Section 1680-J*2. Authorization for the issuance of bonds for the health care efficiency and affordability law for New Yorkers (HEAL NY) capital grant program  


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  • Notwithstanding  any  other  provision  of  law  to the  contrary, the dormitory authority of the state of  New  York  is  hereby
      authorized to issue bonds or notes in one or more series in an aggregate
      principal  amount  not  to  exceed  seven  hundred fifty million dollars
      excluding bonds issued to fund 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
      purposes  of  financing   project   costs   authorized   under   section
      twenty-eight  hundred  eighteen  of the public health law. Of such seven
      hundred fifty  million  dollars,  ten  million  dollars  shall  be  made
      available  to  the  community health centers capital program established
      pursuant to section twenty-eight hundred seventeen of the public  health
      law.
        1. Such bonds and notes of the dormitory authority 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  the  authority for debt service and related expenses pursuant to any
      service contract executed pursuant to subdivision two of  this  section,
      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. All of  the  provisions  of  the
      dormitory  authority  act  relating  to  bonds  and  notes which are not
      inconsistent  with  the  provisions  of  this  section  shall  apply  to
      obligations authorized by this section, including but not limited to the
      power  to  establish  adequate  reserves  therefore and to issue renewal
      notes or refunding bonds thereof. The issuance of  any  bonds  or  notes
      hereunder  shall  further  be subject to the approval of the director of
      the division of the budget, and any projects funded through the issuance
      of bonds or notes hereunder shall be approved  by  the  New  York  state
      public authorities control board, as required under section fifty-one of
      this chapter.
        2.  Notwithstanding any other law, rule or regulation to the contrary,
      in  order  to  assist  the  dormitory  authority  in   undertaking   the
      administration  and financing of projects authorized under this section,
      the director of the budget is hereby authorized to  enter  into  one  or
      more service contracts with the dormitory authority, none of which shall
      exceed  more  than  thirty  years  in  duration,  upon  such  terms  and
      conditions as the director of the budget  and  the  dormitory  authority
      agree,  so  as  to  annually  provide to the dormitory authority, 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 section.  Any  service  contract  entered  into  pursuant  to  this
      subdivision  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 the dormitory authority as security for its bonds
      and notes, as authorized by this section.
        3.  Notwithstanding  any  law  to the contrary, and in accordance with
      section four of  the  state  finance  law,  the  comptroller  is  hereby
      authorized  and  directed  to  transfer  from the health care reform act
      (HCRA) resources fund (061) to the general fund, upon the request of the
    
      director of the budget, up to $6,500,000 on or before  March  31,  2006,
      and  the  comptroller  is  further  hereby  authorized  and  directed to
      transfer from the healthcare reform act (HCRA); Resources fund (061)  to
      the  Capital  Projects Fund, upon the request of the director of budget,
      up to $139,000,000 for the period April 1, 2006 through March 31,  2007,
      up  to $171,100,000 for the period April 1, 2007 through March 31, 2008,
      up to $208,100,000 for the period April 1, 2008 through March 31,  2009,
      up  to $151,600,000 for the period April 1, 2009 through March 31, 2010,
      and up to $238,000,000 for the period April 1, 2010  through  March  31,
      2011.
        * NB There are 2 § 1680-j's