    6. $500,000 from the general fund to the combined  gifts,  grants  and
   20  bequests fund (020), Alzheimer's disease research and assistance account
   21  (AA),  an  amount  equal to the moneys collected and deposited into that
   22  account in the previous fiscal year.
   23    7. $1,000,000 from  the  miscellaneous  special  revenue  fund  (339),
   24  administration account (AP), to the general fund.
   25    8.  $600,000,000  from any of the department of health accounts within
   26  the federal health and human services fund (265)  to  the  miscellaneous
   27  special  revenue  fund  (339),  federal  state health reform partnership
   28  account (FS).
   29    9. $50,000,000 from the special revenue  fund  (061),  HCRA  resources
   30  fund, to the miscellaneous special revenue fund (339), empire state stem
   31  cell trust fund account (SR).
   32    10.  $1,250,000  from  the  miscellaneous  New  York state agency fund
   33  (169), medical assistance account to the department of health  miscella-
   34  neous  special  revenue fund (339), third party health insurance account
   35  (35).
   36    11. $3,700,000 from the  miscellaneous  New  York  state  agency  fund
   37  (169),  medical  assistance  account to the office of medicaid inspector
   38  general miscellaneous special revenue fund (339), recoveries and revenue
   39  account (C9).
   40    12. $2,500,000 from the general  fund  to  the  miscellaneous  special
   41  revenue fund (339), quality of care improvement account (QC).
   42  Labor:
   43    1.  $700,000  from  the  labor standards miscellaneous special revenue
   44  fund (339), fee  and  penalty  account  (30),  to  the  child  performer
   45  protection fund (025), child performer protection account (CP).
   46    2.  $8,000,000  from the labor standards miscellaneous special revenue
   47  fund (339), fee and penalty account (30), to the general fund.
   48    3. $6,500,000 from the unemployment  insurance  interest  and  penalty
   49  special  revenue fund (482), unemployment insurance special interest and
   50  penalty account (01), to the general fund.
   51    4. $2,700,000 from the labor standards miscellaneous  special  revenue
   52  fund (339), public work enforcement account (BA), to the general fund.
   53    5.  $1,500,000 from the training and education program on occupational
   54  safety and health fund (305), occupational safety and health  inspection
   55  account (02), to the general fund.
   56  Mental Hygiene:
       S. 6259--D                         42                         A. 9059--D

    1    1.  $5,000,000  from  the  miscellaneous  special  revenue fund (339),
    2  mental hygiene patient income account (13), to the miscellaneous special
    3  revenue fund (339), federal salary sharing account (EC).
    4    2.  $240,000,000  from  the  miscellaneous special revenue fund (339),
    5  mental hygiene patient income account (13) to the miscellaneous  special
    6  revenue fund (339), provider of service accounts (05).
    7    3.  $220,000,000  from  the  miscellaneous special revenue fund (339),
    8  mental hygiene program fund account (10) to  the  miscellaneous  special
    9  revenue fund (339), provider of service account (05).
   10    4.  $150,000,000  from  the  general fund to the miscellaneous special
   11  revenue fund (339), mental hygiene patient income account (13).
   12    5. $150,000,000 from the general fund  to  the  miscellaneous  special
   13  revenue fund (339), mental hygiene program fund account (10).
   14    6.  $300,000,000  from  the  miscellaneous special revenue fund (339),
   15  mental hygiene program fund account (10) to the general fund.
   16    7. $180,000,000 from the miscellaneous  special  revenue  fund  (339),
   17  mental hygiene patient income account (13) to the general fund.
   18    8.  $200,000  from  the  chemical dependence service fund (346) to the
   19  general fund.
   20    9. $200,000 from the combined gifts, grants and bequests  fund  (020),
   21  disability and technical assistance account (D1) to the general fund.
   22  Public Protection:
   23    1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
   24  gency management account (61), to the general fund.
   25    2.  $3,300,000  from  the  general  fund  to the miscellaneous special
   26  revenue fund (339), recruitment incentive account (U2).
   27    3. $9,500,000 from the general fund  to  the  correctional  industries
   28  revolving  fund  (397), correctional industries internal service account
   29  (00).
   30    4. $10,000,000 from federal miscellaneous operating grants fund (290),
   31  DMNA damage account (71), to the general fund.
   32    5. $16,000,000 from the general  fund  to  the  miscellaneous  special
   33  revenue fund (339), crimes against revenue program account (CA).
   34    6. $20,000,000 from any office of homeland security account within the
   35  federal  miscellaneous  operating  grants  fund  (290),  receiving money
   36  through the homeland security grants program, to the general fund.
   37    7. $26,900,000 from the miscellaneous special revenue fund (339) crim-
   38  inal justice improvement account (62) to the general fund.
   39    8. $20,000,000 from the  miscellaneous  special  revenue  fund  (339),
   40  statewide  public  safety  communications  account  (LZ), to the general
   41  fund.
   42    9. $106,000,000 from the state police and motor vehicle  law  enforce-
   43  ment  and  motor vehicle theft and insurance fund prevention fund (354),
   44  state police motor vehicle enforcement account (02) to the general  fund
   45  for state operation expenses of the division of state police.
   46    10.  $21,500,000  from the general fund to the correctional facilities
   47  capital improvement fund (399).
   48    11. $4,000,000 from the indigent legal services  fund  (390),  to  the
   49  general fund.
   50  Transportation:
   51    1.  $17,672,000  from  the federal miscellaneous operating grants fund
   52  (290) to the special revenue  fund  (339),  tri-state  federal  regional
   53  planning account (17).
   54    2.  $20,147,000  from  the  federal capital projects fund (291) to the
   55  special revenue fund (339), tri-state federal regional planning accounts
   56  (17).
       S. 6259--D                         43                         A. 9059--D

    1    3. $15,368,000 from the  miscellaneous  special  revenue  fund  (339),
    2  compulsory insurance account (H7), to the general fund.
    3    4.  $12,000,000 from the general fund to the mass transportation oper-
    4  ating assistance fund (313),  public  transportation  systems  operating
    5  assistance account (01).
    6    5.  $573,317,000  from  the  general fund to the dedicated highway and
    7  bridge trust fund (072).
    8    6. $606,000 from the miscellaneous special revenue fund (339),  inter-
    9  net point insurance reduction program account (IC), to the general fund.
   10    7.  $6,000 from the miscellaneous special revenue fund (339), motorcy-
   11  cle safety account (AE), to the general fund.
   12    8. $12,000 from the general fund to the miscellaneous special  revenue
   13  fund (339), federal seized asset account (GE).
   14    9.  $10,000,000  from  the  miscellaneous  special revenue fund (339),
   15  department of transportation accident damage recovery account  (G7),  to
   16  the dedicated highway and bridge trust fund (072).
   17    10. $255,000,000 from the general fund to the MTA financial assistance
   18  fund (225), mobility tax trust account (01).
   19  Miscellaneous:
   20    1. $150,000,000 from the general fund to any funds or accounts for the
   21  purpose of reimbursing certain outstanding accounts receivable balances.
   22    2.  $500,000,000  from  the general fund to the debt reduction reserve
   23  fund (064).
   24    S 3. Notwithstanding any law to the contrary, and in  accordance  with
   25  section 4 of the state finance law, the comptroller is hereby authorized
   26  and directed to transfer, on or before March 31, 2013:
   27    1.  Upon request of the commissioner of environmental conservation, up
   28  to $10,940,000 from revenues credited to any of the department of  envi-
   29  ronmental  conservation special revenue funds, including $3,197,800 from
   30  the environmental protection and oil spill compensation fund (303),  and
   31  $1,751,600  from  the  conservation  fund  (302),  to  the environmental
   32  conservation special revenue fund (301), indirect charges account (BJ).
   33    2. Upon request of the commissioner of agriculture and markets, up  to
   34  $3,000,000  from  any special revenue fund or enterprise fund within the
   35  department of agriculture and markets to the general fund, to pay appro-
   36  priate administrative expenses.
   37    3. Upon request of the commissioner of agriculture and markets, up  to
   38  $2,000,000  from  the  state  exposition  special fund (325), state fair
   39  receipts account (01) to the miscellaneous capital projects fund  (387),
   40  state fair capital improvement account (13).
   41    4.  Upon  request  of  the commissioner of the division of housing and
   42  community renewal, up to $5,500,000 from revenues credited to any  divi-
   43  sion  of  housing and community renewal federal or miscellaneous special
   44  revenue fund to the agency cost recovery account (HI).
   45    5. Upon request of the commissioner of the  division  of  housing  and
   46  community  renewal, up to $5,500,000 may be transferred from any miscel-
   47  laneous special revenue fund account (339), to any miscellaneous special
   48  revenue fund (339).
   49    6. Upon request of the commissioner of health up to  $15,000,000  from
   50  revenues  credited  to any of the department of health's special revenue
   51  funds, to the miscellaneous special revenue fund  (339),  administration
   52  account (AP).
   53    7.  On  or  about March 31, 2012, the comptroller is authorized to and
   54  directed to transfer all funds from the  miscellaneous  special  revenue
   55  fund  (339),  commission  of investigation seized assets account (EK) to
       S. 6259--D                         44                         A. 9059--D

    1  the miscellaneous special revenue fund (339), state police seized  asset
    2  account (E8).
    3    S  4.  Notwithstanding  section  2815  of the public health law or any
    4  other contrary provision of law, upon the direction of the  director  of
    5  the  budget  and  the commissioner of health, the dormitory authority of
    6  the state of New York is directed  to  transfer  seven  million  dollars
    7  annually  from  funds  available  and  uncommitted in the New York state
    8  health care restructuring pool to the  health  care  reform  act  (HCRA)
    9  resources fund - HCRA resources account.
   10    S 5. On or before March 31, 2013, the comptroller is hereby authorized
   11  and  directed  to  deposit  earnings  that would otherwise accrue to the
   12  general fund that are attributable to the operation of section  98-a  of
   13  the  state  finance  law,  to  the agencies internal service fund (334),
   14  banking services  account  (12),  for  the  purpose  of  meeting  direct
   15  payments from such account.
   16    S  6.  Notwithstanding  any law to the contrary, upon the direction of
   17  the director of the budget and upon requisition by the state  university
   18  of  New  York,  the  dormitory  authority  of  the  state of New York is
   19  directed to transfer, up to $22,000,000 in revenues generated  from  the
   20  sale  of  notes  or  bonds,  to  the  state  university  of New York for
   21  reimbursement of bondable equipment for further transfer to the  state's
   22  general fund.
   23    S 6-a. Notwithstanding any law to the contrary, and in accordance with
   24  section 4 of the state finance law, the comptroller is hereby authorized
   25  and directed to transfer, upon request of the director of the budget and
   26  upon  consultation  with  the  state university chancellor or his or her
   27  designee, on or before March 31, 2013, up to $16,000,000 from the  State
   28  university  income  fund (345) general revenue account (10) to the State
   29  general fund for debt service costs related to capital project costs for
   30  the NY-SUNY 2020 challenge grant program.
   31    S 7. Notwithstanding any law to the  contrary,  the  state  university
   32  chancellor  or her designee is authorized and directed to transfer esti-
   33  mated tuition revenue balances from the state university collection fund
   34  (344) to the state  university  fund  (345),  state  university  general
   35  revenue offset account (12) on or before March 31, 2013.
   36    S  8.  Notwithstanding any law to the contrary, and in accordance with
   37  section 4 of the state finance law, the comptroller is hereby authorized
   38  and directed to transfer, upon request of the director of the budget, up
   39  to $87,756,000 from the general fund to the state university income fund
   40  (345), state  university  hospitals  income  reimbursable  account  (22)
   41  during  the period July 1, 2012 through June 30, 2013 to reflect ongoing
   42  state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
   43  SUNY hospitals' state agency status.
   44    S  9.  Notwithstanding any law to the contrary, and in accordance with
   45  section 4 of the state finance law, the comptroller is hereby authorized
   46  and directed to transfer, upon request of the director of the budget, up
   47  to $969,050,300 from the general fund to  the  state  university  income
   48  fund  (345), state university general revenue offset account (12) during
   49  the period of July 1, 2012 through June 30, 2013 to  support  operations
   50  at the state university.
   51    S  10. Notwithstanding any law to the contrary, and in accordance with
   52  section 4 of the state finance law, the comptroller is hereby authorized
   53  and directed to transfer, upon request of the state university  chancel-
   54  lor  or her designee, up to $50,000,000 from the state university income
   55  fund (345), state university hospitals income reimbursable account (22),
   56  for hospital income reimbursable for services and expenses  of  hospital
       S. 6259--D                         45                         A. 9059--D

    1  operations  and  capital expenditures at the state university hospitals,
    2  and the state university income fund (345) Long  Island  veterans'  home
    3  account  (09)  to the state university capital projects fund (384) on or
    4  before June 30, 2013.
    5    S  11. Notwithstanding any law to the contrary, and in accordance with
    6  section 4 of the state finance law, the comptroller, after  consultation
    7  with  the  state university chancellor or his or her designee, is hereby
    8  authorized and directed to transfer moneys, in the first instance,  from
    9  the  state  university  collection  fund  (344),  Stony  Brook  hospital
   10  collection account (07), Brooklyn hospital collection account (08),  and
   11  Syracuse hospital collection account (09) to the state university income
   12  fund  (345), state university hospitals income reimbursable account (22)
   13  in the event insufficient funds are available in  the  state  university
   14  income  fund  (345),  state  university  hospitals  income  reimbursable
   15  account (22) to transfer moneys, in amounts  sufficient  to  permit  the
   16  full transfer of moneys authorized for transfer, to the general fund for
   17  payment  of  debt service related to the SUNY hospitals. Notwithstanding
   18  any law to the contrary, the comptroller is also hereby  authorized  and
   19  directed, after consultation with the state university chancellor or his
   20  or  her  designee,  to  transfer moneys from the state university income
   21  fund (345) to the state university income fund (345),  state  university
   22  hospitals  income  reimbursable  account  (22) in the event insufficient
   23  funds are available in the state university  income  fund  (345),  state
   24  university  hospitals  income  reimbursable account (22) to pay hospital
   25  operating costs or to transfer moneys, in amounts sufficient  to  permit
   26  the full transfer of moneys authorized for transfer, to the general fund
   27  for  payment  of debt service related to the SUNY hospitals on or before
   28  March 31, 2013.
   29    S 12. Notwithstanding any law to the contrary, and in accordance  with
   30  section 4 of the state finance law, the comptroller is hereby authorized
   31  and  directed  to  transfer  monies, upon request of the director of the
   32  budget, on or before March 31, 2013, from and to any  of  the  following
   33  accounts:  the  miscellaneous special revenue fund (339), patient income
   34  account (13), the  miscellaneous  special  revenue  fund  (339),  mental
   35  hygiene  program  fund  account (10) or the general fund in any combina-
   36  tion, the aggregate of which shall not exceed $350 million.
   37    S 13. Notwithstanding any law to the contrary, and in accordance  with
   38  section 4 of the state finance law, the comptroller is hereby authorized
   39  and  directed to transfer, at the request of the director of the budget,
   40  up to $500 million from the unencumbered balance of any special  revenue
   41  fund  or  account,  or combination of funds and accounts, to the general
   42  fund. The amounts transferred pursuant to this authorization shall be in
   43  addition to any other transfers  expressly  authorized  in  the  2012-13
   44  budget.  Transfers  from  federal  funds,  debt  service  funds, capital
   45  projects funds, the community projects fund, or funds that would  result
   46  in  the loss of eligibility for federal benefits or federal funds pursu-
   47  ant to federal law, rule, or regulation, are not permitted  pursuant  to
   48  this  authorization. The director of the budget shall notify both houses
   49  of the legislature in writing prior to initiating transfers pursuant  to
   50  this authorization.
   51    S  13-a.  Notwithstanding  any  law to the contrary, and in accordance
   52  with section 4 of the state  finance  law,  the  comptroller  is  hereby
   53  authorized  and  directed to transfer, at the request of the director of
   54  the budget, up to $38 million  from  the  unencumbered  balance  of  any
   55  special  revenue  fund or account, or combination of funds and accounts,
   56  to the community projects fund. The amounts transferred pursuant to this
       S. 6259--D                         46                         A. 9059--D

