S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2802 A. 4002 S E N A T E - A S S E M B L Y February 1, 2011 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT making appropriations for the legal requirements of the state debt service and lease purchase payments and other special contractual obligations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The several sums specified in this section, or so much 2 thereof as may be sufficient to accomplish in full the purposes desig- 3 nated by the appropriations, are hereby appropriated to be paid as here- 4 in provided for the funds and purposes specified and are made available 5 for the fiscal year beginning April 1, 2011. 6 DEBT SERVICE FUND--GENERAL DEBT SERVICE FUND--311 7 Maintenance undistributed 8 For the legal requirements of principal, interest, and 9 related expenses on general obligation bonds, and lease 10 purchase, special contractual and revenue bond obli- 11 gations, as issued pursuant to article 5-C of the state 12 finance law and payments for interest rate exchange and 13 similar agreements, in accordance with the following 14 schedule ............................................... 4,603,325,000 15 ============== 16 SCHEDULE 17 GENERAL OBLIGATION PAYMENTS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. S. 2802 2 A. 4002 1 The sum of $530,000,000, or so much thereof as may be 2 necessary, is hereby appropriated for payment by the 3 state comptroller for general obligation bonds issued in 4 connection with higher education construction, pure 5 waters, environmental quality, transportation capital 6 facilities, rail preservation, outdoor recreation devel- 7 opment, energy conservation through improved transporta- 8 tion, parks and recreation land acquisition, rebuild New 9 York through transportation infrastructure renewal and 10 accelerated capacity and transportation improvements of 11 the nineties, clean water/clean air, and rebuild and 12 renew New York transportation purposes, in accordance 13 with the following sub-schedule .......................... 530,000,000 14 -------------- 15 sub-schedule 16 Debt service payments ...................................... 525,000,000 17 Related expenses ............................................. 5,000,000 18 -------------- 19 Total of sub-schedule ...................................... 530,000,000 20 ============== 21 LEASE PURCHASE PAYMENTS 22 The several sums, or so much thereof as may be sufficient 23 to accomplish in full the purposes designated by the 24 appropriations, are hereby appropriated and are, subject 25 to the issuance of certificates of approval of avail- 26 ability by the director of the budget, available for the 27 purpose of making payments for lease purchase obli- 28 gations, in accordance with the following schedule ......... 2,925,000 29 -------------- 30 SCHEDULE 31 For payment to the Dormitory Authority for 32 the Judicial Institute at Pace University, 33 pursuant to chapter 613 of the laws of 34 1999, as amended ............................... 550,000 35 For payment of the lease purchase agreement 36 for Hampton Plaza .............................. 700,000 37 For payment of the lease purchase agreement 38 for the department of transportation 39 region one headquarters building in the 40 city of Schenectady .......................... 1,500,000 41 -------------- 42 Total of debt service schedule ............... 2,750,000 43 -------------- 44 For payment of related expenses, in accord- 45 ance with the following schedule. 46 SCHEDULE 47 Urban Development Corporation ..................... 50,000 48 Office of General Services ....................... 125,000 S. 2802 3 A. 4002 1 -------------- 2 Total of related expenses schedule ............... 175,000 3 -------------- 4 Total of schedules ............................. 2,925,000 5 ============== 6 SPECIAL CONTRACTUAL OBLIGATION PAYMENTS 7 The several sums, or so much thereof as may be sufficient 8 to accomplish in full the purposes designated by the 9 appropriations, are hereby appropriated and are, subject 10 to the issuance of certificates of approval of avail- 11 ability by the director of the budget, available for the 12 purpose of making payments for special contractual obli- 13 gations, in accordance with the following schedule ..... 1,662,050,000 14 -------------- 15 SCHEDULE 16 For payment to the Triborough Bridge and 17 Tunnel Authority and the Urban Development 18 Corporation pursuant to the provisions of 19 an agreement of sublease between the 20 Triborough Bridge and Tunnel Authority and 21 the state of New York for the Convention 22 Center project .............................. 