S07276 Summary:

BILL NOS07276
 
SAME ASSAME AS A10468
 
SPONSORRULES
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts provisions relating to an emergency spending plan for the period April 1, 2010 through April 11, 2010; provides for the administration of certain funds and accounts related to the 2010-2011 budget (part A); extends provisions relating to permitting the secretary of state to provide special handling of all documents filed or issued by the department of corporations (part B); includes NYC housing development corporation under the state bond issuance charge (part C); foregoes adjustments to cost of living adjustment for designated human service programs during the 2010-2011 state fiscal year (part D); and relates to residential health care facilities and Medicaid reimbursements (part E).
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S07276 Actions:

BILL NOS07276
 
03/26/2010REFERRED TO FINANCE
03/29/2010REPORTED AND COMMITTED TO RULES
03/29/2010ORDERED TO THIRD READING CAL.323
03/29/2010SUBSTITUTED BY A10468
 A10468 AMEND= Rules
 03/26/2010referred to ways and means
 03/26/2010reported referred to rules
 03/26/2010reported
 03/26/2010rules report cal.27
 03/26/2010ordered to third reading rules cal.27
 03/26/2010message of necessity - appropriation
 03/26/2010message of necessity - 3 day message
 03/26/2010passed assembly
 03/26/2010delivered to senate
 03/29/2010REFERRED TO FINANCE
 03/29/2010SUBSTITUTED FOR S7276
 03/29/20103RD READING CAL.323
 03/29/2010MESSAGE OF NECESSITY - APPROPRIATION
 03/29/2010PASSED SENATE
 03/29/2010RETURNED TO ASSEMBLY
 03/29/2010delivered to governor
 03/29/2010signed chap.19
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S07276 Floor Votes:

There are no votes for this bill in this legislative session.
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S07276 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7276
 
                    IN SENATE
 
                                     March 26, 2010
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Finance
 
        AN ACT in relation to providing for the administration of certain  funds
          and accounts related to the 2010-2011 budget; in relation to authoriz-
          ing  certain  payments, deposits, and transfers; and providing for the

          repeal of certain provisions upon  expiration  thereof  (Part  A);  to
          amend  chapter  21  of  the  laws  of 2003, amending the executive law
          relating to permitting the  secretary  of  state  to  provide  special
          handling  for  all documents filed or issued by the division of corpo-
          rations and to permit additional levels of such expedited service,  in
          relation  to  extending  such provisions (Part B); to amend the public
          authorities law, in relation to including the New  York  city  housing
          development corporation under the state bond issuance charge (Part C);
          to  amend  chapter  57 of the laws of 2006, relating to establishing a
          cost of living adjustment for designated human services  programs,  in
          relation  to  foregoing  such  adjustment  during  the 2010-2011 state
          fiscal year (Part D); and to amend the public health law, in  relation

          to residential health care facilities; to amend chapter 58 of the laws
          of  2009,  amending  the  public health law and other laws relating to
          Medicaid reimbursements to  residential  health  care  facilities,  in
          relation to such reimbursements (Part E)
 
          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 2010-2011
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through E. The effective date for each  particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-

     7  ing  the  effective date of the Part, which makes reference to a section
     8  "of this act", when used in connection with that  particular  component,
     9  shall  be  deemed  to mean and refer to the corresponding section of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12204-03-0

        S. 7276                             2
 
     1  Part in which it is found. Section three of  this  act  sets  forth  the
     2  general effective date of this act.
     3                                   PART A
 
     4    Section  1.  Notwithstanding  any law to the contrary, the state comp-
     5  troller is hereby authorized and directed to continue to loan  money  in
     6  accordance  with  the provisions set forth in subdivision 5 of section 4

     7  of the state finance law to the funds and accounts detailed in  sections
     8  1 and 1-a of part PP of chapter 56 of the laws of 2009; provided, howev-
     9  er,  that upon enactment of legislation constituting the 2010-2011 budg-
    10  et, this section shall cease to have  force  and  effect  and  shall  be
    11  deemed repealed.
    12    § 2. Notwithstanding any law to the contrary, the state comptroller is
    13  hereby authorized and directed to continue to receive moneys for deposit
    14  to  the  credit  of  funds and accounts in the same manner in which such
    15  moneys were deposited during the 2009-2010 fiscal year, pursuant to  the
    16  instructions  filed  by  the director of the division of the budget with
    17  the chairs of the senate finance committee and  the  assembly  ways  and
    18  means  committee and the state comptroller in the 2009-2010 fiscal year;

    19  provided, however, that upon enactment of legislation  constituting  the
    20  2010-2011  budget, this section shall cease to have force and effect and
    21  shall be deemed repealed.
    22    § 3. Notwithstanding any law to the contrary, the state comptroller is
    23  hereby authorized and directed to continue to pay prior year liabilities
    24  in accordance with the provisions set forth in subdivision 4 of  section
    25  40  of  the state finance law; provided, however, that upon enactment of
    26  legislation constituting the 2010-2011 budget, this section shall  cease
    27  to have force and effect and shall be deemed repealed.
    28    §  4.  The  comptroller  is  authorized and directed to deposit to the
    29  general fund-state purposes account reimbursements from moneys appropri-
    30  ated or reappropriated to the correctional facilities  capital  improve-
    31  ment  fund  (399) by a chapter of the laws of 2009. Reimbursements shall

    32  be available for spending from appropriations made to the department  of
    33  correctional  services  in  the general fund-state purposes account by a
    34  chapter of the laws of 2009 for costs associated with the administration
    35  and security of capital projects and for other costs which are attribut-
    36  able, according to a plan, to such capital projects.
    37    § 5. Notwithstanding any other law, rule, or regulation to the contra-
    38  ry, the comptroller is hereby authorized and directed to deposit, to the
    39  credit of the capital projects fund, reimbursement from the proceeds  of
    40  notes  or bonds issued by the environmental facilities corporation for a
    41  capital appropriation for $43,383,000 authorized by chapter  55  of  the
    42  laws of 2000 to the department of environmental conservation for payment
    43  of  a portion of the state's match for federal capitalization grants for

    44  the water pollution control revolving loan fund, to  reimburse  spending
    45  from various appropriations for certain projects related to the New York
    46  city  watershed,  reimbursement  from  the  proceeds  of notes and bonds
    47  issued by the urban development corporation  for  capital  appropriation
    48  for  $15,000,000  authorized  by  chapter  55 of the laws of 2000 to the
    49  urban development corporation for payment of costs related to  a  sports
    50  facility  in  the  city of Rochester, reimbursement from the proceeds of
    51  notes and bonds issued by the urban development corporation of the state
    52  of New York for a capital appropriation for  $50,000,000  authorized  by
    53  chapter  55 of the laws of 2000 to the urban development corporation for
    54  payment of costs related to economic development projects in  the  down-
    55  town  Buffalo,  the  Buffalo inner harbor area, or surrounding environs,