    1  authorization shall be in addition  to  any  other  transfers  expressly
    2  authorized  in  the  2012-13  budget. Transfers from federal funds, debt
    3  service funds, or capital projects funds are not permitted  pursuant  to
    4  this  authorization.  The director of the budget shall (a) have received
    5  a request in writing from one or both houses of the legislature, and (b)
    6  notify both houses of the legislature in  writing  prior  to  initiating
    7  transfers  pursuant to this authorization. The comptroller shall provide
    8  the director of the budget, the chair of the senate  finance  committee,
    9  and  the chair of the assembly ways and means committee with an accurate
   10  accounting and report of any  transfers  that  occur  pursuant  to  this
   11  section  on  or before the fifteenth day of the following month in which
   12  such transfers occur.
   13    S 14. Notwithstanding any provision of law to the contrary, the  power
   14  authority  of the state of New York, as deemed feasible and advisable by
   15  its trustees, is authorized and directed to make a contribution  to  the
   16  state  treasury  to the credit of the general fund in an amount of up to
   17  $65,000,000 for the fiscal year commencing  April  1,  2012.  The  power
   18  authority  of  the  state of New York will transfer up to $25,000,000 by
   19  June 30, 2012 and will transfer the remainder of any  such  contribution
   20  by January 31, 2013.
   21    S  14-a.    In addition to any payment made by a public benefit corpo-
   22  ration pursuant to an assessment imposed under  sections  2975,  2975-a,
   23  2976  and  2976-a of the public authorities law, a public benefit corpo-
   24  ration is authorized to make voluntary contributions to the state gener-
   25  al fund for any lawful purpose at  any  time  from  any  public  benefit
   26  corporation funds in such amounts as deemed to be feasible and advisable
   27  by such public benefit corporation's governing board after due consider-
   28  ation  of  the  public  benefit  corporation's legal and financial obli-
   29  gations. Notwithstanding any other  law,  the  payment  of  a  voluntary
   30  payment  pursuant to this subdivision is deemed to be a valid and proper
   31  purpose for which available funds may  be  applied.  Voluntary  contrib-
   32  utions  made  to the state pursuant to this subdivision shall be payable
   33  to the state treasury to the credit of the general fund.
   34    S 15. Notwithstanding any other provision of law,  and  provided  that
   35  the  reserves  in  the  project  pool  insurance account of the mortgage
   36  insurance fund created pursuant to section 2429-b of the public authori-
   37  ties law are sufficient, to attain and maintain the  credit  rating  (as
   38  determined  by  the  agency) required to accomplish the purposes of such
   39  account, the board of directors of the state of New York mortgage agency
   40  shall authorize the transfer from the project pool insurance account  of
   41  the  mortgage  insurance  fund  to the state treasury for deposit in the
   42  general fund a total sum not to exceed one hundred  million  dollars  as
   43  soon as practicable but no later than January 1, 2013.
   44    S  15-a. Notwithstanding any other provision of law, the housing trust
   45  fund corporation (the corporation) may provide a sum not to exceed  nine
   46  million  dollars for mortgage foreclosure prevention services, including
   47  those services set forth in section 2 of part NN of chapter  57  of  the
   48  laws of 2008. The corporation may receive and accept a sum not to exceed
   49  nine  million dollars from the Attorney General of the State of New York
   50  for the purposes of reimbursing any costs associated with mortgage fore-
   51  closure prevention services contracts authorized by this section.
   52    S 15-b. Notwithstanding any other provision of law, the housing  trust
   53  fund  corporation may receive and accept a sum not to exceed six million
   54  dollars from the Attorney General of the State of New York  for  housing
   55  and community development purposes.
       S. 6259--D                         47                         A. 9059--D

    1    S  16.  Subdivision  5  of section 97-rrr of the state finance law, as
    2  amended by section 16 of part BB of chapter 58 of the laws of  2011,  is
    3  amended to read as follows:
    4    5. Notwithstanding the provisions of section one hundred seventy-one-a
    5  of  the  tax law, as separately amended by chapters four hundred eighty-
    6  one and four hundred eighty-four of the laws of nineteen hundred  eight-
    7  y-one,  AND NOTWITHSTANDING THE PROVISIONS OF CHAPTER NINETY-FOUR OF THE
    8  LAWS OF TWO THOUSAND ELEVEN, or any  other  provisions  of  law  to  the
    9  contrary,  during  the  fiscal  year beginning April first, two thousand
   10  [ten] TWELVE, the state comptroller is hereby authorized and directed to
   11  deposit to the fund  created  pursuant  to  this  section  from  amounts
   12  collected  pursuant to article twenty-two of the tax law and pursuant to
   13  a  schedule  submitted  by  the  director   of   the   budget,   up   to
   14  [$3,292,520,000] $3,322,067,000, as may be certified in such schedule as
   15  necessary  to  meet the purposes of such fund for the fiscal year begin-
   16  ning April first, two thousand [eleven] TWELVE.
   17    S 16-a. Subdivision 5 of section 97-rrr of the state finance  law,  as
   18  amended  by  section  8 of part F of chapter 109 of the laws of 2006, is
   19  REPEALED.
   20    S 17. Subdivision 2 of section 92-cc of  the  state  finance  law,  as
   21  added by chapter 1 of the laws of 2007, is amended to read as follows:
   22    2.  Such  fund  shall  have  a maximum balance not to exceed three per
   23  centum of the aggregate amount projected to be disbursed from the gener-
   24  al fund during the fiscal year immediately  following  the  then-current
   25  fiscal  year.    AT THE REQUEST OF THE DIRECTOR OF THE BUDGET, THE STATE
   26  COMPTROLLER SHALL TRANSFER MONIES TO THE RAINY DAY RESERVE  FUND  UP  TO
   27  AND  INCLUDING AN AMOUNT EQUIVALENT TO THREE-TENTHS OF ONE PER CENTUM OF
   28  THE AGGREGATE AMOUNT PROJECTED TO BE DISBURSED  FROM  THE  GENERAL  FUND
   29  DURING THE THEN-CURRENT FISCAL YEAR, UNLESS SUCH TRANSFER WOULD INCREASE
   30  THE RAINY DAY RESERVE FUND TO AN AMOUNT IN EXCESS OF THREE PER CENTUM OF
   31  THE  AGGREGATE  AMOUNT  PROJECTED  TO BE DISBURSED FROM THE GENERAL FUND
   32  DURING THE FISCAL YEAR IMMEDIATELY  FOLLOWING  THE  THEN-CURRENT  FISCAL
   33  YEAR,  IN  WHICH  EVENT SUCH TRANSFER SHALL BE LIMITED TO SUCH AMOUNT AS
   34  WILL INCREASE THE RAINY DAY RESERVE FUND TO SUCH THREE PER CENTUM  LIMI-
   35  TATION.
   36    S  17-a.  The comptroller is authorized and directed to deposit to the
   37  general fund-state purposes account reimbursements from moneys appropri-
   38  ated or reappropriated to the correctional facilities  capital  improve-
   39  ment  fund (399) by a chapter of the laws of 2012.  Reimbursements shall
   40  be available for spending from appropriations made to the department  of
   41  correctional  services  in the general fund-state purposes accounts by a
   42  chapter of the laws of 2012 for costs associated with the administration
   43  and security of capital projects and for other costs which are attribut-
   44  able, according to a plan, to such capital projects.
   45    S 18. Subdivision 6 of section 4 of the state finance law, as  amended
   46  by  section  16 of part JJ of chapter 56 of the laws of 2010, is amended
   47  to read as follows:
   48    6. Notwithstanding any law to the contrary, at the  beginning  of  the
   49  state  fiscal  year,  the  state  comptroller  is  hereby authorized and
   50  directed to receive for deposit to  the  credit  of  a  fund  and/or  an
   51  account  such  monies as are identified by the director of the budget as
   52  having been intended for such deposit to support disbursements from such
   53  fund and/or account made in pursuance of an  appropriation  by  law.  As
   54  soon  as  practicable  upon enactment of the budget, the director of the
   55  budget shall,  but  not  less  than  three  days  following  preliminary
   56  submission  to the [chairpersons] CHAIRS of the senate finance committee
       S. 6259--D                         48                         A. 9059--D

    1  and the assembly ways and means committee, file  with  the  state  comp-
    2  troller  an  identification  of  specific monies to be so deposited. Any
    3  subsequent change regarding the monies to be so deposited shall be filed
    4  by the director of the budget, as soon as practicable, but not less than
    5  three days following preliminary submission to the [chairpersons] CHAIRS
    6  of  the senate finance committee and the assembly ways and means commit-
    7  tee.
    8    All monies identified by the director of the budget to be deposited to
    9  the credit of a fund and/or account shall be consistent with the  intent
   10  of  the  budget for the then current state fiscal year as enacted by the
   11  legislature.
   12    The provisions of this subdivision shall expire on March thirty-first,
   13  two thousand [twelve] FOURTEEN.
   14    S 18-a. The state comptroller is hereby  authorized  and  directed  to
   15  abolish  or consolidate with the state general fund the associated funds
   16  and/or accounts established  pursuant  to  section  92-a  of  the  state
   17  finance  law,  subdivision  5  of  section  233-a  of the education law,
   18  section 94-d of the state  finance  law,  section  97-cc  of  the  state
   19  finance  law, section 90-b of the state finance law, section 91-g of the
   20  state finance law, section 92-l of the state finance law,  section  92-j
   21  of the state finance law, section 92-m of the state finance law, section
   22  92-w  of  the  state  finance law as added by chapter 561 of the laws of
   23  1994, section 94-c of the state finance law, section  96  of  the  state
   24  finance law, section 97-o of the state finance law, section 97-ff of the
   25  state  finance  law,  section  97-ss  of  the state finance law, section
   26  97-fff of the state finance law as added by chapter 432 of the  laws  of
   27  1997, section 97-uuu of the state finance law as added by chapter 294 of
   28  the  laws  of  2000, section 97-www of the state finance law as added by
   29  chapter 189 of the laws of 2000, section 97-aaaa of  the  state  finance
   30  law, section 97-bbbb of the state finance law, section 99-g of the state
   31  finance  law,  section 99-i of the state finance law as added by chapter
   32  62 of the laws of 2003, subdivision 3-a of section 378 of the  education
   33  law,  section 1022 of the private housing finance law, chapter 50 of the
   34  laws of 1993, section 12 of chapter 1040 of the laws of 1981 and section
   35  97-n of the state finance law.
   36    S 18-b. Sections 90-b, 91-g, 92-a, 92-l, 92-j, 92-m, 92-w as added  by
   37  chapter  561  of  the  laws  of 1994, 94-c, 94-d, 96, 97-n, 97-o, 97-cc,
   38  97-ff, 97-ss, 97-fff as added by chapter 432 of the laws of 1997, 97-uuu
   39  as added by chapter 294 of the laws of 2000, 97-www as added by  chapter
   40  189  of  the  laws  of 2000, 97-aaaa, 97-bbbb, 99-g and 99-i as added by
   41  chapter 62 of the laws of 2003 of the state finance law are REPEALED.
   42    S 18-c. Subdivision 5 of section 233-a and subdivision 3-a of  section
   43  378 of the education law are REPEALED.
   44    S 18-d. Section 1022 of the private housing finance law is REPEALED.
   45    S  18-e. Section 12 of chapter 1040 of the laws of 1981 and chapter 50
   46  of the laws of 1993 are REPEALED.
   47    S 19. Subdivision 4 of section 40 of the state finance law, as amended
   48  by section 17 of part JJ of chapter 56 of the laws of 2010,  is  amended
   49  to read as follows:
   50    4.  Every appropriation made from a fund or account to a department or
   51  agency shall be available for the payment of prior years' liabilities in
   52  such fund or account for fringe benefits, indirect costs, and telecommu-
   53  nications expenses and expenses  for  other  centralized  services  fund
   54  programs  without limit. Every appropriation shall also be available for
   55  the payment of prior  years'  liabilities  other  than  those  indicated
       S. 6259--D                         49                         A. 9059--D