43,000,000 23 For payment to the Urban Development Corpo- 24 ration pursuant to the provisions of an 25 agreement or agreements entered between 26 the State and the Urban Development Corpo- 27 ration to pay for bonds, notes, or other 28 obligations issued or entered into for 29 correctional facilities ..................... 67,000,000 30 For payment to the Urban Development Corpo- 31 ration pursuant to the provisions of an 32 agreement or agreements of lease and 33 sublease entered into between, but not 34 limited to, the Urban Development Corpo- 35 ration, the Office of General Services and 36 the Department of Correctional Services 37 for the rental of correctional facilities ... 21,000,000 38 For payment according to the following sub- 39 schedule to the Urban Development Corpo- 40 ration for project revenue bonds, pursuant 41 to the provisions of certain agreements of 42 lease between the entities designated on 43 the following sub-schedule and the state 44 of New York and the assignment of rent 45 thereof to the Urban Development Corpo- 46 ration ...................................... 16,000,000 47 sub-schedule 48 Rensselaer Polytechnic Insti- 49 tute (Center for Industrial 50 Innovation) .................... 4,500,000 S. 2802 4 A. 4002 1 Syracuse University (Science 2 and Technology Center) ......... 2,800,000 3 Cornell University (Supercom- 4 puter Center) .................... 700,000 5 Columbia University (Telecom- 6 munications Center) ............ 5,000,000 7 Clarkson University .............. 1,100,000 8 University Grants 95 Refunding ... 1,900,000 9 -------------- 10 Total of sub-schedule ......... 16,000,000 11 -------------- 12 For payment to the Dormitory Authority, for 13 payment of bonds issued to finance the 14 Department of Health's David Axelrod 15 Institute for Public Health, pursuant to 16 the provisions of an agreement between the 17 Dormitory Authority and the Department of 18 Health ....................................... 6,000,000 19 For payment to the Dormitory Authority, for 20 payment of bonds issued to finance State 21 Department of Education facilities, pursu- 22 ant to an agreement between the Dormitory 23 Authority and the State Education Depart- 24 ment ......................................... 5,500,000 25 For payment to the Housing Finance Agency 26 and the Urban Development Corporation for 27 payment of bonds issued to finance the 28 State's housing programs .................... 34,000,000 29 For payment to the Metropolitan Transporta- 30 tion Authority, pursuant to state service 31 contracts authorized by section 16 of 32 chapter 314 of the laws of 1981, section 33 42 of chapter 929 of the laws of 1986, as 34 amended by chapter 13 of the laws of 1987, 35 and section 34 of part O of chapter 61 of 36 the laws of 2000 ........................... 165,000,000 37 For payment to the State University 38 Construction Fund, for payment to the 39 Dormitory Authority, pursuant to paragraph 40 (e) of subdivision 19 of section 1680 of 41 the public authorities law, to pay for 42 bonds or notes issued by such authority, 43 pursuant to agreements between the State 44 University Construction Fund, State 45 University of New York and the Dormitory 46 Authority, relating to State University 47 education facilities. Notwithstanding the 48 provisions of section 40 of the state 49 finance law or any other provision of law 50 to the contrary, this appropriation shall 51 remain in full force and effect until 52 April 30, 2012 ............................. 310,000,000 53 For payment to the State University 54 Construction Fund, for payment to the 55 Dormitory Authority, in accordance with S. 2802 5 A. 4002 1 subdivision 8 of section 6304 of the 2 education law, for bonds, notes, or other 3 obligations issued by such authority, 4 pursuant to an agreement or agreements 5 among the State University of New York, 6 various community colleges and their spon- 7 sors, and the Dormitory Authority for 8 educational facilities of community 9 colleges .................................... 28,000,000 10 For payment to the City University 11 Construction Fund for City University 12 senior colleges and for community col- 13 leges. Moneys hereby appropriated, or por- 14 tions thereof, are for payments net of all 15 interest and investment earnings on senior 16 and community college payments and other 17 excess earnings held by the City Universi- 18 ty Construction Fund, in accordance with 19 the following sub-schedule ................. 