332 - Allocations.

* §  332. Allocations. 1. Of the monies appropriated to the department  of state from the miscellaneous special  revenue  fund  -  (339),  local  wireless  public safety answering point account, the department of state  shall allocate such monies annually for eligible  wireless  911  service  costs  based on the population of an eligible municipality in proportion  to other eligible municipalities, from federal census data as determined  in the two thousand census. On or before August first, two thousand two,  and annually thereafter, the department of  state  shall  determine  the  municipalities  eligible to apply for reimbursement of eligible wireless  911 service costs. "Municipality" as used in this section shall have the  same meaning as  in  section  three  hundred  one  of  this  chapter.  A  municipality  shall  be  eligible  to apply for reimbursement if a local  public safety answering point has operated in such municipality  at  any  time  during  the  twelve  month period immediately preceding the annual  determination of eligible municipalities.    2. A municipality shall be eligible for one  hundred  percent  of  the  total   amount   allocated  to  the  municipality  except  that  in  any  municipality where on the effective date of  this  subdivision  a  local  public  safety  answering  point serviced a city, town or village within  the municipality, such city, town or village shall be entitled to  share  in  such allocation pursuant to section three hundred thirty-one of this  article. The municipality shall distribute its allocations  to  eligible  local  public  safety  answering  points in accordance with an equitable  distribution based upon eligible 911 service costs incurred.    3. Notwithstanding paragraph  two  of  this  section,  of  the  monies  appropriated  to  the department of state from the miscellaneous special  revenue  fund  (339),  local  wireless  public  safety  answering  point  account,  seven  and  one-half percent in state fiscal year two thousand  two--two thousand three, ten percent in state fiscal year  two  thousand  three--two  thousand  four,  and  five  percent in state fiscal year two  thousand four--two thousand five of the total amount available shall  be  allocated  exclusively for costs incurred in commencing the provision of  wireless 911 service after January first, nineteen hundred  ninety-three  and  prior  to  January  first,  two thousand two by local public safety  answering points that received wireless 911 calls during such period. On  or before August first, two thousand two the department of  state  shall  determine   the  municipalities  eligible  to  apply  for  reimbursement  pursuant to this subdivision and shall allocate such  moneys  among  the  eligible municipalities on a per capita basis in accordance with federal  census  data  as determined in the two thousand census. Such costs shall  include capital expenditures related to the operation  of  local  public  safety  answering  points,  including  any  reasonable costs incurred to  facilitate the sharing of basic or enhanced wireless 911 information.    4. The department of state shall calculate the allocations and  notify  each  eligible  municipality  by September fifteenth of each year of the  amount of its allocation or allocations that shall be available for that  year.  Allocations  for  each  year  may  be  utilized  by  an  eligible  municipality in whole or in part for a period of thirty-six months after  the  department  of  state  notifies  the  eligible  municipality of its  allocation, provided, however that an allocation can  be  combined  with  subsequent  allocations.  The department of state may grant an extension  of time to a municipality to  utilize  its  allocation  for  good  cause  shown.  If  after the three year period, any amount of the allocation is  not  expended,  disbursed  or  encumbered,  such  allocations  shall  be  available  for  the  next  calculation  of  allocations for all eligible  municipalities.    * NB Repealed  upon  notification  by  the  director  of  budget  upon  cessation of adverse effects