    1  above,  but  only  to the extent of one-half of one percent of the total
    2  amount appropriated to a department or agency in such fund or account.
    3    The  provisions  of  this subdivision shall expire March thirty-first,
    4  two thousand [twelve] FOURTEEN.
    5    S 20. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    6  contrary,  the comptroller is hereby authorized and directed to deposit,
    7  to the credit of the  capital  projects  fund,  reimbursement  from  the
    8  proceeds of notes or bonds issued by the environmental facilities corpo-
    9  ration for a capital appropriation for $29,365,000 authorized by chapter
   10  54  of  the laws of 2002 to the department of environmental conservation
   11  for payment of a portion of the state's match for federal capitalization
   12  grants for the water pollution control revolving loan  fund,  reimburse-
   13  ment  from  the proceeds of notes and bonds issued by the urban develop-
   14  ment corporation or other financing source for a  capital  appropriation
   15  for  $89,000,000  authorized  by  chapter  50 of the laws of 2002 to the
   16  office of general services for payment of capital construction costs for
   17  the Alfred E. Smith office building  located  in  the  city  of  Albany,
   18  reimbursement  from  the proceeds of notes and bonds issued by the urban
   19  development corporation or other financing source for capital  appropri-
   20  ations  for  $1,500,000  authorized by chapter 50 of the laws of 2002 to
   21  the office of general services for payment of capital construction costs
   22  for the Elk street parking garage building located in the city of  Alba-
   23  ny,  reimbursement  from  the  proceeds  of notes or bonds issued by the
   24  urban development corporation for disbursements  of  up  to  $12,000,000
   25  from  any capital appropriation or reappropriation authorized by chapter
   26  50 of the laws of 2002 to the office of  general  services  for  various
   27  purposes,  reimbursement  from  the proceeds of notes or bonds issued by
   28  the  urban  development  corporation  for  a  capital  appropriation  of
   29  $14,300,000  authorized  by  chapter 55 of the laws of 2002 to the urban
   30  development corporation to finance a portion of the  jobs  now  program,
   31  reimbursement from the proceeds of notes or bonds issued by the dormito-
   32  ry  authority  for  disbursements  of up to $20,800,000 from any capital
   33  appropriation or reappropriation authorized by chapter 51 of the laws of
   34  2002 to the judiciary for courthouse  improvements,  reimbursement  from
   35  the  proceeds  of  notes or bonds issued by the urban development corpo-
   36  ration for disbursements of up to  $15,000,000  from  appropriations  or
   37  reappropriations  authorized  by  chapter  50 of the laws of 2002 to any
   38  agency for costs related to homeland security,  and  reimbursement  from
   39  the  proceeds  of  notes or bonds issued by the environmental facilities
   40  corporation for a capital appropriation  of  $10,000,000  authorized  by
   41  chapter  54  of  the  laws  of  2002  to the department of environmental
   42  conservation for Onondaga lake.
   43    S 21. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   44  contrary,  the comptroller is hereby authorized and directed to deposit,
   45  to the credit of the  capital  projects  fund,  reimbursement  from  the
   46  proceeds  of  notes  or  bonds  issued by the dormitory authority of the
   47  state of New York for a capital appropriation for  $215,650,000  author-
   48  ized by chapter 55 of the laws of 2000 to all state agencies for payment
   49  of costs related to the strategic investment program.
   50    S  22.  Notwithstanding  any  other  law,  rule,  or regulation to the
   51  contrary, the comptroller is hereby authorized and directed  to  deposit
   52  to  the  credit  of  the  capital  projects fund, reimbursement from the
   53  proceeds of notes or bonds issued by the environmental facilities corpo-
   54  ration for a capital appropriation of $30,174,000 authorized by  chapter
   55  55  of  the laws of 2003 to the department of environmental conservation
   56  for payment of a portion of the state's match for federal capitalization
       S. 6259--D                         50                         A. 9059--D

    1  grants for the water pollution control revolving loan  fund,  reimburse-
    2  ment from the proceeds of notes or bonds issued by the urban development
    3  corporation  or  other  financing  source for a capital appropriation of
    4  $19,500,000  authorized  by chapter 50 of the laws of 2003 to the office
    5  of general services for payment of capital construction costs for the 51
    6  Elk street parking garage  building  located  in  the  city  of  Albany,
    7  reimbursement  from  the  proceeds of notes or bonds issued by the urban
    8  development corporation for disbursements of up to $10,000,000 from  any
    9  capital appropriation or reappropriation authorized by chapter 50 of the
   10  laws  of  2003  to  the office of general services for various purposes,
   11  reimbursement from the proceeds of notes or bonds issued by the environ-
   12  mental facilities corporation for a capital appropriation of $13,250,000
   13  authorized by chapter 55 of the laws of 2003 to the energy research  and
   14  development authority for the Western New York Nuclear Service Center at
   15  West Valley, reimbursement from the proceeds of notes or bonds issued by
   16  the  dormitory authority for disbursements of up to $16,400,000 from any
   17  capital appropriation or reappropriation authorized by chapter 51 of the
   18  laws of 2003 to the judiciary for courthouse improvements, reimbursement
   19  from the proceeds of notes or bonds  issued  by  the  urban  development
   20  corporation  for  disbursements of up to $10,000,000 from appropriations
   21  or reappropriations authorized by chapter 50 of the laws of 2003 to  any
   22  agency  for  costs  related to homeland security, reimbursement from the
   23  proceeds of notes or bonds issued by the environmental facilities corpo-
   24  ration for a capital appropriation of $10,000,000 authorized by  chapter
   25  55  of  the laws of 2003 to the department of environmental conservation
   26  for Onondaga lake, reimbursement from the proceeds  of  notes  or  bonds
   27  issued  by the environmental facilities corporation for disbursements of
   28  up to $11,000,000 from any capital  appropriations  or  reappropriations
   29  authorized  by chapter 55 of the laws of 2003 to the department of envi-
   30  ronmental conservation for  environmental  purposes,  and  reimbursement
   31  from  the  proceeds  of notes or bonds issued by the dormitory authority
   32  for disbursements of up to $100,000,000  from  a  capital  appropriation
   33  authorized  by chapter 50 of the laws of 2003 to the department of state
   34  for enhanced 911 wireless service.
   35    S 23. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   36  contrary,  the  comptroller is hereby authorized and directed to deposit
   37  to the credit of the  capital  projects  fund,  reimbursement  from  the
   38  proceeds of notes or bonds issued by the environmental facilities corpo-
   39  ration for a capital appropriation for $28,893,000 authorized by chapter
   40  55  of  the laws of 2004 to the department of environmental conservation
   41  for payment of a portion of the state's match for federal capitalization
   42  grants for the water pollution control revolving loan  fund,  reimburse-
   43  ment from the proceeds of notes or bonds issued by the urban development
   44  corporation  for  disbursements  of  up  to $10,000,000 from any capital
   45  appropriation or reappropriation authorized by chapter 50 of the laws of
   46  2004 to the office of general services for various purposes,  reimburse-
   47  ment  from  the  proceeds  of notes or bonds issued by the environmental
   48  facilities  corporation  for  a  capital  appropriation  of  $11,350,000
   49  authorized  by chapter 55 of the laws of 2004 to the energy research and
   50  development authority for the Western New York Nuclear Service Center at
   51  West Valley, reimbursement from the proceeds of notes or bonds issued by
   52  the environmental facilities corporation, for a capital appropriation of
   53  $10,000,000 authorized by chapter 55 of the laws of 2004 to the  depart-
   54  ment of environmental conservation for Onondaga lake, reimbursement from
   55  the  proceeds  of  notes or bonds issued by the environmental facilities
   56  corporation for disbursements of up  to  $11,000,000  from  any  capital
       S. 6259--D                         51                         A. 9059--D

    1  appropriations  or reappropriations authorized by chapter 55 of the laws
    2  of 2004 to the department of  environmental  conservation  for  environ-
    3  mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
    4  issued  by  the  dormitory  authority  for  a  capital  appropriation of
    5  $80,000,000 authorized by chapter 53 of the laws of 2004 to  the  educa-
    6  tion  department  for  capital  transition  grants  for  transportation,
    7  reimbursement from the proceeds of notes or bonds issued by the dormito-
    8  ry authority for a capital appropriation of $243,325,000  authorized  by
    9  chapter  55 of the laws of 2004 for payment of costs related to economic
   10  development projects, reimbursement from the proceeds of bonds or  notes
   11  issued  by the urban development corporation for a capital appropriation
   12  of $83,500,000 authorized by chapter 53 of the laws of 2006, as  amended
   13  by  chapter 108 of the laws of 2006, for payment of costs related to the
   14  H. H. Richardson complex and the Darwin Martin House, and  reimbursement
   15  from  the  proceeds  of notes or bonds issued by the dormitory authority
   16  for a capital appropriation of $345,750,000 authorized by chapter  3  of
   17  the laws of 2004 for the New York state economic development program.
   18    S  24.  Notwithstanding  any  other  law,  rule,  or regulation to the
   19  contrary, the comptroller is hereby authorized and directed  to  deposit
   20  to  the  credit  of  the  capital  projects fund, reimbursement from the
   21  proceeds of notes or bonds issued by the environmental facilities corpo-
   22  ration for a capital appropriation of $29,602,000 authorized by  chapter
   23  55  of  the laws of 2005 to the department of environmental conservation
   24  for payment of a portion of the state's match for federal capitalization
   25  grants for the water pollution control revolving loan  fund,  reimburse-
   26  ment from the proceeds of notes or bonds issued by the urban development
   27  corporation  for  disbursements  of  up  to $10,000,000 from any capital
   28  appropriation or reappropriation authorized by chapter 50 of the laws of
   29  2005 to the office of general services for various purposes,  reimburse-
   30  ment  from  the  proceeds  of notes or bonds issued by the environmental
   31  facilities  corporation  for  a  capital  appropriation  of  $11,350,000
   32  authorized  by chapter 55 of the laws of 2005 to the energy research and
   33  development authority for the Western New York Nuclear Service Center at
   34  West Valley, reimbursement from the proceeds of notes or bonds issued by
   35  the environmental facilities corporation for a capital appropriation  of
   36  $10,000,000  authorized by chapter 55 of the laws of 2005 to the depart-
   37  ment of environmental conservation for Onondaga lake, reimbursement from
   38  the proceeds of notes or bonds issued by  the  environmental  facilities
   39  corporation  for  disbursements  of  up  to $11,000,000 from any capital
   40  appropriations or reappropriations authorized by chapter 55 of the  laws
   41  of  2005  to  the  department of environmental conservation for environ-
   42  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
   43  issued  by the urban development corporation for a capital appropriation
   44  of $350,000,000 authorized by chapter 55 of the laws  of  2005  for  the
   45  Javits  center, reimbursement from the proceeds of notes or bonds issued
   46  by the dormitory authority for a capital  appropriation  of  $89,750,000
   47  authorized  by  chapter 62 of the laws of 2005 for regional development,
   48  reimbursement from the proceeds of notes or bonds issued by the dormito-
   49  ry authority for a capital appropriation of $249,000,000  authorized  by
   50  chapter  62  of  the  laws  of  2005  for  technology  and  development,
   51  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   52  development  corporation  for  a  capital  appropriation  of $48,517,000
   53  authorized by chapter 162 of the laws of 2005 for  the  New  York  state
   54  economic  development  program, reimbursement from the proceeds of notes
   55  or bonds issued by the  urban  development  corporation  for  a  capital
   56  appropriation  of  $150,000,000  authorized by chapter 62 of the laws of
       S. 6259--D                         52                         A. 9059--D

    1  2005  for  the  higher  education  facilities  capital  matching  grants
    2  program, reimbursement from the proceeds of notes or bonds issued by the
    3  dormitory  authority  or  other financing source for a capital appropri-
    4  ation  of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
    5  office of general services for payment of capital construction costs for
    6  the Elk street parking garage building located in the  city  of  Albany,
    7  reimbursement  from  the  proceeds of notes or bonds issued by the urban
    8  development corporation  for  a  capital  appropriation  of  $15,000,000
    9  authorized  by  chapter  53  of  the laws of 2005 to the state education
   10  department for payment of capital construction costs for  public  broad-
   11  casting  facilities,  reimbursement  from the proceeds of notes or bonds
   12  issued by the urban development corporation for a capital  appropriation
   13  of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
   14  sion of state police for public protection facilities, and reimbursement
   15  from  the  proceeds  of  notes  or bonds issued by the urban development
   16  corporation for capital disbursements of up to $3,000,000 from any capi-
   17  tal appropriation or reappropriation authorized by  chapter  50  of  the
   18  laws  of  2005 to the division of military and naval affairs for various
   19  purposes.
   20    S 25. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   21  contrary,  the  comptroller is hereby authorized and directed to deposit
   22  to the credit of the  capital  projects  fund,  reimbursement  from  the
   23  proceeds of notes or bonds issued by the environmental facilities corpo-
   24  ration for a capital appropriation for $29,600,000 authorized by chapter
   25  55  of  the laws of 2006 to the department of environmental conservation
   26  for payment of a portion of the state's match for federal capitalization
   27  grants for the water pollution control revolving loan  fund,  reimburse-
   28  ment from the proceeds of notes or bonds issued by the urban development
   29  corporation  for  disbursements  of  up  to $20,000,000 from any capital
   30  appropriation or reappropriation authorized by chapter 50 of the laws of
   31  2006 to the office of general services for various purposes,  reimburse-
   32  ment  from  the  proceeds  of notes or bonds issued by the environmental
   33  facilities  corporation  for  a  capital  appropriation  of  $14,000,000
   34  authorized  by chapter 55 of the laws of 2006 to the energy research and
   35  development authority for the Western New York Nuclear Service Center at
   36  West Valley, reimbursement from the proceeds of notes or bonds issued by
   37  the environmental facilities corporation for a capital appropriation  of
   38  $10,000,000  authorized by chapter 55 of the laws of 2006 to the depart-
   39  ment of environmental conservation for Onondaga lake, reimbursement from
   40  the proceeds of notes or bonds issued by  the  environmental  facilities
   41  corporation  for  disbursements  of  up  to $12,000,000 from any capital
   42  appropriations or reappropriations authorized by chapter 55 of the  laws
   43  of  2006  to  the  department of environmental conservation for environ-
   44  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
   45  issued by the urban development corporation for capital disbursements of
   46  up  to  $3,000,000  from  any  capital  appropriation or reappropriation
   47  authorized by chapter 50 of the laws of 2006 to the division of military
   48  and naval affairs for various purposes, reimbursement from the  proceeds
   49  of  notes  or  bonds  issued  by  the  urban development corporation for
   50  disbursements of up to $12,400,000 from  any  capital  appropriation  or
   51  reappropriation  authorized  by  chapter  50  of the laws of 2006 to the
   52  division of state police for public protection facilities, reimbursement
   53  from the proceeds of notes or bonds  issued  by  the  urban  development
   54  corporation  for  a  capital appropriation of $117,000,000 authorized by
   55  chapter 50 of the laws of 2006 to all state departments and agencies for
   56  the purchase of equipment, reimbursement from the proceeds of  notes  or
       S. 6259--D                         53                         A. 9059--D

