Section 409-B. Distribution of surplus revenue

1.   Notwithstanding any
  inconsistent provisions of section four hundred nine  of  this  article,
  the  commissioner  shall  establish  a  plan for distribution of surplus
  revenue to the institutional program in accordance with  the  provisions
  of this section.
    2.  The  commissioner  shall  annually  certify to the director of the
  budget when there are sufficient receipts deposited to the department of
  health income fund to meet the  department's  revenue  target  for  debt
  service  and  institutional operations established in the budget for the
  fiscal year.
    3. The commissioner shall allocate the full  amount  of  the  receipts
  received  from  state  hospitals  within the department which exceed the
  amount certified to the director of the division of the budget  pursuant
  to  subdivision two of this section to be paid over and deposited in the
  surplus revenue account established pursuant to subdivision four of this
  section  to  be  allocated  to  such  facilities  in   accordance   with
  subdivision five of this section.
    4. There shall be established within the special revenue funds - other
  a  department  of  health  facility surplus revenue account. All surplus
  revenues allocated pursuant to subdivision three of this  section  shall
  be  paid over and deposited to the department of health facility surplus
  revenue account.
    5. The  commissioner  shall  segregate  any  funds  available  in  the
  department  of  health  facility  surplus  revenue  account  pursuant to
  subdivision four of this section  to  the  state  hospitals  within  the
  department  based  on  consideration  of  the following factors: (i) the
  proportion of funds that  each  facility  contributes  to  such  surplus
  revenue;   and  (ii)  the  amounts  each  facility  contributed  to  the
  department of health income fund under section four hundred nine of this
  article. The amounts shall be allocated to each facility  in  accordance
  with  a  plan, subject to the approval of the commissioner, submitted by
  each facility to ensure that  such  funds  are  used  for  non-recurring
  expenses  including personal services contracts and equipment leases and
  rentals that are  for  no  more  than  one  year,  but  are  potentially
  renewable and meet all applicable state purchasing requirements.