        S. 7276                             3
 
     1  reimbursement from proceeds of notes and bonds issued by  the  dormitory
     2  authority  of  the  state  of  New  York for a capital appropriation for
     3  $225,000,000 authorized by chapter 55 of the laws of 2000 to  all  state
     4  agencies  for  payment  of  costs  related  to  the strategic investment
     5  program, reimbursement from the proceeds of notes and  bonds  issued  by
     6  the dormitory authority of the state of New York for a capital appropri-
     7  ation  for  $50,000,000  authorized by chapter 53 of the laws of 2000 to
     8  the state education  department  for  payment  of  capital  construction
     9  grants  to school districts pursuant to the rebuilding schools to uphold
    10  education program, for reimbursement from  the  proceeds  of  notes  and
    11  bonds  issued  by the dormitory authority of the state of New York for a

    12  capital appropriation for $15,000,000 authorized by chapter  53  of  the
    13  laws  of  2000 to the office of children and family services for payment
    14  of costs related to the child care facilities development  program,  and
    15  for  reimbursement  from  the  proceeds of notes and bonds issued by the
    16  dormitory authority of the state of New York for a capital appropriation
    17  for $10,000,000 authorized by chapter 55 of the  laws  of  2000  to  the
    18  office of science, technology and academic research for payment of costs
    19  related to biomedical research and/or manufacturing facilities.
    20    § 6. Notwithstanding any other law, rule, or regulation to the contra-
    21  ry,  the comptroller is hereby authorized and directed to deposit to the
    22  credit of the capital projects fund, reimbursement from the proceeds  of
    23  notes  or bonds issued by the environmental facilities corporation for a

    24  capital appropriation for $29,772,000 authorized by chapter  54  of  the
    25  laws of 2001 to the department of environmental conservation for payment
    26  of  a portion of the state's match for federal capitalization grants for
    27  the water pollution control revolving loan fund.
    28    § 7. Notwithstanding any other law, rule, or regulation to the contra-
    29  ry, the comptroller is hereby authorized and directed to deposit, to the
    30  credit of the capital projects fund, reimbursement from the proceeds  of
    31  notes  or bonds issued by the environmental facilities corporation for a
    32  capital appropriation for $29,365,000 authorized by chapter  54  of  the
    33  laws of 2002 to the department of environmental conservation for payment
    34  of  a portion of the state's match for federal capitalization grants for
    35  the water pollution control revolving loan fund, reimbursement from  the

    36  proceeds  of notes and bonds issued by the urban development corporation
    37  or other financing source for a capital  appropriation  for  $89,000,000
    38  authorized  by  chapter  50 of the laws of 2002 to the office of general
    39  services for payment of capital construction costs  for  the  Alfred  E.
    40  Smith  office building located in the city of Albany, reimbursement from
    41  the proceeds of notes and bonds issued by the urban  development  corpo-
    42  ration   or  other  financing  source  for  capital  appropriations  for
    43  $1,500,000 authorized by chapter 50 of the laws of 2002 to the office of
    44  general services for payment of capital construction costs for  the  Elk
    45  street parking garage building located in the city of Albany, reimburse-
    46  ment from the proceeds of notes or bonds issued by the urban development
    47  corporation  for  disbursements  of  up  to $12,000,000 from any capital

    48  appropriation or reappropriation authorized by chapter 50 of the laws of
    49  2002 to the office of general services for various purposes,  reimburse-
    50  ment from the proceeds of notes or bonds issued by the urban development
    51  corporation  for  a  capital  appropriation of $13,250,000 authorized by
    52  chapter 55 of the laws of 2002 to the energy  research  and  development
    53  authority  for  the  Western  New  York  Nuclear  Service Center at West
    54  Valley, reimbursement from the proceeds of notes or bonds issued by  the
    55  urban development corporation for a capital appropriation of $14,300,000
    56  authorized  by  chapter  55 of the laws of 2002 to the urban development

        S. 7276                             4
 
     1  corporation to finance a portion of the jobs now program,  reimbursement
     2  from  the  proceeds  of notes or bonds issued by the dormitory authority

     3  for disbursements of up to $20,800,000 from any capital appropriation or
     4  reappropriation  authorized  by  chapter  51  of the laws of 2002 to the
     5  judiciary for courthouse improvements, reimbursement from  the  proceeds
     6  of  notes  or  bonds  issued  by  the  urban development corporation for
     7  disbursements of up to $15,000,000 from  appropriations  or  reappropri-
     8  ations  authorized  by  chapter 50 of the laws of 2002 to any agency for
     9  costs related to homeland security, and reimbursement from the  proceeds
    10  of notes or bonds issued by the environmental facilities corporation for
    11  a  capital  appropriation of $10,000,000 authorized by chapter 54 of the
    12  laws of 2002 to the department of environmental conservation for Ononda-
    13  ga lake.
    14    § 8. Notwithstanding any other law, rule, or regulation to the contra-
    15  ry, the comptroller is hereby authorized and directed to deposit to  the

    16  credit  of the capital projects fund, reimbursement from the proceeds of
    17  notes or bonds issued by the environmental facilities corporation for  a
    18  capital  appropriation  of  $30,174,000  authorized by chapter 55 of the
    19  laws of 2003 to the department of environmental conservation for payment
    20  of a portion of the state's match for federal capitalization grants  for
    21  the  water pollution control revolving loan fund, reimbursement from the
    22  proceeds of notes or bonds issued by the urban  development  corporation
    23  or  other  financing  source  for a capital appropriation of $19,500,000
    24  authorized by chapter 50 of the laws of 2003 to the  office  of  general
    25  services for payment of capital construction costs for the 51 Elk street
    26  parking  garage  building  located  in the city of Albany, reimbursement
    27  from the proceeds of notes or bonds  issued  by  the  urban  development

    28  corporation  for  disbursements  of  up  to $10,000,000 from any capital
    29  appropriation or reappropriation authorized by chapter 50 of the laws of
    30  2003 to the office of general services for various purposes,  reimburse-
    31  ment  from  the  proceeds  of notes or bonds issued by the environmental
    32  facilities  corporation  for  a  capital  appropriation  of  $13,250,000
    33  authorized  by chapter 55 of the laws of 2003 to the energy research and
    34  development authority for the Western New York Nuclear Service Center at
    35  West Valley, reimbursement from the proceeds of notes or bonds issued by
    36  the dormitory authority for disbursements of up to $16,400,000 from  any
    37  capital appropriation or reappropriation authorized by chapter 51 of the
    38  laws of 2003 to the judiciary for courthouse improvements, reimbursement
    39  from  the  proceeds  of  notes  or bonds issued by the urban development

    40  corporation for disbursements of up to $10,000,000  from  appropriations
    41  or  reappropriations authorized by chapter 50 of the laws of 2003 to any
    42  agency for costs related to homeland security,  reimbursement  from  the
    43  proceeds of notes or bonds issued by the environmental facilities corpo-
    44  ration  for a capital appropriation of $10,000,000 authorized by chapter
    45  55 of the laws of 2003 to the department of  environmental  conservation
    46  for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
    47  issued by the environmental facilities corporation for disbursements  of
    48  up  to  $11,000,000  from any capital appropriations or reappropriations
    49  authorized by chapter 55 of the laws of 2003 to the department of  envi-
    50  ronmental  conservation  for  environmental  purposes, and reimbursement
    51  from the proceeds of notes or bonds issued by  the  dormitory  authority