    1  bonds  issued by the dormitory authority or the urban development corpo-
    2  ration for all or a portion of capital  appropriations  of  $603,050,000
    3  authorized  by  chapter 108 of the laws of 2006 to the urban development
    4  corporation  for economic development/other projects, reimbursement from
    5  the proceeds of notes or bonds issued by the  urban  development  corpo-
    6  ration for a capital appropriation of $269,500,000 authorized by chapter
    7  108 of the laws of 2006 to the dormitory authority or the urban develop-
    8  ment  corporation  for economic development projects, reimbursement from
    9  the proceeds of notes or bonds issued by the dormitory authority or  the
   10  urban   development   corporation   for   a   capital  appropriation  of
   11  $201,500,000 authorized by chapter 108 of the laws of 2006 to the  urban
   12  development  corporation for university development projects, reimburse-
   13  ment from the proceeds of notes or bonds issued by the dormitory author-
   14  ity or for a capital appropriation of $143,000,000 authorized by chapter
   15  108 of the laws  of  2006  to  the  urban  development  corporation  for
   16  cultural  facilities  projects, reimbursement from the proceeds of notes
   17  or bonds issued by the dormitory  authority  or  the  urban  development
   18  corporation  for  capital appropriations totaling $60,000,000 authorized
   19  by chapter 108 of the laws of 2006 to the urban development  corporation
   20  for  energy/environmental  projects,  reimbursement from the proceeds of
   21  notes or bonds issued by the dormitory authority or the  urban  develop-
   22  ment  corporation  for a capital appropriation of $20,000,000 authorized
   23  by chapter 108 of the laws of 2006 to the urban development  corporation
   24  for  a  competitive  solicitation for construction of a pilot cellulosic
   25  ethanol refinery, reimbursement from the  proceeds  of  notes  or  bonds
   26  issued  by the urban development corporation for a capital appropriation
   27  of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
   28  development corporation for services and expenses related to infrastruc-
   29  ture for a new stadium in Queens  county,  and  reimbursement  from  the
   30  proceeds  of  notes or bonds issued by the urban development corporation
   31  for a capital appropriation of $74,700,000 authorized by chapter  55  of
   32  the  laws  of 2006 to the urban development corporation for services and
   33  expenses related to infrastructure improvements to construct a new park-
   34  ing facility at a new stadium in Bronx county,  reimbursement  from  the
   35  proceeds  of  notes  and  bonds  issued  by the environmental facilities
   36  corporation for a capital  appropriation  of  $5,000,000  authorized  by
   37  chapter  55  of  the laws of 2006 to the environmental facilities corpo-
   38  ration for payment for the pipeline for jobs program, reimbursement from
   39  the proceeds of notes or bonds issued by  the  dormitory  authority  for
   40  capital  disbursements  of  up to $14,000,000 from any capital appropri-
   41  ation or reappropriation authorized by chapter 53 of the  laws  of  2006
   42  for the library construction purpose, reimbursement from the proceeds of
   43  notes or bonds issued by the urban development corporation or the dormi-
   44  tory  authority for an appropriation of $1,200,000 authorized by chapter
   45  53 of the laws of 2006 for the towns of Bristol and  Canandaigua  public
   46  water  systems, reimbursement from the proceeds of notes or bonds issued
   47  by the urban development corporation or the dormitory authority  for  an
   48  appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006
   49  for  Belleayre  mountain  ski center, reimbursement from the proceeds of
   50  notes or bonds issued by the urban development corporation or the dormi-
   51  tory authority for an appropriation of $25,000,000 authorized by chapter
   52  53 of the laws of 2006 for the town of Smithtown/Kings Park  psychiatric
   53  center rehabilitation, reimbursement from the proceeds of notes or bonds
   54  issued  by  the urban development corporation or the dormitory authority
   55  for an appropriation of $5,000,000 authorized by chapter 108 of the laws
   56  of 2006 for a state of New York umbilical cord bank, reimbursement  from
       S. 6259--D                         54                         A. 9059--D

    1  the  proceeds  of  notes or bonds issued by the urban development corpo-
    2  ration or the dormitory authority for  an  appropriation  of  $5,500,000
    3  authorized  by  chapter  53 of the laws of 2006 for an Old Gore mountain
    4  ski  bowl  connection, reimbursement from the proceeds of notes or bonds
    5  issued by the urban development corporation or the  dormitory  authority
    6  for  an appropriation of $2,000,000 authorized by chapter 53 of the laws
    7  of 2006 for a Cornell equine drug testing laboratory, reimbursement from
    8  the proceeds of notes or bonds issued by the  urban  development  corpo-
    9  ration  or  the  dormitory  authority for an appropriation of $2,000,000
   10  authorized by chapter 53 of the laws of 2006  for  a  Fredonia  vineyard
   11  laboratory,  reimbursement from the proceeds of notes or bonds issued by
   12  the dormitory authority or the  urban  development  corporation  for  an
   13  appropriation  of  $40,000,000  authorized by chapter 108 of the laws of
   14  2006 for a food testing laboratory, reimbursement from the  proceeds  of
   15  notes  or  bonds  issued  by the New York state thruway authority for an
   16  appropriation of $22,000,000 authorized by chapter 108 of  the  laws  of
   17  2006 to the department of transportation for high speed rail, reimburse-
   18  ment from the proceeds of notes or bonds issued by the urban development
   19  corporation  for  capital  disbursements  of  up to $500,000,000 from an
   20  appropriation authorized by chapter 108 of the laws of 2006 to the urban
   21  development corporation for development of a semiconductor manufacturing
   22  facility, reimbursement from the proceeds of notes or  bonds  issued  by
   23  the  urban  development corporation of up to $150,000,000 from an appro-
   24  priation authorized by chapter 108 of the laws  of  2006  to  the  urban
   25  development  corporation  for  research  and development activities of a
   26  semiconductor manufacturer, and reimbursement from the proceeds of notes
   27  or bonds  issued  by  the  urban  development  corporation  for  capital
   28  disbursements  of  up to $292,385,000 from an appropriation to the urban
   29  development corporation authorized by chapter 108 of the  laws  of  2006
   30  for community revitalization projects.
   31    S  26.  Notwithstanding  any  other  law,  rule,  or regulation to the
   32  contrary, the comptroller is hereby authorized and directed  to  deposit
   33  to  the  credit  of  the  capital  projects fund, reimbursement from the
   34  proceeds of notes or bonds issued by the environmental facilities corpo-
   35  ration for a capital appropriation of $29,600,000 authorized by  chapter
   36  55  of  the laws of 2007 to the department of environmental conservation
   37  for payment of a portion of the state's match for federal capitalization
   38  grants for the water pollution control revolving loan  fund,  reimburse-
   39  ment from the proceeds of notes or bonds issued by the urban development
   40  corporation  for  disbursements  of  up  to $20,000,000 from any capital
   41  appropriation or reappropriation authorized by chapter 50 of the laws of
   42  2007 to the office of general services for various purposes,  reimburse-
   43  ment  from  the  proceeds  of notes or bonds issued by the environmental
   44  facilities  corporation  for  a  capital  appropriation  of  $13,500,000
   45  authorized  by chapter 55 of the laws of 2007 to the energy research and
   46  development authority for the Western New York Nuclear Service Center at
   47  West Valley, reimbursement from the proceeds of notes or bonds issued by
   48  the environmental facilities corporation for a capital appropriation  of
   49  $10,000,000  authorized by chapter 55 of the laws of 2007 to the depart-
   50  ment of environmental conservation for Onondaga lake, reimbursement from
   51  the proceeds of notes or bonds issued by  the  environmental  facilities
   52  corporation  for  disbursements  of  up  to $12,000,000 from any capital
   53  appropriations or reappropriations authorized by chapter 55 of the  laws
   54  of  2007  to  the  department of environmental conservation for environ-
   55  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
   56  issued by the urban development corporation for capital disbursements of
       S. 6259--D                         55                         A. 9059--D

    1  up  to  $3,000,000  from  any  capital  appropriation or reappropriation
    2  authorized by chapter 50 of the laws of 2007 to the division of military
    3  and naval affairs for various purposes, reimbursement from the  proceeds
    4  of  notes  or  bonds  issued  by  the  urban development corporation for
    5  disbursements from a capital appropriation of $50,000,000 authorized  by
    6  chapter  50  of  the  laws  of  2007 to the division of state police for
    7  construction of a Troop G facility, reimbursement from the  proceeds  of
    8  notes or bonds issued by the urban development corporation for disburse-
    9  ments  from  a capital appropriation of $6,000,000 authorized by chapter
   10  50 of the laws of 2007 to the division of state police for  construction
   11  of evidence storage facilities, reimbursement from the proceeds of notes
   12  or  bonds  issued  by  the  dormitory authority or the urban development
   13  corporation for capital appropriations totaling  $77,900,000  authorized
   14  by  chapter  51  of the laws of 2007 to the judiciary for court training
   15  facilities and courthouse improvement projects, reimbursement  from  the
   16  proceeds  of  notes or bonds issued by the urban development corporation
   17  for a capital appropriation of $20,000,000 authorized by chapter  50  of
   18  the  laws of 2007 to all state departments and agencies for the purchase
   19  of equipment, reimbursement from the proceeds of notes or  bonds  issued
   20  by   the   dormitory  authority  for  capital  disbursements  of  up  to
   21  $14,000,000 from any capital appropriation or reappropriation authorized
   22  by chapter 53 of the laws of 2007 for library  construction,  reimburse-
   23  ment from the proceeds of notes or bonds issued by the dormitory author-
   24  ity  for  capital  disbursements  of  up to $60,000,000 from any capital
   25  appropriation or reappropriation authorized by chapter 53 of the laws of
   26  2007 for cultural education storage facilities, reimbursement  from  the
   27  proceeds  of  notes or bonds issued by the urban development corporation
   28  for capital disbursements of up to $15,000,000 from any  capital  appro-
   29  priation or reappropriation authorized by chapter 55 of the laws of 2007
   30  for Roosevelt Island Operating Corporation aerial tramway, reimbursement
   31  from  the  proceeds  of  notes  or bonds issued by the urban development
   32  corporation for capital disbursements of  up  to  $20,000,000  from  any
   33  capital appropriation or reappropriation authorized by chapter 55 of the
   34  laws  of  2007 for Governor's Island, reimbursement from the proceeds of
   35  notes or bonds issued by the urban development corporation  for  capital
   36  disbursements  of  up  to  $7,500,000  from any capital appropriation or
   37  reappropriation authorized by chapter 55 of the laws of 2007 for  Harri-
   38  man  research  and  technology  park, reimbursement from the proceeds of
   39  notes or bonds issued by the urban development corporation  for  capital
   40  disbursements  of  up  to  $7,950,000  from any capital appropriation or
   41  reappropriation authorized by chapter 55 of the laws  of  2007  for  USA
   42  Niagara, and reimbursement from the proceeds of notes or bonds issued by
   43  the  urban  development  corporation  for capital disbursements of up to
   44  $1,300,000 from appropriations authorized by chapter 50 of the  laws  of
   45  2007  made  to  the  office  of  general services for legislative office
   46  building hearing rooms.
   47    S 27. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   48  contrary,  the  comptroller is hereby authorized and directed to deposit
   49  to the credit of the  capital  projects  fund,  reimbursement  from  the
   50  proceeds of notes or bonds issued by the environmental facilities corpo-
   51  ration  for a capital appropriation of $29,600,000 authorized by chapter
   52  55 of the laws of 2008 to the department of  environmental  conservation
   53  for payment of a portion of the state's match for federal capitalization
   54  grants  for  the water pollution control revolving loan fund, reimburse-
   55  ment from the proceeds of notes or bonds issued by the urban development
   56  corporation for a capital appropriation of  $141,000,000  authorized  by
       S. 6259--D                         56                         A. 9059--D

    1  chapter 50 of the laws of 2008 to all state departments and agencies for
    2  the purchase of equipment or systems development, reimbursement from the
    3  proceeds  of  notes or bonds issued by the urban development corporation
    4  for disbursements of up to $45,500,000 from any capital appropriation or
    5  reappropriation  authorized  by  chapter  50  of the laws of 2008 to the
    6  office of general services for various purposes, reimbursement from  the
    7  proceeds of notes or bonds issued by the environmental facilities corpo-
    8  ration  for a capital appropriation of $13,500,000 authorized by chapter
    9  55 of the laws of 2008 to the energy research and development  authority
   10  for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
   11  reimbursement from the proceeds of notes or bonds issued by the environ-
   12  mental facilities corporation for a capital appropriation of $10,000,000
   13  authorized by chapter 55 of the laws of 2008 to the department of  envi-
   14  ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
   15  proceeds of notes or bonds issued by the environmental facilities corpo-
   16  ration for disbursements of up to $12,000,000 from any capital appropri-
   17  ations or reappropriations authorized by chapter 55 of the laws of  2008
   18  to  the  department  of  environmental  conservation  for  environmental
   19  purposes, reimbursement from the proceeds of notes or  bonds  issued  by
   20  the  urban  development  corporation  for capital disbursements of up to
   21  $3,000,000 from any capital appropriation or reappropriation  authorized
   22  by  chapter 50 of the laws of 2008 to the division of military and naval
   23  affairs for various purposes, reimbursement from the proceeds  of  notes
   24  or  bonds  issued  by  the  urban  development corporation for a capital
   25  appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
   26  to the  office  for  technology  for  activities  related  to  broadband
   27  service, reimbursement from the proceeds of notes or bonds issued by the
   28  urban  development corporation for a capital appropriation of $6,000,000
   29  authorized by chapter 50 of the laws of 2008 to the  division  of  state
   30  police for rehabilitation of facilities, reimbursement from the proceeds
   31  of  notes or bonds issued by the dormitory authority of the state of New
   32  York or other financing source for a capital appropriation authorized by
   33  chapter 53 of the laws of 2008 of $14,000,000 to the  education  depart-
   34  ment  for library construction, reimbursement from the proceeds of notes
   35  or bonds issued by the dormitory authority of the state of New  York  or
   36  other financing source for a capital appropriation authorized by chapter
   37  53  of  the  laws of 2008 of $15,000,000 to the education department for
   38  museum renewal projects, reimbursement from the  proceeds  of  notes  or
   39  bonds  issued by the urban development corporation for capital appropri-
   40  ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
   41  urban development corporation for services and expenses related  to  the
   42  investment opportunity fund, reimbursement from the proceeds of notes or
   43  bonds  issued by the urban development corporation for capital appropri-
   44  ation of $18,000,000 authorized by chapter 53 of the laws of 2008 to the
   45  urban development corporation for services and expenses related to  arts
   46  and cultural projects, reimbursement from the proceeds of bonds or notes
   47  issued  by the urban development corporation for a capital appropriation
   48  of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
   49  and community development projects, reimbursement from the  proceeds  of
   50  bonds or notes issued by the urban development corporation for a capital
   51  appropriation  of  $30,000,000  authorized  by chapter 53 of the laws of
   52  2008 for New York city waterfront  development  projects,  reimbursement
   53  from  the  proceeds  of  bonds  or notes issued by the urban development
   54  corporation for a capital appropriation  of  $45,000,000  authorized  by
   55  chapter  53  of  the  laws  of  2008  for  Luther  Forest infrastructure
   56  projects, reimbursement from the proceeds of notes or  bonds  issued  by
       S. 6259--D                         57                         A. 9059--D

