Section 88. New York state infrastructure trust fund
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1. There is hereby established in the joint custody of the comptroller and the commissioner of taxation and finance a special fund to be known as the "New York state infrastructure trust fund." It is the intent of the legislature that the housing assistance fund established by section ninety-two-q of this chapter shall be fully funded to provide decent affordable housing. Thus, the moneys available in this fund shall be used only for the purposes enumerated in that section and in this section. 2. Definitions. For purposes of this section the term "remaining housing commitments" shall mean any undisbursed balance of the three hundred twenty-six million dollar appropriation made from the housing assistance fund, as established by section ninety-two-q of the state finance law, pursuant to section forty-seven of the chapter of the laws of nineteen hundred eighty-eight adding this section. 3. Accounts. The New York state infrastructure trust fund shall consist of three separate and distinct accounts: (a) the "housing reserve account"; (b) the "supplemental housing account"; and (c) the "general fund support account." Moneys in each of the accounts shall be kept separate from and not commingled with any other moneys in the New York state infrastructure trust fund. 4. Sources of funds. (a) The "housing reserve account" shall consist of (i) all moneys received from the state of New York mortgage agency pursuant to the provisions of section seven of the chapter of the laws of nineteen hundred eighty-eight adding this section and subdivision twenty-six of section two thousand four hundred four of the public authorities law, up to a total of eighty million dollars from such agency, and (ii) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source pursuant to law. Any interest received by the comptroller on moneys on deposit in the housing account shall be retained in and become a part of the account. (b) The "supplemental housing account" shall consist of all moneys credited or transferred thereto from any other fund, account or source pursuant to law. (c) The "general fund support account" shall consist of all moneys transferred to such account pursuant to appropriations from the state purposes account of the general fund and any moneys resulting from internal transactions within the New York state infrastructure trust fund. Any moneys transferred to the general fund support account by the comptroller shall be transferred from such account to either the housing reserve account or the supplemental housing account, as hereinafter provided. 5. Temporary transfers. Notwithstanding any other provision of law to the contrary, for the state fiscal year commencing on April first, nineteen hundred eighty-eight, the comptroller is hereby authorized to temporarily transfer any moneys in the New York state infrastructure trust fund to the general fund in an amount determined by the director of the budget, to the extent moneys are available in the fund, up to the difference between receipts credited to the general fund and disbursements made from the general fund during such fiscal year. On or before April fifth, nineteen hundred eighty-nine, the comptroller shall certify the amount of the temporary transfer made pursuant to this subdivision to the director of the budget and the chairs of the senate finance committee and the assembly ways and means committee. Such temporary transfer shall be repaid pursuant to appropriation by the comptroller as hereinafter provided from any moneys received in the general fund and the comptroller shall establish such accounts and records as he shall determine to be necessary to provide an accurate accounting and reporting of the unrepaid temporary transfer. At such time as the reconciliations required by subdivisions eight and nine of this section are completed, the comptroller shall consider all such temporary transfers as having been repaid. 6. Housing programs. (a) The comptroller is hereby authorized to transfer moneys in the supplemental housing account, the general fund support account and the housing reserve account to the housing assistance fund established by section ninety-two-q of this chapter as hereinafter provided at such times and in such amounts as are necessary for the purpose of making payments from the housing assistance fund pursuant to appropriations by law. (b) At such time or times as the comptroller determines that a transfer pursuant to paragraph (a) of this subdivision is necessary he shall first make such transfer from any moneys available in the supplemental housing account up to the amount immediately necessary. In determining the moneys available in the supplemental housing account for purposes of making transfers to the housing assistance fund, the comptroller shall first determine the outstanding balance of amounts loaned to the general fund from the supplemental housing account pursuant to the provisions of subdivision nine of this section. Upon making such a determination, the comptroller shall repay all or any portion of such loan from receipts in the general fund up to the amount necessary to make such transfer to the housing assistance fund; provided, however, that the total amount of such repayments shall not exceed the amount loaned to the general fund from the supplemental housing account during such fiscal year. The comptroller shall certify to the director of the budget and the chairs of the senate finance committee and the assembly ways and means committee, within fifteen days after the close of each calendar month the amount of any such loan repaid during the preceding calendar month and the amount of such loan that remains outstanding at the end of the preceding calendar month. (c) In the event that the moneys available in the supplemental housing account (after repayment of any such loans to the general fund) are insufficient for the purpose of making payments from the housing assistance fund, the comptroller shall notify the director of the budget of such