    52  for  disbursements  of  up  to $100,000,000 from a capital appropriation
    53  authorized by chapter 50 of the laws of 2003 to the department of  state
    54  for enhanced 911 wireless service.
    55    § 9. Notwithstanding any other law, rule, or regulation to the contra-
    56  ry,  the comptroller is hereby authorized and directed to deposit to the

        S. 7276                             5
 
     1  credit of the capital projects fund, reimbursement from the proceeds  of
     2  notes  or bonds issued by the environmental facilities corporation for a
     3  capital appropriation for $28,893,000 authorized by chapter  55  of  the
     4  laws of 2004 to the department of environmental conservation for payment
     5  of  a portion of the state's match for federal capitalization grants for
     6  the water pollution control revolving loan fund, reimbursement from  the

     7  proceeds  of  notes or bonds issued by the urban development corporation
     8  for disbursements of up to $10,000,000 from any capital appropriation or
     9  reappropriation authorized by chapter 50 of the  laws  of  2004  to  the
    10  office  of general services for various purposes, reimbursement from the
    11  proceeds of notes or bonds issued by the environmental facilities corpo-
    12  ration for a capital appropriation of $11,350,000 authorized by  chapter
    13  55  of the laws of 2004 to the energy research and development authority
    14  for the  Western  New  York  Nuclear  Service  Center  at  West  Valley,
    15  reimbursement from the proceeds of notes or bonds issued by the environ-
    16  mental   facilities   corporation,   for   a  capital  appropriation  of
    17  $10,000,000 authorized by chapter 55 of the laws of 2004 to the  depart-
    18  ment of environmental conservation for Onondaga lake, reimbursement from

    19  the  proceeds  of  notes or bonds issued by the environmental facilities
    20  corporation for disbursements of up  to  $11,000,000  from  any  capital
    21  appropriations  or reappropriations authorized by chapter 55 of the laws
    22  of 2004 to the department of  environmental  conservation  for  environ-
    23  mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
    24  issued by  the  dormitory  authority  for  a  capital  appropriation  of
    25  $80,000,000  authorized  by chapter 53 of the laws of 2004 to the educa-
    26  tion  department  for  capital  transition  grants  for  transportation,
    27  reimbursement from the proceeds of notes or bonds issued by the dormito-
    28  ry  authority  for a capital appropriation of $250,000,000 authorized by
    29  chapter 55 of the laws of 2004 for payment of costs related to  economic
    30  development  projects, reimbursement from the proceeds of bonds or notes

    31  issued by the urban development corporation for a capital  appropriation
    32  of  $83,500,000 authorized by chapter 53 of the laws of 2006, as amended
    33  by chapter 108 of the laws of 2006, for payment of costs related to  the
    34  H.  H. Richardson complex and the Darwin Martin House, and reimbursement
    35  from the proceeds of notes or bonds issued by  the  dormitory  authority
    36  for  a  capital appropriation of $350,000,000 authorized by chapter 3 of
    37  the laws of 2004 for the New York state economic development program.
    38    § 10. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    39  contrary,  the  comptroller is hereby authorized and directed to deposit
    40  to the credit of the  capital  projects  fund,  reimbursement  from  the
    41  proceeds of notes or bonds issued by the environmental facilities corpo-
    42  ration  for a capital appropriation of $29,602,000 authorized by chapter

    43  55 of the laws of 2005 to the department of  environmental  conservation
    44  for payment of a portion of the state's match for federal capitalization
    45  grants  for  the water pollution control revolving loan fund, reimburse-
    46  ment from the proceeds of notes or bonds issued by the urban development
    47  corporation for disbursements of up  to  $10,000,000  from  any  capital
    48  appropriation or reappropriation authorized by chapter 50 of the laws of
    49  2005  to the office of general services for various purposes, reimburse-
    50  ment from the proceeds of notes or bonds  issued  by  the  environmental
    51  facilities  corporation  for  a  capital  appropriation  of  $11,350,000
    52  authorized by chapter 55 of the laws of 2005 to the energy research  and
    53  development authority for the Western New York Nuclear Service Center at
    54  West Valley, reimbursement from the proceeds of notes or bonds issued by

    55  the  environmental facilities corporation for a capital appropriation of
    56  $10,000,000 authorized by chapter 55 of the laws of 2005 to the  depart-

        S. 7276                             6
 
     1  ment of environmental conservation for Onondaga lake, reimbursement from
     2  the  proceeds  of  notes or bonds issued by the environmental facilities
     3  corporation for disbursements of up  to  $11,000,000  from  any  capital
     4  appropriations  or reappropriations authorized by chapter 55 of the laws
     5  of 2005 to the department of  environmental  conservation  for  environ-
     6  mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
     7  issued by the urban development corporation for a capital  appropriation
     8  of  $350,000,000  authorized  by  chapter 55 of the laws of 2005 for the
     9  Javits center, reimbursement from the proceeds of notes or bonds  issued

    10  by  the  dormitory  authority for a capital appropriation of $90,000,000
    11  authorized by chapter 62 of the laws of 2005 for  regional  development,
    12  reimbursement from the proceeds of notes or bonds issued by the dormito-
    13  ry  authority  for a capital appropriation of $250,000,000 authorized by
    14  chapter  62  of  the  laws  of  2005  for  technology  and  development,
    15  reimbursement  from  the  proceeds of notes or bonds issued by the urban
    16  development corporation  for  a  capital  appropriation  of  $75,000,000
    17  authorized  by  chapter  162  of the laws of 2005 for the New York state
    18  economic development program, reimbursement from the proceeds  of  notes
    19  or  bonds  issued  by  the  urban  development corporation for a capital
    20  appropriation of $150,000,000 authorized by chapter 62 of  the  laws  of
    21  2005  for  the  higher  education  facilities  capital  matching  grants

    22  program, reimbursement from the proceeds of notes or bonds issued by the
    23  dormitory authority or other financing source for  a  capital  appropri-
    24  ation  of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
    25  office of general services for payment of capital construction costs for
    26  the Elk street parking garage building located in the  city  of  Albany,
    27  reimbursement  from  the  proceeds of notes or bonds issued by the urban
    28  development corporation  for  a  capital  appropriation  of  $15,000,000
    29  authorized  by  chapter  53  of  the laws of 2005 to the state education
    30  department for payment of capital construction costs for  public  broad-
    31  casting  facilities,  reimbursement  from the proceeds of notes or bonds
    32  issued by the urban development corporation for a capital  appropriation
    33  of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-

    34  sion of state police for public protection facilities, and reimbursement
    35  from  the  proceeds  of  notes  or bonds issued by the urban development
    36  corporation for capital disbursements of up to $3,000,000 from any capi-
    37  tal appropriation or reappropriation authorized by  chapter  50  of  the
    38  laws  of  2005 to the division of military and naval affairs for various
    39  purposes.
    40    § 11. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    41  contrary,  the  comptroller is hereby authorized and directed to deposit
    42  to the credit of the  capital  projects  fund,  reimbursement  from  the
    43  proceeds of notes or bonds issued by the environmental facilities corpo-
    44  ration for a capital appropriation for $29,600,000 authorized by chapter
    45  55  of  the laws of 2006 to the department of environmental conservation
    46  for payment of a portion of the state's match for federal capitalization