    1  the   urban   development   corporation  for  capital  appropriation  of
    2  $35,000,000 authorized by chapter 53 of the laws of 2008  to  the  urban
    3  development  corporation  for services and expenses related to downstate
    4  regional  projects,  reimbursement  from  the proceeds of notes or bonds
    5  issued by the urban development corporation for capital appropriation of
    6  $137,037,000 authorized by chapter 53 of the laws of 2008 to  the  urban
    7  development  corporation  for  services  and expenses related to upstate
    8  city-by-city projects, reimbursement from the proceeds of notes or bonds
    9  issued by the urban development corporation for capital appropriation of
   10  $35,000,000 authorized by chapter 53 of the laws of 2008  to  the  urban
   11  development  corporation  for services and expenses related to the down-
   12  state revitalization projects, reimbursement from the proceeds of  notes
   13  or  bonds issued by the urban development corporation for capital appro-
   14  priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to
   15  the urban development corporation for services and expenses  related  to
   16  the  upstate regional blueprint fund, reimbursement from the proceeds of
   17  notes or bonds issued by the urban development corporation  for  capital
   18  appropriation  of  $25,000,000  authorized  by chapter 53 of the laws of
   19  2008 to the urban development  corporation  for  services  and  expenses
   20  related   to   the   upstate  agricultural  economic  development  fund,
   21  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   22  development   corporation  for  capital  appropriation  of  $350,000,000
   23  authorized by chapter 53 of the laws of 2008 to  the  urban  development
   24  corporation  for  services  and  expenses  related to the New York state
   25  capital assistance program, reimbursement from the proceeds of notes  or
   26  bonds  issued by the urban development corporation for capital appropri-
   27  ation of $350,000,000 authorized by chapter 53 of the laws  of  2008  to
   28  the  urban  development corporation for services and expenses related to
   29  the  New  York  state  economic  development  assistance  program,   and
   30  reimbursement  from  the  proceeds of notes or bonds issued by the urban
   31  development corporation for capital appropriation of $20,000,000 author-
   32  ized by chapter 55 of the laws of 2008 to the urban  development  corpo-
   33  ration  for  services  and expenses related to the empire state economic
   34  development fund.
   35    S 28. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   36  contrary,  the  comptroller is hereby authorized and directed to deposit
   37  to the credit of the  capital  projects  fund,  reimbursement  from  the
   38  proceeds of notes or bonds issued by the environmental facilities corpo-
   39  ration  for a capital appropriation of $29,600,000 authorized by chapter
   40  55 of the laws of 2009 to the department of  environmental  conservation
   41  for payment of a portion of the state's match for federal capitalization
   42  grants  for  the water pollution control revolving loan fund, reimburse-
   43  ment from the proceeds of notes or bonds issued by the urban development
   44  corporation for a capital appropriation of  $129,800,000  authorized  by
   45  chapter 50 of the laws of 2009 to all state departments and agencies for
   46  the purchase of equipment or systems development, reimbursement from the
   47  proceeds  of  notes or bonds issued by the urban development corporation
   48  for disbursements of up to $24,000,000 from any capital appropriation or
   49  reappropriation authorized by chapter 50 of the  laws  of  2009  to  the
   50  office  of general services for various purposes, reimbursement from the
   51  proceeds of notes or bonds issued by the environmental facilities corpo-
   52  ration for a capital appropriation of $13,500,000 authorized by  chapter
   53  55  of the laws of 2009 to the energy research and development authority
   54  for the  Western  New  York  Nuclear  Service  Center  at  West  Valley,
   55  reimbursement from the proceeds of notes or bonds issued by the environ-
   56  mental facilities corporation for a capital appropriation of $10,000,000
       S. 6259--D                         58                         A. 9059--D

    1  authorized  by chapter 55 of the laws of 2009 to the department of envi-
    2  ronmental  conservation  for  Onondaga  lake,  reimbursement  from   the
    3  proceeds of notes or bonds issued by the environmental facilities corpo-
    4  ration for disbursements of up to $12,000,000 from any capital appropri-
    5  ations  or reappropriations authorized by chapter 55 of the laws of 2009
    6  to  the  department  of  environmental  conservation  for  environmental
    7  purposes,  reimbursement  from  the proceeds of notes or bonds issued by
    8  the urban development corporation for capital  disbursements  of  up  to
    9  $3,000,000  from any capital appropriation or reappropriation authorized
   10  by chapter 50 of the laws of 2009 to the division of military and  naval
   11  affairs  for  various purposes, reimbursement from the proceeds of notes
   12  or bonds issued by the  urban  development  corporation  for  a  capital
   13  appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
   14  to  the  division  of  state  police  for  rehabilitation of facilities,
   15  reimbursement from the proceeds of notes or bonds issued by the dormito-
   16  ry authority of the state of New York or other financing  source  for  a
   17  capital  appropriation  authorized  by chapter 53 of the laws of 2009 of
   18  $14,000,000 to the state education department for library  construction,
   19  reimbursement from the proceeds of notes or bonds issued by the dormito-
   20  ry  authority  of  the state of New York or other financing source for a
   21  capital appropriation of $4,000,000 to the  state  education  department
   22  for  rehabilitation  associated  with  the  St.  Regis Mohawk elementary
   23  school authorized by chapter 53 of the laws of  2009  and  reimbursement
   24  from  the  proceeds  of  notes  or bonds issued by the urban development
   25  corporation for capital appropriation of $25,000,000 authorized by chap-
   26  ter 55 of the laws of 2009 to  the  urban  development  corporation  for
   27  services  and  expenses related to the empire state economic development
   28  fund.
   29    S 29. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   30  contrary,  the  comptroller is hereby authorized and directed to deposit
   31  to the credit of the  capital  projects  fund,  reimbursement  from  the
   32  proceeds of notes or bonds issued by the environmental facilities corpo-
   33  ration  for a capital appropriation of $29,600,000 authorized by chapter
   34  55 of the laws of 2010 to the department of  environmental  conservation
   35  for payment of a portion of the state's match for federal capitalization
   36  grants  for  the water pollution control revolving loan fund, reimburse-
   37  ment from the proceeds of notes or bonds issued by the urban development
   38  corporation for a capital appropriation of  $187,285,000  authorized  by
   39  chapter 50 of the laws of 2010 to all state departments and agencies for
   40  the purchase of equipment or systems development, reimbursement from the
   41  proceeds  of  notes or bonds issued by the urban development corporation
   42  for disbursements of up to $26,950,000 from any capital appropriation or
   43  reappropriation authorized by chapter 50 of the  laws  of  2010  to  the
   44  office  of general services for various purposes, reimbursement from the
   45  proceeds of notes or bonds issued by the environmental facilities corpo-
   46  ration for a capital appropriation of $5,000,000 authorized  by  chapter
   47  55  of  the laws of 2010 to the department of environmental conservation
   48  for Onondaga lake, reimbursement from the proceeds  of  notes  or  bonds
   49  issued  by the environmental facilities corporation for disbursements of
   50  up to $12,000,000 from any capital  appropriations  or  reappropriations
   51  authorized  by chapter 55 of the laws of 2010 to the department of envi-
   52  ronmental conservation for environmental  purposes,  reimbursement  from
   53  the  proceeds  of  notes or bonds issued by the urban development corpo-
   54  ration for capital disbursements of up to $3,000,000  from  any  capital
   55  appropriation or reappropriation authorized by chapter 50 of the laws of
   56  2010 to the division of military and naval affairs for various purposes,
       S. 6259--D                         59                         A. 9059--D

    1  reimbursement  from  the  proceeds of notes or bonds issued by the urban
    2  development  corporation  for  a  capital  appropriation  of  $6,000,000
    3  authorized  by  chapter  50 of the laws of 2010 to the division of state
    4  police for rehabilitation of facilities, reimbursement from the proceeds
    5  of  notes or bonds issued by the dormitory authority of the state of New
    6  York  or  other  financing  source  for  a  capital   appropriation   of
    7  $14,000,000  authorized  by  chapter 53 of the laws of 2010 to the state
    8  education department for library construction, reimbursements  from  the
    9  proceeds  of  notes  or  bonds  issued by the dormitory authority of the
   10  state of New York or other financing source for a capital  appropriation
   11  of  $20,400,000  authorized  by  chapter  100 of the laws of 2010 to the
   12  state  education  department  for  the  longitudinal  data  system   and
   13  reimbursement from the proceeds of notes or bonds issued by the dormito-
   14  ry  authority  of  the state of New York or other financing source for a
   15  capital appropriation of $42,000,000  for  the  state  preparedness  and
   16  training center.
   17    S  30.  Notwithstanding  any  other  law,  rule,  or regulation to the
   18  contrary, the comptroller is hereby authorized and directed  to  deposit
   19  to  the  credit  of  the  capital  projects fund, reimbursement from the
   20  proceeds of notes or bonds issued by the environmental facilities corpo-
   21  ration for a capital appropriation of $35,000,000 authorized by a  chap-
   22  ter  of the laws of 2011 to the department of environmental conservation
   23  for payment of a portion of the state's match for federal capitalization
   24  grants for the water pollution control revolving loan  fund,  reimburse-
   25  ment from the proceeds of notes or bonds issued by the urban development
   26  corporation  for  a capital appropriation of $92,751,000 authorized by a
   27  chapter of the laws of 2011 to all state departments  and  agencies  for
   28  the purchase of equipment or systems development, reimbursement from the
   29  proceeds  of  notes or bonds issued by the urban development corporation
   30  for disbursements of up to $40,000,000 from any capital appropriation or
   31  reappropriation authorized by a chapter of  the  laws  of  2011  to  the
   32  office  of general services for various purposes, reimbursement from the
   33  proceeds of notes or bonds issued by the environmental facilities corpo-
   34  ration for disbursements of up to $12,000,000 from any capital appropri-
   35  ations or reappropriations authorized by a chapter of the laws  of  2011
   36  to  the  department  of  environmental  conservation  for  environmental
   37  purposes, reimbursement from the proceeds of notes or  bonds  issued  by
   38  the  urban  development  corporation  for capital disbursements of up to
   39  $3,000,000 from any capital appropriation or reappropriation  authorized
   40  by  a  chapter of the laws of 2011 to the division of military and naval
   41  affairs for various purposes, reimbursement from the proceeds  of  notes
   42  or  bonds  issued  by  the  urban  development corporation for a capital
   43  appropriation of $6,000,000 authorized by a chapter of the laws of  2011
   44  to  the  division  of  state  police  for  rehabilitation of facilities,
   45  reimbursement from the proceeds of notes or bonds issued by the dormito-
   46  ry authority of the state of New York or other financing  source  for  a
   47  capital appropriation of $14,000,000 authorized by a chapter of the laws
   48  of  2011  to  the  state  education department for library construction,
   49  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   50  development   corporation  for  capital  appropriation  of  $130,550,000
   51  authorized by a chapter of the laws of 2011  to  the  urban  development
   52  corporation  for  services and expenses related to the regional economic
   53  development council initiative, reimbursement from the proceeds of notes
   54  or bonds issued by the urban development corporation for capital  appro-
   55  priation  of  $50,000,000 authorized by a chapter of the laws of 2011 to
   56  the urban development corporation for services and expenses  related  to
       S. 6259--D                         60                         A. 9059--D

    1  the  economic  transformation program.  Reimbursements from the proceeds
    2  of notes or bonds  issued  by  the  urban  development  corporation  for
    3  disbursements  of  up  to  $40,000,000 from any capital appropriation or
    4  reappropriation  authorized  by  a  chapter  of  the laws of 2011 to the
    5  office of general services for various purposes.
    6    S 31. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    7  contrary,  the  comptroller is hereby authorized and directed to deposit
    8  to the credit of the  capital  projects  fund,  reimbursement  from  the
    9  proceeds of notes or bonds issued by the environmental facilities corpo-
   10  ration  for a capital appropriation of $35,000,000 authorized by a chap-
   11  ter of the laws of 2012 to the department of environmental  conservation
   12  for payment of a portion of the state's match for federal capitalization
   13  grants  for  the water pollution control revolving loan fund, reimburse-
   14  ment from the proceeds of notes or bonds issued by the urban development
   15  corporation for disbursements of up  to  $26,000,000  from  any  capital
   16  appropriation  or reappropriation authorized by a chapter of the laws of
   17  2012 to the office of general services for various purposes,  reimburse-
   18  ment  from  the  proceeds  of notes or bonds issued by the environmental
   19  facilities corporation for disbursements of up to $12,000,000  from  any
   20  capital  appropriations  or  reappropriations authorized by a chapter of
   21  the laws of 2012 to the department  of  environmental  conservation  for
   22  environmental  purposes,  reimbursement  from  the  proceeds of notes or
   23  bonds issued by the urban development corporation for capital  disburse-
   24  ments  of up to $3,000,000 from any capital appropriation or reappropri-
   25  ation authorized by a chapter of the laws of 2012  to  the  division  of
   26  military  and naval affairs for various purposes, reimbursement from the
   27  proceeds of notes or bonds issued by the urban  development  corporation
   28  for a capital appropriation of $6,000,000 authorized by a chapter of the
   29  laws  of  2012  to  the  division  of state police for rehabilitation of
   30  facilities, reimbursement from the proceeds of notes or bonds issued  by
   31  the  dormitory  authority  of  the  state of New York or other financing
   32  source for a capital appropriation of $14,000,000 authorized by a  chap-
   33  ter  of  the  laws of 2012 to the state education department for library
   34  construction, reimbursement from the proceeds of notes or  bonds  issued
   35  by the thruway authority, the dormitory authority and the urban develop-
   36  ment  corporation for a capital appropriation of $770,000,000 authorized
   37  by a chapter of the laws of  2012  to  the  metropolitan  transportation
   38  authority for various purposes, reimbursement from the proceeds of notes
   39  or  bonds issued by the thruway authority for a capital appropriation of
   40  $15,000,000 authorized by a chapter of the laws of 2012 to  the  depart-
   41  ment  of  transportation  for  improvement  of  the  peace bridge plaza,
   42  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   43  development  corporation  for  a  capital  appropriation of $130,000,000
   44  authorized by a chapter of the laws of 2012  to  the  urban  development
   45  corporation  for  services and expenses related to the regional economic
   46  development council initiative, reimbursement from the proceeds of notes
   47  or bonds issued by the  urban  development  corporation  for  a  capital
   48  appropriation of $75,000,000 authorized by a chapter of the laws of 2012
   49  to  the  urban development corporation for services and expenses related
   50  to the New York works economic development fund, reimbursement from  the
   51  proceeds  of  notes or bonds issued by the urban development corporation
   52  for a capital appropriation of $75,000,000 authorized by  a  chapter  of
   53  the  laws  of 2012 to the urban development corporation for services and
   54  expenses related to the buffalo regional innovation cluster,  reimburse-
   55  ment from the proceeds of notes or bonds issued by the urban development
   56  corporation  for a capital appropriation of $250,000,000 authorized by a
       S. 6259--D                         61                         A. 9059--D