270,000,000 20 sub-schedule 21 City University senior 22 colleges ..................... 240,000,000 23 City University community 24 colleges ...................... 30,000,000 25 -------------- 26 Total of sub-schedule ........ 270,000,000 27 -------------- 28 For payment to the Dormitory Authority, 29 pursuant to the provisions of a service 30 contract or contracts, for payment of 31 bonds or notes issued for the financing of 32 projects at the Albany County Airport ........ 4,000,000 33 For payment to the Dormitory Authority and 34 the Urban Development Corporation for 35 bonds issued for one or more facilities 36 provided for the department of audit and 37 control, the New York state and local 38 employees' retirement system, and the New 39 York state and local police and fire 40 retirement system and on behalf of the 41 departments or agencies having occupancy 42 or use of other state facilities and park- 43 ing facilities ............................... 1,200,000 44 For payment to the Dormitory Authority, for 45 payment of bonds issued to finance eligi- 46 ble child care facilities development 47 projects, pursuant to an agreement or 48 agreements between the Dormitory Authority 49 and the state ................................ 2,000,000 50 For payment to the Thruway Authority, pursu- 51 ant to section 380 of the public authori- 52 ties law, to pay for Local Highway and S. 2802 6 A. 4002 1 Bridge Service Contract bonds or notes 2 issued by such authority pursuant to an 3 agreement between the Thruway Authority 4 and the state .............................. 205,000,000 5 For payment to the Environmental Facilities 6 Corporation to pay for bonds or notes 7 issued by such authority pursuant to an 8 agreement between the Environmental Facil- 9 ities Corporation and the Office of Parks, 10 Recreation and Historic Preservation ......... 1,800,000 11 For payment to the Environmental Facilities 12 Corporation, pursuant to subdivision 1 of 13 section 1290 of the public authorities 14 law, to pay for bonds or notes issued by 15 such authority pursuant to a lease agree- 16 ment between the Environmental Facilities 17 Corporation and the Office of Parks, 18 Recreation and Historic Preservation 19 relating to the financing of Riverbank 20 State Park ................................... 5,000,000 21 For payment to the Environmental Facilities 22 Corporation for bonds and notes issued by 23 such authority, pursuant to an agreement 24 between the Environmental Facilities 25 Corporation and the Office of Mental 26 Health relating to the financing of a 27 Waste water treatment facility for Pilgrim 28 Psychiatric Center ............................. 950,000 29 For payment to the Environmental Facilities 30 Corporation, for payment of bonds issued 31 to finance eligible pipeline for jobs 32 projects, pursuant to an agreement or 33 agreements between the Environmental 34 Facilities Corporation and the State ......... 1,800,000 35 For payment to the Environmental Facilities 36 Corporation, for payment of bonds issued 37 to finance environmental infrastructure 38 projects, pursuant to an agreement or 39 agreements between the Environmental 40 Facilities Corporation and the State ........ 18,000,000 41 For payment according to the following sub- 42 schedule for bonds issued to finance 43 consolidated service contract refundings ... 428,000,000 44 -------------- 45 sub-schedule 46 Urban Development Corporation .. 342,000,000 47 Dormitory Authority ............. 86,000,000 48 -------------- 49 Total of sub-schedule ........ 428,000,000 50 -------------- 51 Total of debt service schedule ............. 1,633,250,000 52 -------------- S. 2802 7 A. 4002 1 For payment of related expenses in accord- 2 ance with the following schedule. 3 SCHEDULE 4 Urban Development Corporation .................. 5,000,000 5 Housing Finance Agency ......................... 4,000,000 6 Dormitory Authority ........................... 13,000,000 7 Dormitory Authority Capital Expenses ........... 5,000,000 8 Environmental Facilities Corporation ............. 300,000 9 Triborough Bridge and Tunnel Authority ......... 1,000,000 10 Thruway Authority ................................ 500,000 11 -------------- 12 Total of related expenses schedule ............ 