N.Y. Education Law § 6279: Payments to fund

§ 6279. Payments to fund. To enable the fund to realize its corporate

purposes, as provided in section sixty-two hundred seventy-three of this

article, the following monies shall be made available to the fund as

hereinafter provided:

(1) The state shall, in addition to any other state financial

assistance, annually appropriate and pay to the fund an amount equal to

the aggregate of all rentals and such other payments due to the

dormitory authority from the fund pursuant to any lease, sublease or

other agreement entered into between the dormitory authority and the

fund prior to July first, nineteen hundred eighty-five or pursuant to

any agreement supplemental thereto, pursuant to which the fund and the

dormitory authority provide senior college facilities, for the city

fiscal year commencing July first succeeding the filing of the report

required to be submitted by the fund pursuant to subdivision seven of

section sixty-two hundred seventy-four of this article. Such amount

shall be paid to the fund as follows: (i) on or before the fifteenth day

of July of the fiscal year of the city, the amount required to be paid

by the fund under any such lease, sublease or other agreement on or

before the first day of August of such city fiscal year; (ii) on or

before the fifteenth day of November of the fiscal year of the city, the

amount required to be paid by the fund under any such lease, sublease or

other agreement on or before the tenth day of December of such city

fiscal year; (iii) on or before the fifteenth day of May of the fiscal

year of the city, the amount required to be paid by the fund under any

such lease, sublease or other agreement on or before the tenth day of

June of such city fiscal year; and (iv) on such day or days as shall be

prescribed under any such lease, sublease or other agreements, the

amount required to be paid by the fund under any such lease, sublease or

other agreements entered into on or after April first, nineteen hundred

ninety-nine.

The state shall, in addition to any other state financial assistance,

annually appropriate and pay to the fund an amount equal to one-half the

aggregate of all rentals and such other payments due to the dormitory

authority from the fund pursuant to any lease, sublease or other

agreement entered into between the dormitory authority and the fund

prior to July first, nineteen hundred eighty-five or pursuant to any

agreement supplemental thereto, pursuant to which the fund and the

dormitory authority provide community college facilities, for the city

fiscal year commencing July first succeeding the filing of the report

required to be submitted by the fund pursuant to subdivision seven of

section sixty-two hundred seventy-four of this article, which amount

shall be payable as follows: (a) fifty per centum of such amount shall

be payable, (i) with respect to any portion thereof required to be paid

by the fund under any such lease, sublease or other agreement on or

before the first day of August of such city fiscal year, on or before

the fifteenth day of July, and (ii) with respect to any portion thereof

so required to be paid by the fund on or before the tenth day of

December of such city fiscal year, on or before the fifteenth day of

November; (b) fifty per centum of such amount shall be payable on or

before the fifteenth day of May of such city fiscal year; and (c) fifty

per centum of such amount shall be payable on such day or days as shall

be prescribed under any such lease, sublease or other agreements, the

amount required to be paid by the fund under any such lease, sublease or

other agreements entered into on or after April first, nineteen hundred

ninety-nine.

(2) The city shall, in addition to any other city financial

assistance, annually pay to the fund an amount equal to one-half of the

aggregate of all rentals and such other payments due to the dormitory

authority from the fund pursuant to any lease, sublease or other

agreement entered into between the dormitory authority and the fund

prior to July first, nineteen hundred eighty-five or pursuant to any

agreement supplemental thereto, for the city fiscal year commencing July

first succeeding the filing of the report required to be submitted by

the fund pursuant to subdivision seven of section sixty-two hundred

seventy-four of this article, which amount shall be payable as follows:

(a) fifty per centum of such amount shall be payable, (i) with respect

to any portion thereof required to be paid by the fund under any such

lease, sublease or other agreement on or before the first day of August

of such city fiscal year, on or before the fifteenth day of July, and

(ii) with respect to any portion thereof so required to be paid by the

fund on or before the tenth day of December of such city fiscal year, on

or before the fifteenth day of November; and (b) fifty per centum of

such amount shall be payable on or before the fifteenth day of May of

such city fiscal year; provided, however, that such amount shall have

been first appropriated by the city to the fund or shall otherwise have

been made lawfully available to the fund for such purposes; provided,

further, that the amount required to be paid to the fund by the city at

any time on account of the rentals and such other payments due to the

dormitory authority from the fund pursuant to any lease, sublease or

other agreement entered into between the dormitory authority and the

fund prior to July first, nineteen hundred eighty-five or pursuant to

any agreement supplemental thereto, pursuant to which the fund and the

dormitory authority provide senior college facilities, shall be reduced

by an amount equal to the amount by which the payment made by the state

pursuant to the first paragraph of subdivision one of this section on

account of such lease, sublease or other agreement exceeds one-half of

the amount then required to be paid by the state on account of such

lease, sublease or other agreement. In the event of the failure of the

city to pay the fund, pursuant to the schedule of payments established

by this subdivision, all or part of such amounts, the fund shall

forthwith make and deliver to the comptroller of the state of New York a

certificate stating such amount and the sum, if any, paid by the city to

the fund with respect to such amount, and further stating the difference

between such amount and such sum, and, after the state comptroller shall

have given written notice to the city director of management and budget,

such difference, but not to exceed sixty-five million dollars in any one

city fiscal year, shall be paid to the fund by the state comptroller out

of the next succeeding payment of state aid apportioned to the city of

New York as per capita aid for the support of local government pursuant

to section fifty-four of the state finance law during such city fiscal

year. The amount so paid over to the fund shall be deducted from the

corresponding apportionment of such per capita state aid otherwise

payable to the city of New York, and shall not obligate the state to

make or entitle the city of New York to receive any additional

apportionment or payment of per capita state aid. Notwithstanding any

other provision of law, the city shall have the power to contract

indebtedness and to issue its obligations pursuant to the local finance

law for the purpose of financing any payment authorized or required to

be made by the city by this subdivision. Any such payment shall

constitute an object or purpose for which the period of probable

usefulness is hereby determined to be five years.

(3) (a) The state shall, in addition to any other state assistance,

annually appropriate and pay to the city of New York for the

twelve-month period commencing July first, nineteen hundred eighty-two

and thereafter, an amount equal to the amount paid by the city pursuant

to subdivision two of this section attributable to senior college

facilities.

(b) For the purposes of this section and subdivision seven of section

sixty-two hundred seventy-four of this article, the term "senior college

facilities" shall be deemed to mean and refer to any facility of the

city university which is or has been financed by bonds, notes or other

obligations of the dormitory authority pursuant to any lease, sublease

or other agreement between the dormitory authority and the fund which

relates to an educational unit of the city university which was, or is,

included as a senior college on the date as of which such lease,

sublease or other agreement is dated.

(c) In addition to the amounts specified in paragraph (a) of this

subdivision, the state shall, in addition to any other state assistance,

annually appropriate and pay to the city of New York for the twelve

month period commencing July first, nineteen hundred eighty-two and

thereafter an amount equal to the amount paid by the city pursuant to

subdivision two of this section attributable to facilities of New York

city college of technology and to that educational unit of the college

of Staten Island whose primary purpose is providing associate and

certificate programs in general and technical educational subjects.

(4) The state shall, in addition to any other state financial

assistance, annually appropriate and pay to the fund for the benefit of

the city university an amount equal to the aggregate of all rentals and

other payments due to the dormitory authority from the fund on account

of senior college facilities and one-half of all rentals and other

payments due to the dormitory authority from the fund on account of

community college facilities, which rentals and other payments are

payable by the fund pursuant to any lease, sublease or other agreement

entered into between the dormitory authority and the fund on or after

July first, nineteen hundred eighty-five, other than pursuant to an

agreement supplemental to any lease, sublease or other agreement entered

into between the dormitory authority and the fund prior to July first,

nineteen hundred eighty-five, for the city fiscal year commencing July

first succeeding the filing of the report required to be submitted by

the fund pursuant to subdivision seven of section sixty-two hundred

seventy-four of this article. Such amount shall be paid to the fund as

follows: (i) on or before the fifteenth day of July of the fiscal year

of the city, the amount required to be paid by the fund on account of

senior college facilities and fifty per centum of the amount required to

be paid by the fund on account of community college facilities under any

such lease, sublease or other agreement on or before the first day of

August of such city fiscal year; (ii) on or before the fifteenth day of

November of the fiscal year of the city, the amount required to be paid

by the fund on account of senior college facilities and fifty per centum

of the amount required to be paid by the fund on account of community

college facilities under any such lease, sublease or other agreement on

or before the tenth day of December of such city fiscal year; and (iii)