    1  chapter of the laws of 2012 to the  urban  development  corporation  for
    2  services  and  expenses  related  to  the  state  university of New York
    3  college for nanoscale and science engineering project.
    4    S  31-a.  For  purposes  of sections twenty through thirty-one of this
    5  act, the comptroller is also hereby authorized and directed  to  deposit
    6  to  the  credit  of  any  capital  projects fund, reimbursement from the
    7  proceeds of bonds and notes issued by any authorized issuer, as  defined
    8  by  section  68-a  of  the state finance law, in the amounts and for the
    9  purposes listed in such sections.
   10    S 32. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   11  contrary,  the  comptroller is hereby authorized and directed to deposit
   12  to the credit of the state university residence hall rehabilitation fund
   13  (074), reimbursement from the proceeds of notes or bonds issued  by  the
   14  dormitory  authority  of the state of New York for capital disbursements
   15  of up to $331,000,000 from any appropriation or reappropriation  author-
   16  ized by a chapter of the laws of 2012.
   17    S  33.  Notwithstanding  any  other  law,  rule,  or regulation to the
   18  contrary, the comptroller is hereby authorized and directed  to  deposit
   19  to  the  credit  of  the  city  university  special  revenue fund (377),
   20  reimbursement from the proceeds of notes or bonds issued by the Dormito-
   21  ry Authority of the State of New York for capital disbursements of up to
   22  $20,000,000 from any  appropriation  or  reappropriation  authorized  by
   23  chapter  53  of  the laws of 2009 to the city university of New York for
   24  various purposes.
   25    S 34. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   26  contrary, the state comptroller is hereby authorized and directed to use
   27  any  balance  remaining  in the mental health services fund debt service
   28  appropriation, after payment by the state comptroller of all obligations
   29  required pursuant to any lease, sublease, or other financing arrangement
   30  between the dormitory authority of the state of New York as successor to
   31  the New York state medical  care  facilities  finance  agency,  and  the
   32  facilities development corporation pursuant to chapter 83 of the laws of
   33  1995  and  the  department  of  mental hygiene for the purpose of making
   34  payments to the dormitory authority of the state of  New  York  for  the
   35  amount  of  the  earnings  for the investment of monies deposited in the
   36  mental health services fund that such agency determines will or may have
   37  to be rebated to the federal government pursuant to  the  provisions  of
   38  the  internal  revenue code of 1986, as amended, in order to enable such
   39  agency to maintain the exemption from federal  income  taxation  on  the
   40  interest paid to the holders of such agency's mental services facilities
   41  improvement revenue bonds. On or before June 30, 2012, such agency shall
   42  certify  to  the  state  comptroller  its  determination  of the amounts
   43  received in the mental health services fund as a result of  the  invest-
   44  ment  of monies deposited therein that will or may have to be rebated to
   45  the federal government pursuant to the provisions of the internal reven-
   46  ue code of 1986, as amended.
   47    S 35. (1) Notwithstanding any other law, rule, or  regulation  to  the
   48  contrary,  the state comptroller shall at the commencement of each month
   49  certify to the director of the budget, the commissioner of environmental
   50  conservation, the chair of the senate finance committee, and  the  chair
   51  of  the assembly ways and means committee the amounts disbursed from all
   52  appropriations for hazardous waste site  remediation  disbursements  for
   53  the month preceding such certification.
   54    (2)  Notwithstanding any law to the contrary, prior to the issuance by
   55  the comptroller of bonds authorized pursuant to subdivision a of section
   56  4 of the environmental quality bond act of nineteen hundred  eighty-six,
       S. 6259--D                         62                         A. 9059--D

    1  as  enacted  by  chapter 511 of the laws of 1986, disbursements from all
    2  appropriations for that purpose shall first be  reimbursed  from  moneys
    3  credited  to  the  hazardous waste remedial fund, site investigation and
    4  construction  account,  to  the  extent  moneys  are  available  in such
    5  account. For purposes of determining moneys available in  such  account,
    6  the  commissioner  of  environmental  conservation  shall certify to the
    7  comptroller the amounts required for  administration  of  the  hazardous
    8  waste remedial program.
    9    (3)  The comptroller is hereby authorized and directed to transfer any
   10  balance above the amounts certified by the commissioner of environmental
   11  conservation to reimburse disbursements pursuant to  all  appropriations
   12  from  such site investigation and construction account; provided, howev-
   13  er, that if such transfers are  determined  by  the  comptroller  to  be
   14  insufficient  to  assure  that  interest  paid to holders of state obli-
   15  gations issued for hazardous waste purposes  pursuant  to  the  environ-
   16  mental  quality  bond  act of nineteen hundred eighty-six, as enacted by
   17  chapter 511 of the laws of 1986, is exempt from federal income taxation,
   18  the comptroller is hereby authorized and directed to transfer, from such
   19  site investigation and construction account to  the  general  fund,  the
   20  amount  necessary  to  redeem bonds in an amount necessary to assure the
   21  continuation of such tax exempt status. Prior to the making of any  such
   22  transfers,  the  comptroller  shall notify the director of the budget of
   23  the amount of such transfers.
   24    S 36. Subdivision 2 of section 68-a  of  the  state  finance  law,  as
   25  amended  by  section 36 of part BB of chapter 58 of the laws of 2011, is
   26  amended to read as follows:
   27    2. "Authorized purpose" for purposes of this article and section nine-
   28  ty-two-z of this chapter shall mean any purposes  for  which  state-sup-
   29  ported debt, as defined by section sixty-seven-a of this chapter, may or
   30  has  been  issued  except  debt  for which the state is constitutionally
   31  obligated thereunder to pay  debt  service  and  related  expenses,  and
   32  except  (a) as authorized in paragraph (b) of subdivision one of section
   33  three hundred eighty-five of the public authorities law, (b) as  author-
   34  ized for the department of health of the state of New York facilities as
   35  specified  in  paragraph a of subdivision two of section sixteen hundred
   36  eighty of the public authorities law, (c) state university of  New  York
   37  dormitory  facilities  as  specified  in  subdivision  eight  of section
   38  sixteen hundred seventy-eight of the public authorities law, and (d)  as
   39  authorized  for  mental  health services facilities by section nine-a of
   40  section one of chapter three hundred ninety-two of the laws of  nineteen
   41  hundred  seventy-three  constituting  the  New  York  state medical care
   42  facilities financing act. Notwithstanding the provisions of  clause  (d)
   43  of  this  subdivision,  for  the  period  April first, two thousand nine
   44  through March  thirty-first,  two  thousand  [twelve]  THIRTEEN,  mental
   45  health  services  facilities, as authorized by section nine-a of section
   46  one of chapter three hundred ninety-two of the laws of nineteen  hundred
   47  seventy-three  constituting  the  New York state medical care facilities
   48  financing act, shall constitute an authorized purpose.
   49    S 36-a. Section 73 of the state finance law, as added by section 41 of
   50  part JJ of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
   51  follows:
   52    S  73.  Federal  interest  subsidy payments. Notwithstanding any other
   53  provision of law to the contrary,  the  comptroller  shall  deposit  any
   54  federal  interest  subsidy payments received by the state for state-sup-
   55  ported debt issued as build America bonds  (BABS)  OR  QUALIFIED  SCHOOL
   56  CONSTRUCTION  BONDS  (QSCBS),  as  authorized  pursuant  to the American
       S. 6259--D                         63                         A. 9059--D

    1  Recovery and Reinvestment Act of 2009 (ARRA), as amended or pursuant  to
    2  any  successor authorization, to each respective debt service fund which
    3  relates to such bonds.
    4    S  37.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
    5  finance law, as added by section 35 of part JJ of chapter 56 of the laws
    6  of 2010, is amended to read as follows:
    7    (b) On or before the beginning of each quarter, the  director  of  the
    8  budget  may  certify  to  the  state comptroller the estimated amount of
    9  monies that shall be reserved in the general debt service fund  for  the
   10  payment of debt service and related expenses payable by such fund during
   11  each  month  of  the  state fiscal year, excluding payments due from the
   12  revenue bond tax fund. Such certificate may be periodically updated,  as
   13  necessary.  Notwithstanding  any  provision  of law to the contrary, the
   14  state comptroller shall reserve in the general  debt  service  fund  the
   15  amount  of  monies  identified  on such certificate as necessary for the
   16  payment of debt service and related expenses during the current or  next
   17  succeeding  quarter of the state fiscal year. Such monies reserved shall
   18  not be available for  any  other  purpose.  Such  certificate  shall  be
   19  reported  to  the  chairpersons  of the Senate Finance Committee and the
   20  Assembly Ways and Means Committee.  The  provisions  of  this  paragraph
   21  shall expire June thirtieth, two thousand [twelve] FOURTEEN.
   22    S  38.  Subdivision 3 of section 1285-p of the public authorities law,
   23  as amended by section 38 of part BB of chapter 58 of the laws  of  2011,
   24  is amended to read as follows:
   25    3.  The  maximum amount of bonds that may be issued for the purpose of
   26  financing  environmental  infrastructure  projects  authorized  by  this
   27  section shall be [nine hundred fifteen million seven hundred forty-seven
   28  thousand]  ONE  BILLION ONE HUNDRED EIGHTEEN MILLION SEVEN HUNDRED SIXTY
   29  THOUSAND dollars, exclusive of bonds issued to  fund  any  debt  service
   30  reserve  funds,  pay costs of issuance of such bonds, and bonds or notes
   31  issued to refund or otherwise repay bonds or  notes  previously  issued.
   32  Such  bonds  and  notes  of  the  corporation shall not be a debt of the
   33  state, and the state shall not be liable  thereon,  nor  shall  they  be
   34  payable  out  of any funds other than those appropriated by the state to
   35  the corporation for debt service and related expenses  pursuant  to  any
   36  service  contracts executed pursuant to subdivision one of this section,
   37  and such bonds and notes shall contain on the face thereof  a  statement
   38  to such effect.
   39    S  39.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
   40  laws of 2005, relating to providing for the  administration  of  certain
   41  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
   42  section 39 of part BB of chapter 58 of the laws of 2011, is  amended  to
   43  read as follows:
   44    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
   45  notwithstanding any provisions of law  to  the  contrary,  one  or  more
   46  authorized  issuers  as defined by section 68-a of the state finance law
   47  are hereby authorized to issue bonds or notes in one or more  series  in
   48  an  aggregate  principal amount not to exceed [$21,000,000] $24,000,000,
   49  excluding bonds issued to finance  one  or  more  debt  service  reserve
   50  funds, to pay costs of issuance of such bonds, and bonds or notes issued
   51  to  refund or otherwise repay such bonds or notes previously issued, for
   52  the purpose of financing capital projects for public protection  facili-
   53  ties  in  the  Division  of Military and Naval Affairs, debt service and
   54  leases; and to reimburse the state general fund for  disbursements  made
   55  therefor.  Such bonds and notes of such authorized issuer shall not be a
   56  debt of the state, and the state shall not be liable thereon, nor  shall
       S. 6259--D                         64                         A. 9059--D

    1  they  be  payable  out of any funds other than those appropriated by the
    2  state to such authorized issuer for debt service  and  related  expenses
    3  pursuant to any service contract executed pursuant to subdivision (b) of
    4  this  section and such bonds and notes shall contain on the face thereof
    5  a statement to such effect. Except for purposes of  complying  with  the
    6  internal revenue code, any interest income earned on bond proceeds shall
    7  only be used to pay debt service on such bonds.
    8    S 40. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    9  of  1997,  relating  to  the  financing  of  the correctional facilities
   10  improvement fund and the youth facility improvement fund, as amended  by
   11  section  42  of part BB of chapter 58 of the laws of 2011, is amended to
   12  read as follows:
   13    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
   14  notwithstanding the provisions of section 18 of section 1 of chapter 174
   15  of the laws of 1968, the New York state urban development corporation is
   16  hereby  authorized  to  issue  bonds,  notes and other obligations in an
   17  aggregate principal amount  not  to  exceed  six  billion  [four]  EIGHT
   18  hundred  [ninety]  SIXTEEN million [four] EIGHT hundred sixty-nine thou-
   19  sand dollars [$6,490,469,000]  $6,816,869,000,  and  shall  include  all
   20  bonds,  notes and other obligations issued pursuant to chapter 56 of the
   21  laws of 1983, as amended or supplemented. The proceeds  of  such  bonds,
   22  notes  or  other  obligations shall be paid to the state, for deposit in
   23  the correctional facilities capital improvement fund to pay for  all  or
   24  any  portion  of  the amount or amounts paid by the state from appropri-
   25  ations or reappropriations made to the  department  of  corrections  and
   26  community  supervision from the correctional facilities capital improve-
   27  ment fund for capital projects. The aggregate amount of bonds, notes  or
   28  other obligations authorized to be issued pursuant to this section shall
   29  exclude  bonds, notes or other obligations issued to refund or otherwise
   30  repay bonds, notes or other obligations theretofore issued, the proceeds
   31  of which were paid to the state for all or  a  portion  of  the  amounts
   32  expended  by  the  state from appropriations or reappropriations made to
   33  the department  of  corrections  and  community  supervision;  provided,
   34  however,  that  upon any such refunding or repayment the total aggregate
   35  principal amount of outstanding bonds, notes or other obligations may be
   36  greater than six billion [four] EIGHT hundred [ninety]  SIXTEEN  million
   37  [four]   EIGHT  hundred  sixty-nine  thousand  dollars  [$6,490,469,000]
   38  $6,816,869,000, only if the present value of the aggregate debt  service
   39  of  the  refunding  or repayment bonds, notes or other obligations to be
   40  issued shall not exceed the present value of the aggregate debt  service
   41  of  the  bonds,  notes or other obligations so to be refunded or repaid.
   42  For the purposes hereof, the present value of the aggregate debt service
   43  of the refunding or repayment bonds, notes or other obligations  and  of
   44  the  aggregate  debt service of the bonds, notes or other obligations so
   45  refunded or repaid, shall  be  calculated  by  utilizing  the  effective
   46  interest  rate of the refunding or repayment bonds, notes or other obli-
   47  gations, which shall be that rate arrived at by doubling the semi-annual
   48  interest rate (compounded semi-annually) necessary to discount the  debt
   49  service  payments  on  the  refunding or repayment bonds, notes or other
   50  obligations from the payment dates thereof to the date of issue  of  the
   51  refunding  or  repayment  bonds,  notes  or other obligations and to the
   52  price bid including estimated accrued interest or proceeds  received  by
   53  the corporation including estimated accrued interest from the sale ther-
   54  eof.
       S. 6259--D                         65                         A. 9059--D