    47  grants for the water pollution control revolving loan  fund,  reimburse-
    48  ment from the proceeds of notes or bonds issued by the urban development
    49  corporation  for  disbursements  of  up  to $20,000,000 from any capital
    50  appropriation or reappropriation authorized by chapter 50 of the laws of
    51  2006 to the office of general services for various purposes,  reimburse-
    52  ment  from  the  proceeds  of notes or bonds issued by the environmental
    53  facilities  corporation  for  a  capital  appropriation  of  $14,000,000
    54  authorized  by chapter 55 of the laws of 2006 to the energy research and
    55  development authority for the Western New York Nuclear Service Center at
    56  West Valley, reimbursement from the proceeds of notes or bonds issued by

        S. 7276                             7
 
     1  the environmental facilities corporation for a capital appropriation  of

     2  $10,000,000  authorized by chapter 55 of the laws of 2006 to the depart-
     3  ment of environmental conservation for Onondaga lake, reimbursement from
     4  the  proceeds  of  notes or bonds issued by the environmental facilities
     5  corporation for disbursements of up  to  $12,000,000  from  any  capital
     6  appropriations  or reappropriations authorized by chapter 55 of the laws
     7  of 2006 to the department of  environmental  conservation  for  environ-
     8  mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
     9  issued by the urban development corporation for capital disbursements of
    10  up to $3,000,000  from  any  capital  appropriation  or  reappropriation
    11  authorized by chapter 50 of the laws of 2006 to the division of military
    12  and  naval affairs for various purposes, reimbursement from the proceeds
    13  of notes or bonds  issued  by  the  urban  development  corporation  for

    14  disbursements  of  up  to  $12,400,000 from any capital appropriation or
    15  reappropriation authorized by chapter 50 of the  laws  of  2006  to  the
    16  division of state police for public protection facilities, reimbursement
    17  from  the  proceeds  of  notes  or bonds issued by the urban development
    18  corporation for a capital appropriation of  $117,000,000  authorized  by
    19  chapter 50 of the laws of 2006 to all state departments and agencies for
    20  the  purchase  of equipment, reimbursement from the proceeds of notes or
    21  bonds issued by the dormitory authority or the urban development  corpo-
    22  ration  for  all  or a portion of capital appropriations of $603,050,000
    23  authorized by chapter 108 of the laws of 2006 to the  urban  development
    24  corporation  for economic development/other projects, reimbursement from
    25  the proceeds of notes or bonds issued by the  urban  development  corpo-

    26  ration for a capital appropriation of $269,500,000 authorized by chapter
    27  108 of the laws of 2006 to the dormitory authority or the urban develop-
    28  ment  corporation  for economic development projects, reimbursement from
    29  the proceeds of notes or bonds issued by the dormitory authority or  the
    30  urban   development   corporation   for   a   capital  appropriation  of
    31  $201,500,000 authorized by chapter 108 of the laws of 2006 to the  urban
    32  development  corporation for university development projects, reimburse-
    33  ment from the proceeds of notes or bonds issued by the dormitory author-
    34  ity or for a capital appropriation of $143,000,000 authorized by chapter
    35  108 of the laws  of  2006  to  the  urban  development  corporation  for
    36  cultural  facilities  projects, reimbursement from the proceeds of notes
    37  or bonds issued by the dormitory  authority  or  the  urban  development

    38  corporation  for  capital appropriations totaling $60,000,000 authorized
    39  by chapter 108 of the laws of 2006 to the urban development  corporation
    40  for  energy/environmental  projects,  reimbursement from the proceeds of
    41  notes or bonds issued by the dormitory authority or the  urban  develop-
    42  ment  corporation  for a capital appropriation of $20,000,000 authorized
    43  by chapter 108 of the laws of 2006 to the urban development  corporation
    44  for  a  competitive  solicitation for construction of a pilot cellulosic
    45  ethanol refinery, reimbursement from the  proceeds  of  notes  or  bonds
    46  issued  by the urban development corporation for a capital appropriation
    47  of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
    48  development corporation for services and expenses related to infrastruc-
    49  ture for a new stadium in Queens  county,  and  reimbursement  from  the

    50  proceeds  of  notes or bonds issued by the urban development corporation
    51  for a capital appropriation of $74,700,000 authorized by chapter  55  of
    52  the  laws  of 2006 to the urban development corporation for services and
    53  expenses related to infrastructure improvements to construct a new park-
    54  ing facility at a new stadium in Bronx county,  reimbursement  from  the
    55  proceeds  of  notes  and  bonds  issued  by the environmental facilities
    56  corporation for a capital  appropriation  of  $5,000,000  authorized  by

        S. 7276                             8
 
     1  chapter  55  of  the laws of 2006 to the environmental facilities corpo-
     2  ration for payment for the pipeline for jobs program, reimbursement from
     3  the proceeds of notes or bonds issued by  the  dormitory  authority  for
     4  capital  disbursements  of  up to $14,000,000 from any capital appropri-

     5  ation or reappropriation authorized by chapter 53 of the  laws  of  2006
     6  for the library construction purpose, reimbursement from the proceeds of
     7  notes or bonds issued by the urban development corporation or the dormi-
     8  tory  authority for an appropriation of $2,000,000 authorized by chapter
     9  53 of the laws of 2006 for a Cornell  equine  drug  testing  laboratory,
    10  reimbursement  from  the  proceeds of notes or bonds issued by the urban
    11  development corporation or the dormitory authority for an  appropriation
    12  of $1,200,000 authorized by chapter 53 of the laws of 2006 for the towns
    13  of  Bristol and Canandaigua public water systems, reimbursement from the
    14  proceeds of notes or bonds issued by the urban  development  corporation
    15  or the dormitory authority for an appropriation of $5,500,000 authorized
    16  by  chapter  53  of  the laws of 2006 for Belleayre mountain ski center,

    17  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    18  development  corporation or the dormitory authority for an appropriation
    19  of $25,000,000 authorized by chapter 53 of the laws of 2006 for the town
    20  of Smithtown/Kings Park psychiatric center rehabilitation, reimbursement
    21  from the proceeds of notes or bonds  issued  by  the  urban  development
    22  corporation   or   the  dormitory  authority  for  an  appropriation  of
    23  $5,000,000 authorized by chapter 108 of the laws of 2006 for a state  of
    24  New  York  umbilical cord bank, reimbursement from the proceeds of notes
    25  or bonds issued by the urban development corporation  or  the  dormitory
    26  authority for an appropriation of $5,500,000 authorized by chapter 53 of
    27  the  laws  of  2006  for  an  Old  Gore  mountain  ski  bowl connection,
    28  reimbursement from the proceeds of notes or bonds issued  by  the  urban

