236-A - Public broadcasting facilities assistance program.
* § 236-a. Public broadcasting facilities assistance program. 1. Establish program. There is hereby established within the department a public broadcasting facilities assistance program to be administered according to the provisions of this section. 2. Purpose. The purpose of this program is to provide financial assistance to public broadcasting stations in New York state to encourage rehabilitation, acquisition, construction, and maintenance of their capital facilities and equipment to ensure that the social, educational, recreational and economic benefits of such organizations are enhanced. 3. Eligibility. a. Any public television or public radio station, incorporated in accordance with this article, is eligible to apply for this program. b. Any project or plan of capital improvement, including the acquisition, design, construction, reconstruction, rehabilitation, preservation, development, improvement or modernization of facilities and equipment and other physical assets of public broadcasting stations is eligible for funding under this program, provided that the provision in paragraph c of this subdivision is met. Notwithstanding any provisions of law to the contrary, eligible project costs for purposes of the capital improvement project grants program pursuant to this section may include, but not be limited to, the actual costs of design, financing, site acquisition and preparation, demolition, construction and rehabilitation of structures, equipment, parking and other related facilities. c. Eligibility for the capital improvement project grants shall be limited to projects that provide for matching non-state funds in an amount at least equal to the state grant being requested. Such matching non-state funds may include funds that will be expended or have been expended in the five year period prior to the effective date of this section by the public broadcasting station to assist in the conversion to digital broadcasting or to meet costs associated with the establishment of a public television station interconnect. 4. Allocation of aid. A public broadcasting station may apply for an initial aid allocation from the total amount appropriated for the purposes of this section. Funds shall be allocated between public television stations and public radio stations in accordance with the respective percentages each category of stations received in the aggregate from the two thousand four--two thousand five appropriation for state operating aid to public broadcasting stations. Each of the nine public televisions stations shall be eligible to receive a maximum allocation of one-ninth of the total amount of funds made available to public television stations in accordance with this subdivision. Any remaining funds following initial allocations shall be distributed to support eligible public broadcasting capital improvement projects according to a plan developed by the commissioner and approved by the division of the budget. 5. Capital improvement project grants. a. Subject to the provisions of chapter fifty-nine of the laws of two thousand, but notwithstanding any provisions of law to the contrary, one or more authorized issuers as defined by section sixty-eight-a of the state finance law are hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed fifteen million dollars, excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing approved capital improvement project grants for public broadcasting stations in New York state; and to reimburse the stategeneral fund for disbursements made therefor. Such bonds and notes of such authorized issuer shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to such authorized issuer for debt service and related expenses pursuant to any service contract executed pursuant to paragraph b of this subdivision and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. b. Notwithstanding any provisions of law to the contrary, in order to assist such authorized issuer in undertaking the administration and financing of the projects authorized pursuant to paragraph a of this subdivision, the director of the budget is hereby authorized to enter into one or more service contracts with such authorized issuer; none of which shall exceed more than twenty years in duration, upon such terms and conditions as the director of the budget and such authorized issuer agree, so as to annually provide to such authorized issuer, in the aggregate, a sum not to exceed the annual debt service payments and related expenses required for the bonds and notes issued pursuant to this subdivision. Any service contract entered into pursuant to this paragraph shall provide that the obligation of the state to pay the amount therein provided shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory only to the extent of monies available and that no liability shall be incurred by the state beyond the monies available for such purposes, subject to annual appropriation by the legislature. Any such contract or any payments made or to be made thereunder may be assigned or pledged by such authorized issuer as security for its bonds and notes, as authorized by this subdivision. 6. Certification. The commissioner shall certify, by December thirtieth, two thousand five and each year thereafter, to such issuer and the director of the budget, each public broadcasting station for which he or she has approved a capital improvement project grant pursuant to this section, and such other certifications and information regarding such project requested by such authorized issuer as is necessary for the issuance of bonds, notes, or other obligations, pursuant to this section and the amount of that grant. 7. Report. On or before November fifteenth of each year, the commissioner shall submit, and thereafter may resubmit, to the director of the budget, the state comptroller, the chair of the senate finance committee and the chair of the assembly ways and means committee a report setting forth the amounts, if any, of all annual payments estimated to be appropriated to the authority pursuant to such service contracts between the issuer and the director of the division of the budget pursuant to this section. * NB Repealed March 31, 2010