    1    S  41.  Paragraph  (a) of subdivision 2 of section 47-e of the private
    2  housing finance law, as amended by section 44 of part BB of  chapter  58
    3  of the laws of 2011, is amended to read as follows:
    4    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    5  thousand,  in  order  to  enhance and encourage the promotion of housing
    6  programs and thereby achieve the stated purposes and objectives of  such
    7  housing  programs, the agency shall have the power and is hereby author-
    8  ized from time to time to issue negotiable  housing  program  bonds  and
    9  notes  in  such principal amount as shall be necessary to provide suffi-
   10  cient funds for the repayment of amounts disbursed (and  not  previously
   11  reimbursed)  pursuant  to law or any prior year making capital appropri-
   12  ations or reappropriations for the  purposes  of  the  housing  program;
   13  provided,  however, that the agency may issue such bonds and notes in an
   14  aggregate principal amount not exceeding two billion [six] SEVEN hundred
   15  [thirty-six] FORTY  million  [four]  SIX  hundred  ninety-nine  thousand
   16  dollars,  plus  a  principal  amount  of  bonds  issued to fund the debt
   17  service reserve fund in accordance with the debt  service  reserve  fund
   18  requirement  established  by  the  agency and to fund any other reserves
   19  that the agency reasonably deems necessary for the security or  marketa-
   20  bility  of  such  bonds and to provide for the payment of fees and other
   21  charges and expenses,  including  underwriters'  discount,  trustee  and
   22  rating  agency  fees,  bond  insurance, credit enhancement and liquidity
   23  enhancement related to the issuance of such bonds and notes. No  reserve
   24  fund securing the housing program bonds shall be entitled or eligible to
   25  receive  state  funds apportioned or appropriated to maintain or restore
   26  such reserve fund at or to a particular level, except to the  extent  of
   27  any  deficiency  resulting  directly or indirectly from a failure of the
   28  state to appropriate or pay the agreed amount under any of the contracts
   29  provided for in subdivision four of this section.
   30    S 42. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
   31  1991,  amending  the  state  finance  law and other laws relating to the
   32  establishment of the dedicated highway and bridge trust fund, as amended
   33  by section 46 of part BB of chapter 58 of the laws of 2011,  is  amended
   34  to read as follows:
   35    (b) Any service contract or contracts for projects authorized pursuant
   36  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
   37  14-k of the transportation law, and entered into pursuant to subdivision
   38  (a) of this section, shall provide  for  state  commitments  to  provide
   39  annually  to  the  thruway  authority a sum or sums, upon such terms and
   40  conditions as shall be deemed appropriate by the director of the budget,
   41  to fund, or fund the debt service requirements of any bonds or any obli-
   42  gations of the thruway authority issued to fund such projects  having  a
   43  cost  not  in  excess of [$6,695,169,000] $7,106,022,000 cumulatively by
   44  the end of fiscal year [2011-12] 2012-13.
   45    S 43. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
   46  constituting  the  New  York state urban development corporation act, as
   47  added by section 58 of part BB of chapter 58 of the  laws  of  2011,  is
   48  amended to read as follows:
   49    S  44.  1.  Notwithstanding  the  provisions  of  any other law to the
   50  contrary, the dormitory authority and the corporation are hereby author-
   51  ized to issue bonds or notes in one or more series for  the  purpose  of
   52  funding  project  costs  for  the  regional economic development council
   53  initiative, the economic transformation program, STATE UNIVERSITY OF NEW
   54  YORK COLLEGE FOR NANOSCALE AND SCIENCE ENGINEERING, PROJECTS WITHIN  THE
   55  CITY OF BUFFALO OR SURROUNDING ENVIRONS, AND THE NEW YORK WORKS ECONOMIC
   56  DEVELOPMENT  FUND  and  other state costs associated with such projects.
       S. 6259--D                         66                         A. 9059--D

    1  The aggregate principal amount of bonds authorized to be issued pursuant
    2  to this section shall  not  exceed  [one]  SEVEN  hundred  [eighty]  TEN
    3  million  five  hundred fifty thousand dollars, excluding bonds issued to
    4  fund one or more debt service reserve funds, to pay costs of issuance of
    5  such  bonds, and bonds or notes issued to refund or otherwise repay such
    6  bonds or notes previously issued. Such bonds and notes of the  dormitory
    7  authority  and the corporation shall not be a debt of the state, and the
    8  state shall not be liable thereon, nor shall they be payable out of  any
    9  funds  other  than  those  appropriated  by  the  state to the dormitory
   10  authority and the  corporation  for  principal,  interest,  and  related
   11  expenses  pursuant  to a service contract and such bonds and notes shall
   12  contain on the face thereof a statement to  such  effect.    Except  for
   13  purposes  of  complying  with  the  internal  revenue code, any interest
   14  income earned on bond proceeds shall only be used to pay debt service on
   15  such bonds.
   16    2. Notwithstanding any other provision of  law  to  the  contrary,  in
   17  order to assist the dormitory authority and the corporation in undertak-
   18  ing  the  financing for project costs for the regional economic develop-
   19  ment council initiative,  the  economic  transformation  program,  STATE
   20  UNIVERSITY  OF  NEW  YORK COLLEGE FOR NANOSCALE AND SCIENCE ENGINEERING,
   21  PROJECTS WITHIN THE CITY OF BUFFALO OR SURROUNDING ENVIRONS AND THE  NEW
   22  YORK  WORKS  ECONOMIC  DEVELOPMENT FUND and other state costs associated
   23  with such projects, the director of the budget is hereby  authorized  to
   24  enter  into  one  or more service contracts with the dormitory authority
   25  and the corporation, none of which shall exceed thirty  years  in  dura-
   26  tion,  upon  such terms and conditions as the director of the budget and
   27  the dormitory authority and the corporation agree,  so  as  to  annually
   28  provide  to  the  dormitory authority and the corporation, in the aggre-
   29  gate, a sum not to exceed the principal, interest, and related  expenses
   30  required  for  such  bonds  and notes. Any service contract entered into
   31  pursuant to this section shall provide that the obligation of the  state
   32  to  pay  the  amount therein provided shall not constitute a debt of the
   33  state within the meaning of any constitutional  or  statutory  provision
   34  and shall be deemed executory only to the extent of monies available and
   35  that  no  liability  shall  be  incurred  by the state beyond the monies
   36  available for such purpose,  subject  to  annual  appropriation  by  the
   37  legislature. Any such contract or any payments made or to be made there-
   38  under  may  be  assigned  and pledged by the dormitory authority and the
   39  corporation as security for its bonds and notes, as authorized  by  this
   40  section.
   41    S  44.  Section  1680-o  of  the public authorities law, as amended by
   42  section 49-b of part PP of chapter 56 of the laws of 2009, is amended to
   43  read as follows:
   44    S  1680-o.  Courthouse  improvements  and  training   facilities.   1.
   45  Notwithstanding  the  provisions  of  any other law to the contrary, the
   46  authority and the urban development corporation are hereby authorized to
   47  issue bonds or notes in one or more series for the  purpose  of  funding
   48  project  costs  for eligible courthouse improvements[, drug courts,] and
   49  training facilities. The aggregate principal amount of bonds  authorized
   50  to  be  issued  pursuant  to this section shall not exceed [eighty-five]
   51  SEVENTY-SIX million [nine] ONE hundred thousand dollars, excluding bonds
   52  issued to fund one or more debt service reserve funds, to pay  costs  of
   53  issuance of such bonds, and bonds or notes issued to refund or otherwise
   54  repay such bonds or notes previously issued. Such bonds and notes of the
   55  authority  and  the urban development corporation shall not be a debt of
   56  the state, and the state shall not be liable thereon, nor shall they  be
       S. 6259--D                         67                         A. 9059--D

    1  payable  out  of any funds other than those appropriated by the state to
    2  the authority and  the  urban  development  corporation  for  principal,
    3  interest,  and  related expenses pursuant to a service contract and such
    4  bonds  and  notes  shall contain on the face thereof a statement to such
    5  effect. Except for purposes of complying with the internal revenue code,
    6  any interest income earned on bond proceeds shall only be  used  to  pay
    7  debt service on such bonds.
    8    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    9  order to assist the authority and the urban development  corporation  in
   10  undertaking  the  financing  of  eligible courthouse improvements[, drug
   11  courts,] and training facilities, the director of the budget  is  hereby
   12  authorized to enter into one or more service contracts with the authori-
   13  ty  and  the  urban  development corporation, none of which shall exceed
   14  thirty years in duration, upon such terms and conditions as the director
   15  of the budget and the authority and the  urban  development  corporation
   16  agree, so as to annually provide to the authority and the urban develop-
   17  ment  corporation,  in the aggregate, a sum not to exceed the principal,
   18  interest, and related expenses required for such bonds  and  notes.  Any
   19  service  contract  entered  into  pursuant to this section shall provide
   20  that the obligation of the state to  pay  the  amount  therein  provided
   21  shall  not  constitute  a  debt  of  the state within the meaning of any
   22  constitutional or statutory provision and shall be deemed executory only
   23  to the extent of  monies  available  and  that  no  liability  shall  be
   24  incurred  by  the  state  beyond  the monies available for such purpose,
   25  subject to annual appropriation by the legislature. Any such contract or
   26  any payments made or to be made thereunder may be assigned  and  pledged
   27  by  the  authority and the urban development corporation as security for
   28  its bonds and notes, as authorized by this section.
   29    S 45. Section 51 of part RR of chapter 57 of the laws of 2008,  relat-
   30  ing  to  providing  for the administration of certain funds and accounts
   31  related to the 2008-2009 budget, as amended by chapter 94 of the laws of
   32  2011, is amended to read as follows:
   33    S 51. This act shall take effect immediately and shall  be  deemed  to
   34  have been in full force and effect on and after April 1, 2008; provided,
   35  however,  that the amendments to subdivision 6 of section 4 and subdivi-
   36  sion 4 of section 40 of the state finance law made by  sections  fifteen
   37  and  sixteen of this act shall expire on the same date such subdivisions
   38  expire; and provided, further, however, that section thirty-four of this
   39  act shall take effect on the same date as the reversion of section  69-c
   40  of  the state finance law as provided in section 58 of part T of chapter
   41  57 of the laws of 2007, as amended; [and]  provided,  further,  however,
   42  that  sections  one,  three,  four, and eighteen through twenty-seven of
   43  this act shall expire March 31, 2009 when upon such date the  provisions
   44  of  such  sections  shall  be deemed repealed; and provided further that
   45  section [fourteen of this act shall expire March 31, 2012 when upon such
   46  date the provisions of such section shall be deemed repealed]  FORTY  OF
   47  THIS  ACT  SHALL  BE DEEMED TO HAVE BEEN IN FULL FORCE AND EFFECT ON AND
   48  AFTER APRIL 1, 2007.
   49    S 45-a. Section 57 of part PP of chapter  56  of  the  laws  of  2009,
   50  relating  to  providing  for  the  administration  of  certain funds and
   51  accounts related to the 2009-10 budget, is amended to read as follows:
   52    S 57. This act shall take effect immediately and shall  be  deemed  to
   53  have been in full force and effect on and after April 1, 2009; provided,
   54  however,  that  sections  one,  two,  three, four, twelve and twenty-one
   55  through thirty-one of this act shall expire March 31, 2010,  when,  upon
   56  such  date,  the  provisions  of such sections shall be deemed repealed;
       S. 6259--D                         68                         A. 9059--D

    1  provided, however that the amendments to subdivision 5 of section 97-rrr
    2  of the state finance law made by section thirteen of this act shall  not
    3  affect the expiration and reversion of such subdivision and shall expire
    4  and  be  deemed  repealed therewith; [and] provided, further that amend-
    5  ments to section 69-c of the state finance law, made by section  thirty-
    6  five  of this act, shall not affect the expiration and reversion of such
    7  section and shall expire therewith[.]; AND PROVIDED FURTHER THAT SECTION
    8  FORTY-ONE OF THIS ACT SHALL BE DEEMED TO HAVE BEEN  IN  FULL  FORCE  AND
    9  EFFECT ON APRIL 1, 2007.
   10    S  45-b.  Section  55  of  part  JJ of chapter 56 of the laws of 2010,
   11  relating to providing  for  the  administration  of  certain  funds  and
   12  accounts  related  to  the  2010-11  budget, paragraph (a) as amended by
   13  section 58-a of part BB of chapter 58 of the laws of 2011, is amended to
   14  read as follows:
   15    S 55. This act shall take effect immediately and shall  be  deemed  to
   16  have been in full force and effect on and after April 1, 2010, provided,
   17  however, that:
   18    (a) section forty-two of this act shall be deemed to have been in full
   19  force and effect on and after April 1, 2007;
   20    (b)  sections  one,  two,  three, four, five, six, seven, eight, nine,
   21  ten, eighteen, and nineteen through twenty-nine of this act shall expire
   22  March 31, 2011, when, upon such date, the provisions  of  such  sections
   23  shall be deemed repealed; [and]
   24    (c)  the  amendments  to  subdivision 5 of section 97-rrr of the state
   25  finance law made by section fifteen of this act  shall  not  affect  the
   26  expiration  of  such  subdivision  and  shall be deemed to expire there-
   27  with[.]; AND PROVIDED FURTHER THAT SECTION FORTY-SEVEN OF THIS ACT SHALL
   28  BE DEEMED TO HAVE BEEN IN FULL FORCE AND EFFECT ON APRIL 1, 2007.
   29    S 46. The public authorities law is amended by adding  a  new  section
   30  386-a to read as follows:
   31    S  386-A.  FINANCING  OF  METROPOLITAN  TRANSPORTATION AUTHORITY (MTA)
   32  TRANSPORTATION FACILITIES. 1.   NOTWITHSTANDING ANY OTHER  PROVISION  OF
   33  LAW  TO  THE  CONTRARY,  THE  AUTHORITY, THE DORMITORY AUTHORITY AND THE
   34  URBAN DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO  ISSUE  BONDS  OR
   35  NOTES  IN  ONE OR MORE SERIES FOR THE PURPOSE OF ASSISTING THE METROPOL-
   36  ITAN TRANSPORTATION AUTHORITY IN THE FINANCING OF TRANSPORTATION FACILI-
   37  TIES AS DEFINED IN  SUBDIVISION  SEVENTEEN  OF  SECTION  TWELVE  HUNDRED
   38  SIXTY-ONE  OF  THIS  CHAPTER.  THE  AGGREGATE  PRINCIPAL AMOUNT OF BONDS
   39  AUTHORIZED TO BE ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED  SEVEN
   40  HUNDRED  SEVENTY  MILLION DOLLARS ($770,000,000), EXCLUDING BONDS ISSUED
   41  TO FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE
   42  OF SUCH BONDS, AND TO REFUND OR OTHERWISE  REPAY  SUCH  BONDS  OR  NOTES
   43  PREVIOUSLY  ISSUED. SUCH BONDS AND NOTES OF THE AUTHORITY, THE DORMITORY
   44  AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION SHALL NOT BE A  DEBT  OF
   45  THE  STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE
   46  PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE  STATE  TO
   47  THE  AUTHORITY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
   48  RATION FOR PRINCIPAL, INTEREST,  AND  RELATED  EXPENSES  PURSUANT  TO  A
   49  SERVICE  CONTRACT  AND  SUCH  BONDS  AND NOTES SHALL CONTAIN ON THE FACE
   50  THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT  FOR  PURPOSES  OF  COMPLYING
   51  WITH  THE  INTERNAL  REVENUE  CODE,  ANY  INTEREST INCOME EARNED ON BOND
   52  PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
   53    2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
   54  ORDER  TO  ASSIST  THE  AUTHORITY, THE DORMITORY AUTHORITY AND THE URBAN
   55  DEVELOPMENT CORPORATION IN UNDERTAKING THE FINANCING OF SUCH TRANSPORTA-
   56  TION FACILITIES PROJECTS, THE DIRECTOR OF THE BUDGET IS  HEREBY  AUTHOR-
       S. 6259--D                         69                         A. 9059--D