28,800,000 13 -------------- 14 Total of schedules ......................... 1,662,050,000 15 ============== 16 REVENUE BOND FINANCING AGREEMENT PAYMENTS 17 The several sums, or so much thereof as may 18 be necessary, are hereby appropriated for 19 payment to the dormitory authority, the 20 environmental facilities corporation, the 21 housing finance agency, the thruway 22 authority, and the urban development 23 corporation and are, subject to the issu- 24 ance of certificates of approval of avail- 25 ability by the director of the budget, 26 available for the purpose of making 27 financing agreement payments related to 28 personal income tax revenue bond obli- 29 gations, as authorized pursuant to article 30 5-C of the state finance law and in 31 accordance with the following schedule ... 2,408,350,000 32 -------------- 33 SCHEDULE 34 Economic Development and Housing ............. 385,000,000 35 Education .................................... 470,000,000 36 Environment .................................. 105,000,000 37 General Purpose .............................. 940,000,000 38 Healthcare .................................... 15,000,000 39 State Facilities and Equipment ............... 200,000,000 40 Transportation ............................... 275,000,000 41 -------------- 42 Total of schedule .......................... 2,390,000,000 43 -------------- 44 For payment of related expenses in accord- 45 ance with the following schedule. 46 SCHEDULE 47 Urban Development Corporation .................. 2,000,000 S. 2802 8 A. 4002 1 Housing Finance Agency ......................... 2,500,000 2 Dormitory Authority ........................... 12,000,000 3 Dormitory Authority Capital Expenses ............. 800,000 4 Environmental Facilities Corporation ............. 800,000 5 Thruway Authority ................................ 250,000 6 -------------- 7 Total of schedule ............................. 18,350,000 8 -------------- 9 Total of schedules ......................... 2,408,350,000 10 ============== 11 Total of schedule ........................................ 4,603,325,000 12 ============== 13 DEBT SERVICE FUND--HOUSING DEBT FUND--316 14 GENERAL OBLIGATION PAYMENTS 15 The sum of $15,500,000, or so much thereof as may be 16 necessary, is hereby appropriated for payment by the 17 state comptroller of principal and interest on general 18 obligation bonds issued in connection with state housing 19 (low cost, middle income and urban renewal) ............... 15,500,000 20 ============== 21 DEBT SERVICE FUND--HEALTH INCOME FUND--319 22 For debt service and related expenses in accordance with 23 the following schedule .................................... 34,800,000 24 -------------- 25 SCHEDULE 26 The sum of $30,000,000, or so much thereof as may be 27 necessary of operating revenues received from department 28 of health facilities other than the New York City Veter- 29 ans' Home, is hereby appropriated for payment by the 30 state comptroller of all obligations under the terms of 31 agreements between the health department and the dormi- 32 tory authority ............................................ 30,000,000 33 The sum of $2,000,000, or so much thereof as may be neces- 34 sary of operating revenues received from the New York 35 City Veterans' Home, is hereby appropriated for payment 36 by the state comptroller of all obligations under the 37 terms of agreements between the health department and 38 the dormitory authority .................................... 2,000,000 39 Related expenses ............................................... 800,000 40 Capital expenses ............................................. 2,000,000 41 -------------- 42 Total of schedule ......................................... 34,800,000 43 ============== 44 DEBT SERVICE FUND--STATE UNIVERSITY DORMITORY INCOME FUND--330 45 The sum of $105,300,000, or so much thereof as may be 46 necessary, is hereby appropriated for payment by the S. 2802 9 A. 4002 1 state comptroller of all obligations under the terms of 2 agreements between the state university of New York and 3 the dormitory authority and refunds to students for room 4 rental and college fee overpayments, in accordance with 5 the following schedule ................................... 105,300,000 6 -------------- 7 SCHEDULE 8 Debt service payments ....................................... 95,000,000 9 Related expenses ............................................... 800,000 10 Capital expenses ............................................. 