    29  development  corporation or the dormitory authority for an appropriation
    30  of $2,000,000 authorized by chapter 53 of the laws of 2006 for a  Fredo-
    31  nia  vineyard  laboratory,  reimbursement  from the proceeds of notes or
    32  bonds issued by the  urban  development  corporation  or  the  dormitory
    33  authority  for an appropriation of $99,500,000 authorized by chapter 108
    34  of the laws of 2006 to the office for technology for payment of  capital
    35  construction  costs  for  a consolidated data center, reimbursement from
    36  the proceeds of notes or bonds issued by the dormitory authority or  the
    37  urban  development  corporation  for  an  appropriation  of  $40,000,000
    38  authorized by chapter 108 of the laws of 2006 for a food testing labora-
    39  tory, reimbursement from the proceeds of notes or bonds  issued  by  the
    40  New  York  state  thruway  authority for an appropriation of $22,000,000

    41  authorized by chapter 108 of the laws  of  2006  to  the  department  of
    42  transportation  for  high speed rail, reimbursement from the proceeds of
    43  notes or bonds issued by the urban development corporation  for  capital
    44  disbursements  of up to $500,000,000 from an appropriation authorized by
    45  chapter 108 of the laws of 2006 to the urban development corporation for
    46  development of a  semiconductor  manufacturing  facility,  reimbursement
    47  from  the  proceeds  of  notes  or bonds issued by the urban development
    48  corporation of up to $150,000,000 from an  appropriation  authorized  by
    49  chapter 108 of the laws of 2006 to the urban development corporation for
    50  research and development activities of a semiconductor manufacturer, and
    51  reimbursement  from  the  proceeds of notes or bonds issued by the urban
    52  development corporation for capital disbursements of up to  $300,000,000

    53  from an appropriation to the urban development corporation authorized by
    54  chapter 108 of the laws of 2006 for community revitalization projects.
    55    §  12.  Notwithstanding  any  other  law,  rule,  or regulation to the
    56  contrary, the comptroller is hereby authorized and directed  to  deposit

        S. 7276                             9
 
     1  to  the  credit  of  the  capital  projects fund, reimbursement from the
     2  proceeds of notes or bonds issued by the environmental facilities corpo-
     3  ration for a capital appropriation of $29,600,000 authorized by  chapter
     4  55  of  the laws of 2007 to the department of environmental conservation
     5  for payment of a portion of the state's match for federal capitalization
     6  grants for the water pollution control revolving loan  fund,  reimburse-
     7  ment from the proceeds of notes or bonds issued by the urban development

     8  corporation  for  disbursements  of  up  to $20,000,000 from any capital
     9  appropriation or reappropriation authorized by chapter 50 of the laws of
    10  2007 to the office of general services for various purposes,  reimburse-
    11  ment  from  the  proceeds  of notes or bonds issued by the environmental
    12  facilities  corporation  for  a  capital  appropriation  of  $13,500,000
    13  authorized  by chapter 55 of the laws of 2007 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 environmental facilities corporation for a capital appropriation  of
    17  $10,000,000  authorized by chapter 55 of the laws of 2007 to the depart-
    18  ment of environmental conservation for Onondaga lake, reimbursement from
    19  the proceeds of notes or bonds issued by  the  environmental  facilities

    20  corporation  for  disbursements  of  up  to $12,000,000 from any capital
    21  appropriations or reappropriations authorized by chapter 55 of the  laws
    22  of  2007  to  the  department of environmental conservation for environ-
    23  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
    24  issued by the urban development corporation for capital disbursements of
    25  up  to  $3,000,000  from  any  capital  appropriation or reappropriation
    26  authorized by chapter 50 of the laws of 2007 to the division of military
    27  and naval affairs for various purposes, reimbursement from the  proceeds
    28  of  notes  or  bonds  issued  by  the  urban development corporation for
    29  disbursements from a capital appropriation of $50,000,000 authorized  by
    30  chapter  50  of  the  laws  of  2007 to the division of state police for
    31  construction of a Troop G facility, reimbursement from the  proceeds  of

    32  notes or bonds issued by the urban development corporation for disburse-
    33  ments  from  a capital appropriation of $6,000,000 authorized by chapter
    34  50 of the laws of 2007 to the division of state police for  construction
    35  of evidence storage facilities, reimbursement from the proceeds of notes
    36  or  bonds issued by the urban development corporation for capital appro-
    37  priations totaling $77,900,000 authorized by chapter 51 of the  laws  of
    38  2007  to  the  judiciary  for  court  training facilities and courthouse
    39  improvement projects, reimbursement from the proceeds of notes or  bonds
    40  issued  by the urban development corporation for a capital appropriation
    41  of $20,000,000 authorized by chapter 50 of the laws of 2007 to all state
    42  departments and agencies for the purchase  of  equipment,  reimbursement
    43  from  the  proceeds  of notes or bonds issued by the dormitory authority

    44  for capital disbursements of up to $14,000,000 from any  capital  appro-
    45  priation or reappropriation authorized by chapter 53 of the laws of 2007
    46  for  library  construction,  reimbursement from the proceeds of notes or
    47  bonds issued by the dormitory authority for capital disbursements of  up
    48  to $60,000,000 from any capital appropriation or reappropriation author-
    49  ized  by  chapter  53 of the laws of 2007 for cultural education storage
    50  facilities, reimbursement from the proceeds of notes or bonds issued  by
    51  the  urban  development  corporation  for capital disbursements of up to
    52  $15,000,000 from any capital appropriation or reappropriation authorized
    53  by chapter 55 of the laws of 2007 for  the  Roosevelt  Island  Operating
    54  Corporation  aerial tramway, reimbursement from the proceeds of notes or
    55  bonds issued by the urban development corporation for capital  disburse-

    56  ments of up to $20,000,000 from any capital appropriation or reappropri-

        S. 7276                            10
 
     1  ation  authorized  by  chapter  55  of  the  laws of 2007 for Governor's
     2  Island, reimbursement from the proceeds of notes or bonds issued by  the
     3  urban  development  corporation  for  capital  disbursements  of  up  to
     4  $7,500,000  from any capital appropriation or reappropriation authorized
     5  by chapter 55 of the laws of 2007 for Harriman research  and  technology
     6  park,  reimbursement  from  the proceeds of notes or bonds issued by the
     7  urban  development  corporation  for  capital  disbursements  of  up  to
     8  $7,950,000  from any capital appropriation or reappropriation authorized
     9  by chapter 55 of the laws of 2007 for  USA  Niagara,  and  reimbursement
    10  from  the  proceeds  of  notes  or bonds issued by the urban development

    11  corporation for capital disbursements of up to $1,300,000 from appropri-
    12  ations authorized by chapter 50 of the laws of 2007 made to  the  office
    13  of general services for legislative office building hearing rooms.
    14    §  13.  Notwithstanding  any  other  law,  rule,  or regulation to the
    15  contrary, the comptroller is hereby authorized and directed  to  deposit
    16  to  the  credit  of  the  capital  projects fund, reimbursement from the
    17  proceeds of notes or bonds issued by the environmental facilities corpo-
    18  ration for a capital appropriation of $29,600,000 authorized by  chapter
    19  55  of  the laws of 2008 to the department of environmental conservation
    20  for payment of a portion of the state's match for federal capitalization
    21  grants for the water pollution control revolving loan  fund,  reimburse-
    22  ment from the proceeds of notes or bonds issued by the urban development