    1  IZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE AUTHORITY, THE
    2  DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH
    3  SHALL EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS
    4  THE  DIRECTOR  OF  THE BUDGET AND THE AUTHORITY, THE DORMITORY AUTHORITY
    5  AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO  ANNUALLY  PROVIDE
    6  TO  THE  AUTHORITY,  THE  DORMITORY  AUTHORITY AND THE URBAN DEVELOPMENT
    7  CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTER-
    8  EST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE
    9  CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL  PROVIDE  THAT  THE
   10  OBLIGATION  OF  THE  STATE  TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT
   11  CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF ANY  CONSTITUTIONAL
   12  OR  STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE EXTENT
   13  OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
   14  BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO  ANNUAL  APPRO-
   15  PRIATION  BY  THE LEGISLATURE. ANY SUCH SERVICE CONTRACT OR ANY PAYMENTS
   16  MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE AUTHOR-
   17  ITY, THE DORMITORY AUTHORITY AND THE URBAN  DEVELOPMENT  CORPORATION  AS
   18  SECURITY FOR SUCH BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
   19    S  47.  Subdivisions  2 and 6 of section 34 of part O of chapter 61 of
   20  the laws of 2000 amending the public authorities  law  relating  to  the
   21  metropolitan transportation authority, the New York city transit author-
   22  ity  and the Triborough bridge and tunnel authority, are amended to read
   23  as follows:
   24    2. The metropolitan transportation authority is hereby  authorized  to
   25  issue  from  time  to  time one or more series of its bonds and notes to
   26  finance and refinance projects and/or to  refund  bonds  and  notes  (a)
   27  previously  issued by the metropolitan transportation authority, the New
   28  York city transit authority and the Triborough bridge and tunnel author-
   29  ity, or (b) secured wholly or partially by any or all of  the  following
   30  service  contracts:  (i) service contracts entered into for the purposes
   31  set forth in section 16 of chapter 314 of the laws of 1981; (ii) service
   32  contracts entered into for the purposes set forth in section 42 of chap-
   33  ter 929 of the laws of 1986; and (iii) service  contracts  entered  into
   34  for  the  purposes  set  forth  in  subdivision one of this section. THE
   35  AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT  TO
   36  THIS  SUBDIVISION SHALL NOT EXCEED TWO BILLION FIVE MILLION FOUR HUNDRED
   37  FIFTY-FIVE THOUSAND DOLLARS ($2,005,455,000), EXCLUDING BONDS ISSUED  TO
   38  FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF
   39  SUCH  BONDS, AND TO REFUND OR OTHERWISE REPAY SUCH BONDS ISSUED PRIOR TO
   40  APRIL 1, 2012.
   41    6. Any service contract or contracts for transit and  SIRTOA  projects
   42  and  for  commuter  projects entered into pursuant to this section shall
   43  provide for state commitments to provide annually  to  the  metropolitan
   44  transportation  authority  a sum or sums, upon such terms and conditions
   45  as shall be deemed appropriate by the director of the budget,  to  fund,
   46  or  to  fund  the  debt service requirements of any bonds or other obli-
   47  gations of the metropolitan transportation authority issued  to  fund[,]
   48  such  projects  [such  that  the aggregate debt service on all bonds and
   49  notes identified in subdivision three of this section  does  not  exceed
   50  $165,000,000 annually through and including July 1, 2031].
   51    S  48.  The  public authorities law is amended by adding a new section
   52  386-b to read as follows:
   53    S 386-B. FINANCING OF PEACE BRIDGE PROJECTS.  1.  NOTWITHSTANDING  ANY
   54  OTHER  PROVISION  OF  LAW  TO THE CONTRARY, THE AUTHORITY, THE DORMITORY
   55  AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO
   56  ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF  FINANCING
       S. 6259--D                         70                         A. 9059--D

    1  PEACE  BRIDGE  PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHOR-
    2  IZED TO BE ISSUED PURSUANT TO THIS  SECTION  SHALL  NOT  EXCEED  FIFTEEN
    3  MILLION  DOLLARS  ($15,000,000),  EXCLUDING  BONDS ISSUED TO FUND ONE OR
    4  MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS,
    5  AND  TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED.
    6  SUCH BONDS AND NOTES OF THE AUTHORITY, THE DORMITORY AUTHORITY  AND  THE
    7  URBAN  DEVELOPMENT CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE
    8  STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF  ANY
    9  FUNDS  OTHER  THAN THOSE APPROPRIATED BY THE STATE TO THE AUTHORITY, THE
   10  DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION FOR PRINCIPAL,
   11  INTEREST, AND RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT  AND  SUCH
   12  BONDS  AND  NOTES  SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH
   13  EFFECT. EXCEPT FOR PURPOSES OF COMPLYING WITH THE INTERNAL REVENUE CODE,
   14  ANY INTEREST INCOME EARNED ON BOND PROCEEDS SHALL ONLY BE  USED  TO  PAY
   15  DEBT SERVICE ON SUCH BONDS.
   16    2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
   17  ORDER TO ASSIST THE AUTHORITY, THE DORMITORY  AUTHORITY  AND  THE  URBAN
   18  DEVELOPMENT CORPORATION IN UNDERTAKING THE FINANCING OF SUCH TRANSPORTA-
   19  TION  FACILITIES  PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHOR-
   20  IZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE AUTHORITY, THE
   21  DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH
   22  SHALL EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS
   23  THE DIRECTOR OF THE BUDGET AND THE AUTHORITY,  THE  DORMITORY  AUTHORITY
   24  AND  THE  URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE
   25  TO THE AUTHORITY, THE DORMITORY  AUTHORITY  AND  THE  URBAN  DEVELOPMENT
   26  CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTER-
   27  EST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE
   28  CONTRACT  ENTERED  INTO  PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
   29  OBLIGATION OF THE STATE TO PAY THE AMOUNT  THEREIN  PROVIDED  SHALL  NOT
   30  CONSTITUTE  A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
   31  OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE  EXTENT
   32  OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
   33  BEYOND  THE  MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
   34  PRIATION BY THE LEGISLATURE. ANY SUCH SERVICE CONTRACT OR  ANY  PAYMENTS
   35  MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE AUTHOR-
   36  ITY,  THE  DORMITORY  AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AS
   37  SECURITY FOR SUCH BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
   38    S 49. Subdivisions 1 and 2 of section 45 of section 1 of  chapter  174
   39  of  the  laws of 1968, constituting the New York state urban development
   40  corporation act, as added by chapter  260  of  the  laws  of  2011,  are
   41  amended to read as follows:
   42    1.  Notwithstanding  the  provisions of any other law to the contrary,
   43  the urban development corporation of the state of  New  York  is  hereby
   44  authorized to issue bonds or notes in one or more series for the purpose
   45  of  funding project costs for the implementation of a NY-SUNY 2020 chal-
   46  lenge grant program subject to the approval of a NY-SUNY  2020  plan  or
   47  plans  by the governor and the chancellor of the state university of New
   48  York. The aggregate principal amount of bonds authorized  to  be  issued
   49  pursuant  to  this  section shall not exceed [$80,000,000] $110,000,000,
   50  excluding bonds issued to fund one or more debt service  reserve  funds,
   51  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
   52  refund or otherwise repay such bonds or notes  previously  issued.  Such
   53  bonds and notes of the corporation shall not be a debt of the state, and
   54  the  state shall not be liable thereon, nor shall they be payable out of
   55  any funds other than those appropriated by the state to the  corporation
   56  for  principal,  interest,  and  related  expenses pursuant to a service
       S. 6259--D                         71                         A. 9059--D

    1  contract and such bonds and notes shall contain on the  face  thereof  a
    2  statement  to  such  effect.  Except  for purposes of complying with the
    3  internal revenue code, any interest income earned on bond proceeds shall
    4  only be used to pay debt service on such bonds.
    5    2. Notwithstanding any other law, rule, or regulation to the contrary,
    6  the  comptroller  is  hereby  authorized  and directed to deposit to the
    7  credit of the capital projects fund, reimbursement from the proceeds  of
    8  notes  or bonds issued by the urban development corporation of the state
    9  of New York for capital disbursements [of up  to  $80,000,000  from  any
   10  appropriation  or reappropriation authorized by a chapter of the laws of
   11  2011 for NY-SUNY 2020 challenge grants]  ASSOCIATED  WITH  SUCH  PROJECT
   12  COSTS.
   13    S  50.  Subdivision 1 of section 1689-i of the public authorities law,
   14  as amended by section 49 of part BB of chapter 58 of the laws  of  2011,
   15  is amended to read as follows:
   16    1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
   17  request of the commissioner of education, to  finance  eligible  library
   18  construction projects pursuant to section two hundred seventy-three-a of
   19  the  education  law,  in  amounts  certified by such commissioner not to
   20  exceed a total principal amount of  [eighty-four]  NINETY-EIGHT  million
   21  dollars.
   22    S  51. Subdivision 10-a of section 1680 of the public authorities law,
   23  as amended by section 38 of part PP of chapter 56 of the laws  of  2009,
   24  is amended to read as follows:
   25    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
   26  two thousand, but notwithstanding any other provision of the law to  the
   27  contrary, the maximum amount of bonds and notes to be issued after March
   28  thirty-first,  two  thousand two, on behalf of the state, in relation to
   29  any locally sponsored community college, shall  be  [five]  SIX  hundred
   30  [thirty-six]  TWENTY-THREE  million dollars. Such amount shall be exclu-
   31  sive of bonds and notes issued to fund any reserve fund or funds,  costs
   32  of  issuance  and  to  refund any outstanding bonds and notes, issued on
   33  behalf of the state, relating to a locally sponsored community college.
   34    S 52. Paragraph (c) of subdivision 19 of section 1680  of  the  public
   35  authorities  law,  as  amended by section 36 of part PP of chapter 56 of
   36  the laws of 2009, is amended to read as follows:
   37    (c) Subject to the provisions of chapter fifty-nine of the laws of two
   38  thousand, the dormitory authority shall not issue any  bonds  for  state
   39  university  educational  facilities  purposes if the principal amount of
   40  bonds to be issued when added to the aggregate principal amount of bonds
   41  issued by the dormitory authority on  and  after  July  first,  nineteen
   42  hundred  eighty-eight  for  state university educational facilities will
   43  exceed ten billion [eighty-nine] THREE  HUNDRED  FOUR  million  dollars;
   44  provided,  however,  that bonds issued or to be issued shall be excluded
   45  from such limitation if:   (1) such bonds are  issued  to  refund  state
   46  university  construction  bonds  and state university construction notes
   47  previously issued by the housing finance agency; or (2) such  bonds  are
   48  issued  to refund bonds of the authority or other obligations issued for
   49  state university educational facilities purposes and the  present  value
   50  of the aggregate debt service on the refunding bonds does not exceed the
   51  present value of the aggregate debt service on the bonds refunded there-
   52  by;  provided,  further  that  upon certification by the director of the
   53  budget that the issuance of refunding bonds or other obligations  issued
   54  between April first, nineteen hundred ninety-two and March thirty-first,
   55  nineteen  hundred ninety-three will generate long term economic benefits
   56  to the state, as assessed on a present value basis, such  issuance  will
       S. 6259--D                         72                         A. 9059--D

    1  be  deemed  to have met the present value test noted above. For purposes
    2  of this subdivision, the present value of the aggregate debt service  of
    3  the  refunding  bonds  and  the  aggregate  debt  service  of  the bonds
    4  refunded, shall be calculated by utilizing the true interest cost of the
    5  refunding  bonds,  which  shall  be that rate arrived at by doubling the
    6  semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
    7  discount  the  debt  service  payments  on  the refunding bonds from the
    8  payment dates thereof to the date of issue of the refunding bonds to the
    9  purchase price of the refunding bonds, including interest accrued there-
   10  on prior to the issuance thereof. The maturity of such bonds, other than
   11  bonds issued to refund outstanding bonds, shall not exceed the  weighted
   12  average economic life, as certified by the state university construction
   13  fund,  of  the facilities in connection with which the bonds are issued,
   14  and in any case not later than the earlier of thirty years or the  expi-
   15  ration  of  the  term of any lease, sublease or other agreement relating
   16  thereto; provided that no note, including renewals thereof, shall mature
   17  later than five years after the date  of  issuance  of  such  note.  The
   18  legislature  reserves  the  right to amend or repeal such limit, and the
   19  state of New York, the dormitory authority, the state university of  New
   20  York,  and  the  state  university construction fund are prohibited from
   21  covenanting or making any other agreements with or for  the  benefit  of
   22  bondholders which might in any way affect such right.
   23    S  53.  This  act shall take effect immediately and shall be deemed to
   24  have been in full force and effect on and after April 1, 2012;  provided
   25  that  sections  one through seven, sections ten through fifteen, section
   26  seventeen, and sections twenty through thirty-three of  this  act  shall
   27  expire  March  31,  2013,  when  upon  such date, the provisions of such
   28  sections shall be deemed repealed; provided further that the  amendments
   29  to subdivisions 1 and 2 of section 45 of section 1 of chapter 174 of the
   30  laws of 1968 made by section forty-nine of this act shall not affect the
   31  expiration of such subdivisions and shall be deemed to expire therewith.
   32    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   33  sion,  section  or  part  of  this act shall be adjudged by any court of
   34  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   35  impair,  or  invalidate  the remainder thereof, but shall be confined in
   36  its operation to the clause, sentence, paragraph,  subdivision,  section
   37  or part thereof directly involved in the controversy in which such judg-
   38  ment shall have been rendered. It is hereby declared to be the intent of
   39  the  legislature  that  this  act  would  have been enacted even if such
   40  invalid provisions had not been included herein.
   41    S 3. This act shall take effect immediately  provided,  however,  that
   42  the  applicable effective date of Parts A through U of this act shall be
   43  as specifically set forth in the last section of such Parts.
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