9,500,000 11 -------------- 12 Total of schedule .......................................... 105,300,000 13 ============== 14 DEBT SERVICE FUND--MENTAL HEALTH SERVICES FUND--304 15 The sum of $353,000,000, or so much thereof as may be 16 necessary, is hereby appropriated for payment by the 17 state comptroller of all obligations of the dormitory 18 authority, as successor to the facilities development 19 corporation and the medical care facilities finance 20 agency pursuant to chapter 83 of the laws of 1995, under 21 the terms of any lease, sublease, or other financing 22 agreement with the department of mental hygiene, in 23 accordance with the following schedule ................... 353,000,000 24 -------------- 25 SCHEDULE 26 Debt service payments ...................................... 345,000,000 27 Related expenses ............................................. 8,000,000 28 -------------- 29 Total of schedule .......................................... 353,000,000 30 ============== 31 DEBT SERVICE FUND--LOCAL GOVERNMENT ASSISTANCE TAX FUND--364 32 The sum of $392,000,000, or so much thereof as may be 33 necessary, is hereby appropriated for payment of all 34 obligations, including but not limited to reserve fund 35 credit facilities, to the local government assistance 36 corporation pursuant to a certificate or certificates 37 filed by the chairman of the corporation with the state 38 comptroller and the governor, pursuant to subdivision 1 39 of section 3240 of the public authorities law, in 40 accordance with the following schedule ................... 392,000,000 41 -------------- 42 SCHEDULE 43 Debt service payments ...................................... 385,000,000 44 Related expenses ............................................. 7,000,000 45 -------------- S. 2802 10 A. 4002 1 Total of schedule .......................................... 392,000,000 2 ============== 3 TRUST AND AGENCY FUND--SCHOOL CAPITAL FACILITIES 4 FINANCING RESERVE FUND--130 5 The sum of $30,500,000, or so much thereof as may be 6 necessary, is hereby appropriated for payment by the 7 state comptroller to the dormitory authority for the 8 purpose of meeting the terms of any contractual agree- 9 ments between the dormitory authority and participating 10 special act school districts listed in chapter 566 of 11 the laws of 1967, as amended, state-supported schools 12 for blind and deaf students and children with other 13 handicapping conditions pursuant to article 85 of the 14 education law, and private not-for-profit schools 15 approved by the commissioner of education pursuant to 16 article 89 of the education law, in accordance with the 17 following schedule ........................................ 30,500,000 18 -------------- 19 SCHEDULE 20 Debt service payments ....................................... 30,000,000 21 Related expenses ............................................... 250,000 22 Capital expenses ............................................... 250,000 23 -------------- 24 Total of schedule ........................................... 30,500,000 25 ============== 26 DEDICATED HIGHWAY AND BRIDGE TRUST FUND--SPECIAL 27 OBLIGATION RESERVE AND PAYMENT ACCOUNT--072 28 The sum of $960,250,000, or so much thereof as may be 29 necessary, is hereby appropriated to pay for bonds or 30 notes as required under dedicated highway and bridge 31 trust fund cooperative agreements under section 10-e of 32 the highway law, in accordance with the following sched- 33 ule ...................................................... 960,250,000 34 -------------- 35 SCHEDULE 36 Debt service payments ...................................... 960,000,000 37 Related expenses ............................................... 250,000 38 -------------- 39 Total of schedule .......................................... 960,250,000 40 ============== 41 DEBT REDUCTION RESERVE FUND - 064 42 The sum of $250,000,000, or so much thereof as may be 43 necessary, is hereby appropriated from the debt 44 reduction reserve fund for the purposes of principal, 45 interest, and related expenses, for retiring or defeas- 46 ing bonds previously issued, including any accrued S. 2802 11 A. 4002 1 interest or other expenses related thereto, for any 2 state-related bonding program or programs and for trans- 3 fer, upon request of the director of the budget, to 4 various capital projects funds as designated by the 5 director of the budget for the funding of capital 6 projects, equipment acquisitions, or similar expenses 7 which have been authorized by law to be financed through 8 the issuance of bonds, notes, or other obligations ....... 