    23  corporation  for  a  capital appropriation of $141,000,000 authorized by
    24  chapter 50 of the laws of 2008 to all state departments and agencies for
    25  the purchase of equipment or systems development, reimbursement from the
    26  proceeds of notes or bonds issued by the urban  development  corporation
    27  for disbursements of up to $45,500,000 from any capital appropriation or
    28  reappropriation  authorized  by  chapter  50  of the laws of 2008 to the
    29  office of general services for various purposes, reimbursement from  the
    30  proceeds of notes or bonds issued by the environmental facilities corpo-
    31  ration  for a capital appropriation of $13,500,000 authorized by chapter
    32  55 of the laws of 2008 to the energy research and development  authority
    33  for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
    34  reimbursement from the proceeds of notes or bonds issued by the environ-

    35  mental facilities corporation for a capital appropriation of $10,000,000
    36  authorized by chapter 55 of the laws of 2008 to the department of  envi-
    37  ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
    38  proceeds of notes or bonds issued by the environmental facilities corpo-
    39  ration for disbursements of up to $12,000,000 from any capital appropri-
    40  ations or reappropriations authorized by chapter 55 of the laws of  2008
    41  to  the  department  of  environmental  conservation  for  environmental
    42  purposes, reimbursement from the proceeds of notes or  bonds  issued  by
    43  the  urban  development  corporation  for capital disbursements of up to
    44  $3,000,000 from any capital appropriation or reappropriation  authorized
    45  by  chapter 50 of the laws of 2008 to the division of military and naval
    46  affairs for various purposes, reimbursement from the proceeds  of  notes

    47  or  bonds  issued  by  the  urban  development corporation for a capital
    48  appropriation of $11,000,000 authorized by chapter 50  of  the  laws  of
    49  2008 to the office for technology for the costs of development of inter-
    50  im  data  center facilities, reimbursement from the proceeds of notes or
    51  bonds issued by the urban development corporation for a  capital  appro-
    52  priation  of $10,000,000 authorized by chapter 50 of the laws of 2008 to
    53  the office for technology for activities related to  broadband  service,
    54  reimbursement  from  the  proceeds of notes or bonds issued by the urban
    55  development  corporation  for  a  capital  appropriation  of  $6,000,000
    56  authorized  by  chapter  50 of the laws of 2008 to the division of state

        S. 7276                            11
 
     1  police for rehabilitation of facilities, reimbursement from the proceeds

     2  of notes or bonds issued by the Dormitory Authority of the State of  New
     3  York or other financing source for a capital appropriation authorized by
     4  chapter  53  of the laws of 2008 of $14,000,000 to the education depart-
     5  ment for library construction, reimbursement from the proceeds of  notes
     6  or  bonds  issued by the Dormitory Authority of the State of New York or
     7  other financing source for a capital appropriation authorized by chapter
     8  53 of the laws of 2008 of $15,000,000 to the  education  department  for
     9  museum  renewal  projects,  reimbursement  from the proceeds of notes or
    10  bonds issued by the urban development corporation for capital  appropri-
    11  ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
    12  urban  development  corporation for services and expenses related to the
    13  investment opportunity fund, reimbursement from the proceeds of notes or

    14  bonds issued by the urban development corporation for capital  appropri-
    15  ation of $30,000,000 authorized by chapter 53 of the laws of 2008 to the
    16  urban  development corporation for services and expenses related to arts
    17  and cultural projects, reimbursement from the proceeds of bonds or notes
    18  issued by the urban development corporation for a capital  appropriation
    19  of $35,000,000 authorized by chapter 53 of the laws of 2008 for economic
    20  and  community  development projects, reimbursement from the proceeds of
    21  bonds or notes issued by the urban development corporation for a capital
    22  appropriation of $30,000,000 authorized by chapter 53  of  the  laws  of
    23  2008  for  New  York city waterfront development projects, reimbursement
    24  from the proceeds of bonds or notes  issued  by  the  urban  development
    25  corporation  for  a  capital  appropriation of $45,000,000 authorized by

    26  chapter 53  of  the  laws  of  2008  for  Luther  Forest  infrastructure
    27  projects,  reimbursement  from  the proceeds of notes or bonds issued by
    28  the  urban  development  corporation  for   capital   appropriation   of
    29  $35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
    30  development corporation for services and expenses related  to  downstate
    31  regional  projects,  reimbursement  from  the proceeds of notes or bonds
    32  issued by the urban development corporation for capital appropriation of
    33  $145,000,000 authorized by chapter 53 of the laws of 2008 to  the  urban
    34  development  corporation  for  services  and expenses related to upstate
    35  city-by-city projects, reimbursement from the proceeds of notes or bonds
    36  issued by the urban development corporation for capital appropriation of
    37  $35,000,000 authorized by chapter 53 of the laws of 2008  to  the  urban

    38  development  corporation  for services and expenses related to the down-
    39  state revitalization projects, reimbursement from the proceeds of  notes
    40  or  bonds issued by the urban development corporation for capital appro-
    41  priation of $120,000,000 authorized by chapter 53 of the laws of 2008 to
    42  the urban development corporation for services and expenses  related  to
    43  the  upstate regional blueprint fund, reimbursement from the proceeds of
    44  notes or bonds issued by the urban development corporation  for  capital
    45  appropriation  of  $40,000,000  authorized  by chapter 53 of the laws of
    46  2008 to the urban development  corporation  for  services  and  expenses
    47  related   to   the   upstate  agricultural  economic  development  fund,
    48  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    49  development   corporation  for  capital  appropriation  of  $350,000,000

    50  authorized by chapter 53 of the laws of 2008 to  the  urban  development
    51  corporation  for  services  and  expenses  related to the New York state
    52  capital assistance program, reimbursement from the proceeds of notes  or
    53  bonds  issued by the urban development corporation for capital appropri-
    54  ation of $350,000,000 authorized by chapter 53 of the laws  of  2008  to
    55  the  urban  development corporation for services and expenses related to
    56  the  New  York  state  economic  development  assistance  program,   and

        S. 7276                            12
 
     1  reimbursement  from  the  proceeds of notes or bonds issued by the urban
     2  development corporation for capital appropriation of $20,000,000 author-
     3  ized by chapter 55 of the laws of 2008 to the urban  development  corpo-
     4  ration  for  services  and expenses related to the empire state economic

     5  development fund.
     6    § 14. 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 $29,600,000 authorized by chapter
    11  55 of the laws of 2009 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 a capital appropriation of  $129,800,000  authorized  by
    16  chapter 50 of the laws of 2009 to all state departments and agencies for

