2975 - Recovery of state governmental costs from public authorities and public benefit corporations.

§  2975.  Recovery of state governmental costs from public authorities  and public benefit corporations. 1. Notwithstanding any other  provision  of  law to the contrary, every public authority and every public benefit  corporation created by or pursuant to New York state law at least  three  of  whose  members are appointed by the governor, whether such authority  or corporation is otherwise governed by this chapter (such entities,  as  so  constituted,  to  be  hereafter in this title referred to as "public  benefit corporations"), shall reimburse to New York state  an  allocable  share  of  state  governmental  costs  attributable  to the provision of  services to public  benefit  corporations,  as  determined  herein.  The  payment  of  such  costs  by  public benefit corporations is a valid and  proper purpose for which available authority funds may be applied.    2. (a) Annually the director of the division  of  the  budget  of  the  state of New York (such person to be hereafter in this title referred to  as  the  "director  of  the  budget"),  in  consultation  with the state  comptroller, shall determine the total amount of expenses incurred or to  be incurred during the  state's  fiscal  year  in  connection  with  the  provision   of   central   governmental   services   to  public  benefit  corporations. Such expenses, in addition to the direct costs of personal  service, shall include indirect costs of employee benefits,  maintenance  and operation, state equipment and facilities, rental for space occupied  in  state  leased  facilities  or  the fair market rental value of space  occupied in state owned facilities, and  contractual  services,  all  as  attributable  to  the  provision  of  otherwise unreimbursed services to  public benefit corporations by the New York state  department  of  audit  and  control,  department  of  law,  executive  chamber, division of the  budget, the legislature, and such agencies, boards or commissions as the  director of the  budget  determines  provide  such  services  to  public  benefit corporations.    (b)  On  or before November first, two thousand three and on or before  November first of each year thereafter, the director of the budget shall  determine the amount owed under this  section  by  each  public  benefit  corporation.  The  director  of the budget may reduce, in whole or part,  the amount of such assessment if the payment thereof would necessitate a  state appropriation for  the  purpose,  or  would  otherwise  impose  an  extraordinary hardship upon the affected public benefit corporation. The  aggregate  amount  assessed under this section in any given state fiscal  year may not exceed fifty-five million dollars.    3. The state treasurer shall  impose  and  collect  such  assessments,  which  shall  be  paid  no  later  than March thirty-first following the  imposition of the assessments, and pay the same into the state  treasury  to the credit of the general fund.    3-a.  A  direct  portion of these funds shall be allocated to fund the  authorities budget office established by section four of this chapter.    4. The provisions of subdivisions two and three of this section  shall  not apply to any public benefit corporation which enters into a contract  or  agreement  with  the director of the budget which otherwise provides  for cost recovery to  the  state  and  includes  a  provision  that,  in  accordance  with  this  subdivision,  subdivisions two and three of this  section  shall  not  apply  to  such  public  benefit  corporation.  The  circumstances for the entry into such contract or agreement may include,  but  shall  not be limited to, the following: (a) where such contract or  agreement is for an amount which equals or exceeds  the  amount  of  the  assessment provided by subdivision two of this section; or    (b)  where  the payment of all or a portion of the assessment provided  by subdivision two of this section would necessitate, in the judgment of  the director of the budget, an appropriation therefor by the state.5. On or before June first, nineteen hundred ninety, and  annually  on  or  before  June  first,  the director of the budget shall report to the  respective chairpersons of the assembly ways  and  means  committee  and  senate  finance  committee the amount of cost recovery obtained pursuant  to  this title and all contracts and agreements entered into pursuant to  subdivision four of this section for the state fiscal year ending on the  preceding March thirty-first.