on or before the fifteenth day of May of the fiscal year of the city,

the amount required to be paid by the fund on account of senior college

facilities and fifty per centum of the amount required to be paid by the

fund on account of community college facilities under any such lease,

sublease or other agreement on or before the tenth day of June of such

city fiscal year. In the event of the failure of the state to pay the

fund when due pursuant to this subdivision all or part of such amounts,

the fund shall forthwith make and deliver to the comptroller of the

state of New York a certificate stating the amount of the payment

required to have been made by the state, the amount paid by the state

and the amount remaining unpaid by the state. The comptroller of the

state of New York, after giving written notice to the state director of

the budget, shall pay to the fund the amount set forth in such

certificate as remaining unpaid, which amount shall be paid from any

moneys appropriated by the state pursuant to section sixty-two hundred

twenty-one of this chapter or any successor provisions of law for or on

account of the net operating costs of senior colleges and not yet paid

during such city fiscal year and from any moneys appropriated by the

state pursuant to subdivision one of section sixty-three hundred four of

this chapter or any successor provisions of law for or on account of

operating costs of community colleges and not yet paid during such city

fiscal year or from any other moneys appropriated by the state for or on

account of the operating costs of senior or community colleges and not

yet paid during such city fiscal years, which moneys are appropriated in

lieu of or in addition to moneys appropriated pursuant to such

provisions of law. The amount required to be paid by the comptroller of

the state of New York pursuant to this subdivision shall be paid to the

fund as soon as practicable after receipt of the certificate of the fund

and notice to the state director of the budget is given whether or not

the moneys from which such payment is to be made are then payable to the

city or the city university; provided, however, that any amounts

described in clause (i), (ii) or (iii) of this subdivision that are

payable other than semi-annually, including for variable rate bonds,

interest rate exchange or similar agreements, or other financing

arrangements permitted by law, may be paid at such other times as the

state may elect, but in no event later than the fifteenth day of the

month preceding the month during which the fund is required by such

lease, sublease or agreement to pay such amounts.