    17  the purchase of equipment or systems development, reimbursement from the
    18  proceeds  of  notes or bonds issued by the urban development corporation
    19  for disbursements of up to $24,000,000 from any capital appropriation or
    20  reappropriation authorized by chapter 50 of the  laws  of  2009  to  the
    21  office  of general services for various purposes, reimbursement from the
    22  proceeds of notes or bonds issued by the environmental facilities corpo-
    23  ration for a capital appropriation of $13,500,000 authorized by  chapter
    24  55  of the laws of 2009 to the energy research and development authority
    25  for the  Western  New  York  Nuclear  Service  Center  at  West  Valley,
    26  reimbursement from the proceeds of notes or bonds issued by the environ-
    27  mental facilities corporation for a capital appropriation of $10,000,000
    28  authorized  by chapter 55 of the laws of 2009 to the department of envi-

    29  ronmental  conservation  for  Onondaga  lake,  reimbursement  from   the
    30  proceeds of notes or bonds issued by the environmental facilities corpo-
    31  ration for disbursements of up to $12,000,000 from any capital appropri-
    32  ations  or reappropriations authorized by chapter 55 of the laws of 2009
    33  to  the  department  of  environmental  conservation  for  environmental
    34  purposes,  reimbursement  from  the proceeds of notes or bonds issued by
    35  the urban development corporation for capital  disbursements  of  up  to
    36  $3,000,000  from any capital appropriation or reappropriation authorized
    37  by chapter 50 of the laws of 2009 to the division of military and  naval
    38  affairs  for  various purposes, reimbursement from the proceeds of notes
    39  or bonds issued by the  urban  development  corporation  for  a  capital
    40  appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009

    41  to  the  division  of  state  police  for  rehabilitation of facilities,
    42  reimbursement from the proceeds of notes or bonds issued by the Dormito-
    43  ry Authority of the State of New York or other financing  source  for  a
    44  capital  appropriation  authorized  by chapter 53 of the laws of 2009 of
    45  $14,000,000 to the State Education Department for library  construction,
    46  reimbursement from the proceeds of notes or bonds issued by the Dormito-
    47  ry  Authority  of  the State of New York or other financing source for a
    48  capital appropriation of $4,000,000 to the  State  Education  Department
    49  for  rehabilitation  associated  with  the  St.  Regis Mohawk elementary
    50  school authorized by chapter 53 of the laws of  2009  and  reimbursement
    51  from  the  proceeds  of  notes  or bonds issued by the urban development
    52  corporation for capital appropriation of $25,000,000 authorized by chap-

    53  ter 55 of the laws of 2009 to  the  urban  development  corporation  for
    54  services  and  expenses related to the empire state economic development
    55  fund.

        S. 7276                            13
 
     1    § 15. Notwithstanding any  other  law,  rule,  or  regulation  to  the
     2  contrary,  the  comptroller is hereby authorized and directed to deposit
     3  to the credit of the  capital  projects  fund,  reimbursement  from  the
     4  proceeds  of  notes or bonds issued by the dormitory authority and urban
     5  development  corporation  for  disbursements of up to $8,000,000 from an
     6  appropriation authorized by chapter 50 of the  laws  of  2009  for  drug
     7  courts.
     8    §  16.  Notwithstanding  any  other  law,  rule,  or regulation to the
     9  contrary, the comptroller is hereby authorized and directed  to  deposit

    10  to  the  credit  of  the  city  university  special  revenue fund (377),
    11  reimbursement from the proceeds of notes or bonds issued by the Dormito-
    12  ry Authority of the State of New York for capital disbursements of up to
    13  $20,000,000 from any  appropriation  or  reappropriation  authorized  by
    14  chapter  53  of  the laws of 2009 to the city university of New York for
    15  various purposes.
    16    § 17. This act shall take effect immediately; provided, however,  that
    17  upon  enactment of legislation constituting the 2010-11 budget, sections
    18  four through sixteen of this act shall cease to have  force  and  effect
    19  and shall be deemed repealed.
 
    20                                   PART B
 
    21    Section  1.  Section 2 of chapter 21 of the laws of 2003, amending the
    22  executive law relating to permitting the secretary of state  to  provide

    23  special  handling  for  all documents filed or issued by the division of
    24  corporations and to permit additional levels of such expedited  service,
    25  as amended by section 1 of part RR of chapter 59 of the laws of 2009, is
    26  amended to read as follows:
    27    §  2.  This  act shall take effect immediately, provided however, that
    28  section one of this act shall be deemed to have been in full  force  and
    29  effect  on  and  after  April  1, 2003 and shall expire March 31, [2010]
    30  2011.
    31    § 2. This act shall take effect immediately and  shall  be  deemed  to
    32  have been in full force and effect on and after March 31, 2010.
 
    33                                   PART C
 
    34    Section  1.  Subdivision  1  of section 2976 of the public authorities
    35  law, as amended by section 1 of part X of chapter  85  of  the  laws  of
    36  2002, is amended to read as follows:

    37    1.  Notwithstanding  any  other  law  to  the contrary, public benefit
    38  corporations (which for purposes of this section  shall  include  indus-
    39  trial  development  agencies  created  pursuant  to title one of article
    40  eighteen-A of the general municipal law or any other  provision  of  law
    41  and  the  New York city housing development corporation created pursuant
    42  to article twelve of the private housing finance law) which issue bonds,
    43  notes or other obligations shall pay to the state a bond issuance charge
    44  upon the issuance of such bonds in  an  amount  determined  pursuant  to
    45  subdivision  two of this section. Such charge shall be paid to the state
    46  department of taxation and finance, upon forms prescribed  therefor,  no
    47  later  than  fifteen  days  from  the end of the month within which such
    48  bonds are issued.

    49    § 2. This act shall take effect immediately.
 
    50                                   PART D

        S. 7276                            14
 
     1    Section 1. Subdivision 3-b of section 1 of part C of chapter 57 of the
     2  laws of 2006, relating to establishing a cost of living  adjustment  for
     3  designated  human  services programs, as added by section 1 of part L of
     4  chapter 58 of the laws of 2009, is amended to read as follows:
     5    3-b.  Notwithstanding  any  inconsistent  provision  of law, beginning
     6  April 1, 2009 and ending [March 31, 2010] upon enactment of  legislation
     7  constituting the 2010-2011 budget, the commissioners shall not include a
     8  COLA for the purpose of establishing rates of payments, contracts or any
     9  other form of reimbursement.
    10    §  2.  This  act  shall take effect immediately and shall be deemed to

    11  have been in full force and effect on and after April 1, 2010; provided,
    12  however, that the amendments to section 1 of part C of chapter 57 of the
    13  laws of 2006 made by section one of this act shall not affect the repeal
    14  of such section and shall be deemed repealed therewith.
 