250,000,000 9 ============== 10 CONTINGENT AND OTHER APPROPRIATIONS 11 S 2. The several sums specified in this section, or so much thereof as 12 may be sufficient to accomplish in full the purposes designated by the 13 appropriations, are hereby appropriated to be paid as herein provided 14 for the funds and purposes specified and are made available for the 15 fiscal year beginning April 1, 2011. 16 GENERAL FUND--STATE PURPOSES ACCOUNT--003 17 The sum of $20,000,000, or so much thereof as may be 18 necessary, is hereby appropriated from the general fund 19 to the credit of the state purposes account solely for 20 the purpose of making payments of rebates to the federal 21 government to maintain the exemption from federal income 22 taxation of the interest paid to the holders of state 23 obligations issued pursuant to sections 55 and 57 of the 24 state finance law ......................................... 20,000,000 25 ============== 26 The sum of $225,000,000, or so much thereof as may be 27 necessary, is hereby appropriated from the general fund 28 to the credit of the state purposes account solely for 29 the purpose of redeeming general obligation bonds issued 30 by the state of New York, provided, however, that the 31 amount to be expended from this appropriation shall be 32 limited to the amount, as determined by the comptroller, 33 to be necessary to maintain the exemption from federal 34 taxation of the interest paid to the holders of state 35 obligations issued pursuant to sections 55 and 57 of the 36 state finance law ........................................ 225,000,000 37 ============== 38 ALL FUNDS 39 For payment of principal and interest, including but not 40 limited to reserve fund credit facilities, on variable 41 rate obligations and interest rate exchange and similar 42 agreements for state-supported debt or for transfer to 43 any other appropriation, in accordance with the follow- 44 ing schedule ........................................... 1,500,000,000 45 -------------- 46 SCHEDULE 47 Debt service payments .................................... 1,000,000,000 S. 2802 12 A. 4002 1 Related expenses ........................................... 100,000,000 2 Interest rate exchange and similar agreements .............. 400,000,000 3 -------------- 4 Total of schedule ........................................ 1,500,000,000 5 ============== 6 DEBT SERVICE FUND--GENERAL DEBT SERVICE FUND--311 7 SPECIAL CONTRACTUAL OBLIGATION PAYMENTS 8 For payment to the dormitory authority, as successor to 9 the medical care facilities finance agency pursuant to 10 chapter 83 of the laws of 1995, for payment of principal 11 interest, and related expenses on bonds or notes issued 12 pursuant to the provisions of section 7-a of the New 13 York state medical care facilities finance agency act, 14 as amended, which provide that the service contract 15 payments will be made to meet the debt service payments 16 due if the funds and accounts established under the bond 17 resolution, the secured hospital debt service reserve 18 fund, and the secured hospital capital reserve fund are 19 inadequate, in accordance with the following schedule ..... 84,000,000 20 -------------- 21 SCHEDULE 22 Debt service payments ....................................... 83,000,000 23 Related expenses ............................................. 1,000,000 24 -------------- 25 Total of schedule ........................................... 84,000,000 26 ============== 27 For payment to the tobacco settlement financing corpo- 28 ration, for payment of bonds or notes issued pursuant to 29 the provisions of part D3 of chapter 62 of the laws of 30 2003 which provides that contingency contract payments 31 will be made to meet the debt service payments due if 32 the funds and accounts established under the bond inden- 33 tures, the debt service accounts, the debt service 34 reserve accounts and the supplemental accounts are inad- 35 equate, in accordance with the following schedule ........ 306,000,000 36 -------------- 37 SCHEDULE 38 Debt service payments ...................................... 305,000,000 39 Related expenses ............................................. 1,000,000 40 -------------- 41 Total of schedule .......................................... 306,000,000 42 ==============