(5) The city shall, in addition to any other city financial

assistance, annually appropriate and pay to the fund for the benefit of

the city university an amount equal to: (i) one-half of the aggregate of

all rentals and such other payments where the dormitory authority has

financed the entire capital cost of constructing community college

facilities, and (ii) all of the aggregate rentals and such other

payments where the dormitory authority has financed only the local

sponsor's portion of the capital cost of constructing community college

facilities pursuant to any lease, sublease or other agreement entered

into between the dormitory authority and the fund on or after July

first, nineteen hundred eighty-five, other than pursuant to an agreement

supplemental to any lease, sublease or other agreement entered into

between the dormitory authority and the fund prior to July first,

nineteen hundred eighty-five, for the city fiscal year commencing July

first succeeding the filing of the report required to be submitted by

the fund pursuant to subdivision seven of section sixty-two hundred

seventy-four of this article. Such amount shall be paid to the fund as

follows: (i) on or before the fifteenth day of July of the fiscal year

of the city, fifty per centum of the amount required to be paid by the

fund on account of community college facilities under any such lease,

sublease or other agreement on or before the first day of August of such

city fiscal year; (ii) on or before the fifteenth day of November of the

fiscal year of the city, fifty per centum of the amount required to be

paid by the fund on account of community college facilities under any

such lease, sublease or other agreement on or before the tenth day of

December of such city fiscal year; and (iii) on or before the fifteenth

day of May of the fiscal year of the city, fifty per centum of the

amount required to be paid by the fund on account of community college

facilities under any such lease, sublease or other agreement on or

before the tenth day of June of such city fiscal year. In the event of

the failure of the city to pay the fund when due pursuant to this

subdivision all or part of such amounts, the fund shall forthwith make

and deliver to the comptroller of the state of New York a certificate

stating the amount of the payment required to have been made by the

city, the amount paid by the city and the amount remaining unpaid by the

city. The comptroller of the state of New York, after giving written

notice to the city director of management and budget, shall pay to the

fund the amount set forth in such certificate as remaining unpaid, which

amount shall be paid, first, from the next succeeding payments of state

aid apportioned to the city as per capita aid for the support of local

government pursuant to section fifty-four of the state finance law

during such city fiscal year, provided that the amount the comptroller

of the state of New York may pay pursuant to this subdivision from such

next succeeding payment of state aid shall be limited to an amount

which, together with (i) the amount of such state aid theretofore paid

and then to be paid by the comptroller of the state of New York pursuant

to subdivision two of this section, (ii) the amount of such state aid

theretofore paid pursuant to this subdivision and (iii) the maximum

amount which may thereafter be required to be paid pursuant to

subdivision two of this section, in each such case during the city

fiscal year in which the payment is to be made pursuant to this

subdivision, does not exceed sixty-five million dollars; and, if the

amount of such state aid so paid by the comptroller of the state of New

York is less than the amount set forth in the certificate of the fund as

remaining unpaid, then from any moneys appropriated by the state

pursuant to section sixty-two hundred twenty-one of this chapter or any

successor provisions of law for or on account of the net operating costs

of senior colleges and not yet paid during such city fiscal year and

from any moneys appropriated by the state pursuant to subdivision one of

section sixty-three hundred four of this chapter or any successor

provisions of law for or on account of operating costs of community

colleges and not yet paid during such city fiscal year or from any

moneys appropriated by the state for or on account of the operating

costs of senior or community colleges and not yet paid during such city

fiscal year, which moneys are appropriated in lieu of or in addition to

moneys appropriated pursuant to such provisions of law. The amount

required to be paid by the comptroller of the state of New York pursuant

to this subdivision shall be paid to the fund as soon as practicable

after receipt of the certificate of the fund and notice to the city

director of management and budget is given, whether or not the state aid

or other moneys from which such payment is to be made is then payable to

the city or the city university. The amount of the state aid or other

moneys payable to the city or the city university from which the

comptroller of the state of New York has made a payment pursuant to this

subdivision shall be reduced by the amount so paid to the fund

notwithstanding the amount appropriated and apportioned by the state to

the city or the city university, and the state shall not be obligated to

make and the city or the city university shall not be entitled to

receive any additional apportionment or payment of such state aid or

other moneys; provided, however, that any amounts described in clause

(i), (ii) or (iii) of this subdivision that are payable other than

semi-annually, including for variable rate bonds, interest rate exchange

or similar agreements, or other financing arrangements permitted by law,

may be paid at such other times as the city may elect, but in no event

later than the fifteenth day of the month preceding the month during

which the fund is required by such lease, sublease or agreement to pay

such amounts.

(6) The amounts of money required to be paid pursuant to this section

shall be determined from the report required to be submitted by the fund

pursuant to subdivision seven of section sixty-two hundred seventy-four

of this article. Nothing contained in subdivision four or five of this

section shall be construed to create an obligation upon the state to

appropriate moneys for or on account of the operating costs of senior or

community colleges, to preclude the state from reducing the amount of

moneys appropriated or level of assistance provided for the operating

costs of senior or community colleges from the amount appropriated or

level of assistance provided in any prior city fiscal year, or to

preclude the state from altering or modifying the manner in which it

provides for or provides assistance for the operating costs of senior or

community colleges.

(7) Notwithstanding the designation of Medgar Evers college as a

senior college, for the period commencing July first, nineteen hundred

ninety-four and thereafter, the city of New York shall include Medgar

Evers college facilities in its calculation of amounts due the fund

pursuant to subdivision five of this section and for purposes of

paragraph c of subdivision one of section sixty-three hundred four of

this chapter.