    15                                   PART E
 
    16    Section 1.  Subparagraph (i) of paragraph (b) of  subdivision  2-b  of
    17  section 2808 of the public health law, as amended by section 3 of part D
    18  of chapter 58 of the laws of 2009, is amended to read as follows:
    19    (i)  Subject  to the provisions of subparagraphs (ii) through (xiv) of
    20  this paragraph, for periods on and after April first, two thousand  nine
    21  [through March thirty-first, two thousand ten] the operating cost compo-
    22  nent  of  rates  of  payment  shall reflect allowable operating costs as

    23  reported in each facility's cost report for the two thousand two  calen-
    24  dar  year,  as  adjusted  for inflation on an annual basis in accordance
    25  with the methodology set forth in paragraph (c) of  subdivision  ten  of
    26  section twenty-eight hundred seven-c of this article, provided, however,
    27  that for those facilities which do not receive a per diem add-on adjust-
    28  ment pursuant to subparagraph (ii) of paragraph (a) of this subdivision,
    29  rates shall be further adjusted to include the proportionate benefit, as
    30  determined  by  the commissioner, of the expiration of the opening para-
    31  graph and paragraph (a) of subdivision sixteen of this  section  and  of
    32  paragraph  (a)  of  subdivision  fourteen  of this section, and provided
    33  further that the operating cost component of rates of payment for  those
    34  facilities  which  did  not  receive a per diem adjustment in accordance

    35  with subparagraph (ii) of paragraph (a) of this subdivision shall not be
    36  less than the operating component such facilities received  in  the  two
    37  thousand eight rate period, as adjusted for inflation on an annual basis
    38  in  accordance with the methodology set forth in paragraph (c) of subdi-
    39  vision ten of section twenty-eight hundred seven-c of this  article  and
    40  further  provided,  however,  that  rates for facilities whose operating
    41  cost component reflects base year costs subsequent to January first, two
    42  thousand two shall have rates computed in  accordance  with  this  para-
    43  graph,  utilizing  allowable  operating costs as reported in such subse-
    44  quent base year period, and trended forward to the rate year in  accord-
    45  ance with applicable inflation factors.
    46    §  2.  The opening paragraph and subparagraph (vi) of paragraph (a) of

    47  subdivision 2-c of section 2808 of the public health law,  as  added  by
    48  section  5  of  part D of chapter 58 of the laws of 2009, are amended to
    49  read as follows:
    50    Notwithstanding paragraph (b) of subdivision two-b of this section and
    51  any other inconsistent provision of this section or any  other  contrary
    52  provision  of  law  and subject to the availability of federal financial
    53  participation, the operating costs of rates of payment  by  governmental
    54  agencies  for  inpatient  services  provided  by residential health care

        S. 7276                            15
 
     1  facilities on and after April first, two thousand ten, or on  and  after
     2  the  date  the  state  budget  for the state fiscal year beginning April
     3  first, two thousand ten is enacted into law, whichever is  later,  shall

     4  be determined in accordance with the following:
     5    (vi) Notwithstanding subparagraph (i) of this paragraph, the operating
     6  cost  component  of the rates, effective [April first, two thousand ten]
     7  for the periods on and after the date rates pursuant to subparagraph (i)
     8  of this paragraph take effect for the following  categories  of  facili-
     9  ties,  as  established pursuant to applicable regulations, shall reflect
    10  the rates in effect for such  facilities  on  [March  thirty-first,  two
    11  thousand  ten]  the day immediately preceding the date rates pursuant to
    12  subparagraph  (i)  of  this  paragraph  take  effect,  as  adjusted  for
    13  inflation in accordance with applicable statutes: (A) AIDS facilities or
    14  discrete  AIDS units within facilities, (B) discrete units for residents

    15  receiving care in a long-term inpatient rehabilitation program for trau-
    16  matic brain injured persons, (C) discrete  units  providing  specialized
    17  programs  for residents requiring behavioral interventions, (D) discrete
    18  units for long-term ventilator dependent residents, and  (E)  facilities
    19  or  discrete  units  within  facilities  that provide extensive nursing,
    20  medical, psychological and counseling support services solely  to  chil-
    21  dren.  Such rate shall remain in effect until the department, in consul-
    22  tation with representatives of the nursing home industry, as selected by
    23  the commissioner, develops a regional pricing or alternative methodology
    24  for determining such rates.
    25    § 3. Section 2 of part D of chapter 58 of the laws of  2009,  amending
    26  the public health law and other laws relating to Medicaid reimbursements

    27  to residential health care facilities, is amended to read as follows:
    28    §  2. Notwithstanding paragraph (b) of subdivision 2-b of section 2808
    29  of the public health law or any other contrary provision  of  law,  with
    30  regard  to  adjustments  to  medicaid  rates  of  payment  for inpatient
    31  services provided by residential health care facilities for  the  period
    32  April  1, 2009 through March 31, 2010, made pursuant to paragraph (b) of
    33  subdivision 2-b of section 2808 of the public health  law,  the  commis-
    34  sioner  of  health and the director of the budget shall, upon a determi-
    35  nation that such adjustments, including the application  of  adjustments
    36  authorized  by  the  provisions  of  paragraph (g) of subdivision 2-b of
    37  section 2808 of the public health law,  shall  result  in  an  aggregate
    38  increase  in  total Medicaid rates of payment for such services for such

    39  period that is less than or more than two hundred  ten  million  dollars
    40  ($210,000,000),  make such proportional adjustments to such rates as are
    41  necessary to result in an increase of such aggregate expenditures of two
    42  hundred ten million dollars ($210,000,000), and provided further, howev-
    43  er, that the operating component of such rates for the period  April  1,
    44  2009 through March 31, 2010 shall not be subject to case mix adjustments
    45  pursuant  to  subparagraph  (ii)  of paragraph (b) of subdivision 2-b of
    46  section 2808 of the public health law, as otherwise  scheduled  pursuant
    47  to such subparagraph for January of 2010, and provided further, however,
    48  that  notwithstanding  [subdivision  2-c  of] section 2808 of the public
    49  health law or any other  contrary  provision  of  law,  with  regard  to
    50  adjustments  to inpatient rates of payment made pursuant to [subdivision

    51  2-c of] section 2808 of the public health  law  for  inpatient  services
    52  provided  by  residential health care facilities for the period April 1,
    53  2010 through March 31, 2011, the commissioner of health and the director
    54  of the budget shall, upon a determination by such commissioner and  such
    55  director  that  such rate adjustments shall, prior to the application of
    56  any applicable adjustment for inflation, result in an aggregate increase

        S. 7276                            16
 
     1  in total Medicaid rates of payment for such services, make such  propor-
     2  tional  adjustments  to such rates as are necessary to reduce such total
     3  aggregate rate adjustments such that the  aggregate  total  reflects  no
     4  such  increase  or decrease.   Adjustments made pursuant to this section
     5  shall not be subject to subsequent correction or reconciliation.

     6    § 4. This act shall take effect immediately.
     7    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     8  sion, section or part of this act shall be  adjudged  by  any  court  of
     9  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    10  impair, or invalidate the remainder thereof, but shall  be  confined  in
    11  its  operation  to the clause, sentence, paragraph, subdivision, section
    12  or part thereof directly involved in the controversy in which such judg-
    13  ment shall have been rendered. It is hereby declared to be the intent of
    14  the legislature that this act would  have  been  enacted  even  if  such
    15  invalid provisions had not been included herein.
    16    §  3.  This  act shall take effect immediately provided, however, that
    17  the applicable effective date of Parts A through E of this act shall  be

    18  as specifically set forth in the last section of such Parts.
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