insufficiency. Upon such notification and upon receipt from the director of the budget of a certificate of approval of availability, the comptroller shall transfer from the general fund, pursuant to appropriation, such amounts to the general fund support account of the New York state infrastructure trust fund and such amounts shall be immediately made available by the comptroller for the purposes of the supplemental housing account. (d) In the event that the moneys available in the supplemental housing account and the general fund support account of the New York state infrastructure trust fund are insufficient for the purpose of making payments from the housing assistance fund, the comptroller shall transfer any remaining amounts as are necessary from any moneys available in the housing reserve account of the New York state infrastructure trust fund. In determining the moneys available in the housing reserve account for purposes of making transfers to the housing assistance fund, the comptroller shall first determine the outstanding balance of amounts loaned to the general fund from the housing reserve account pursuant to the provisions of subdivision ten of this section. Upon making such a determination, the comptroller shall repay all or any portion of such loan from receipts in the general fund up to the amount necessary to make such transfer to the housing assistance fund; provided, however, that the total amount of such repayments shall not exceed the amount loaned to the general fund from the housing reserve account during such fiscal year. Upon making a transfer from such account, the comptroller shall certify to the director of the budget and the chairs of the senate finance committee and the assembly ways and means committee within fifteen days after the close of the calendar month in which such transfer was made the amount of such transfer and the balance remaining in such housing reserve account. 7. Restoration and reversion of balances. (a) Restoration of balances. If at the end of any state fiscal year ending on or before March thirty-first, two thousand one the amount on deposit in the New York state infrastructure trust fund falls below the lesser of (i) three hundred million dollars, or (ii) the remaining housing commitments, then by April thirtieth of the subsequent fiscal year the comptroller shall transfer pursuant to appropriation from the general fund to the New York state infrastructure trust fund the amounts necessary to restore the balance of such fund, according to the following procedure: (1) the housing reserve account balance shall be restored to the cumulative amount deposited to such account pursuant to paragraph (a) of subdivision four of this section from the nineteen hundred eighty-eight--eighty-nine state fiscal year through the fiscal year preceding the year of restoration; and (2) the supplemental housing account balance shall be restored to an amount such that the combined balance of the housing reserve account (after restoration) and the supplemental housing account equals the lesser of (i) the remaining housing commitments as of the preceding March thirty-first, or (ii) three hundred million dollars. (b) Reversion of balances. If at the end of any state fiscal year the amount on deposit in the New York state infrastructure trust fund exceeds three hundred million dollars, then such excess shall be transferred to the general fund support account, first from the supplemental housing account. Any amounts so transferred to the general fund support account shall be transferred by the comptroller to the state purposes account of the general fund. 8. Reconciliation. As soon as practicable after April first, two thousand one the comptroller shall determine the remaining housing commitments from the housing assistance fund as of March thirty-first, two thousand one and certify the amount of such commitments to the director of the budget and the chairs of the senate finance committee and the assembly ways and means committee. Upon the making of such certification, the comptroller shall forthwith transfer from the general fund to the general fund support account pursuant to appropriation an amount which when combined with any moneys available in the housing reserve account and the supplemental housing account of the New York state infrastructure trust fund will be sufficient to meet disbursements from the housing assistance fund for the remaining housing commitments. 9. Transportation reconciliation. As soon as practicable after April first, nineteen hundred ninety-two, the comptroller shall determine the total amount of bonds and notes issued pursuant to the authorization contained in section fifty of a chapter of the laws of nineteen hundred eighty-eight constituting the Accelerated Capacity and Transportation Improvements of the Nineties Bond Act as of March thirty-first, nineteen hundred ninety-two. If the comptroller determines that the amount of such bonds and notes sold pursuant to such authorization is less than three hundred twenty million dollars, he shall forthwith transfer from the general fund, pursuant to appropriation, to the general fund support account an amount equal to the difference between the amount of bonds and notes issued pursuant to such authorization and three hundred twenty million dollars. Notwithstanding the provisions of paragraph (c) of subdivision four of this section, such amounts transferred by the comptroller shall remain in the general fund support account until such time as the comptroller shall determine that at least three hundred twenty million dollars in bonds and notes have been issued pursuant to such authorization at which time the comptroller shall transfer such amounts from the general fund support account to the state purposes account of the general fund. 10. Temporary loans. Moneys in the New York state infrastructure trust fund may be temporarily loaned, without interest, to the general fund during any fiscal year. During any state fiscal year in which the moneys in the fund have been loaned to the general fund the comptroller shall repay all or a portion of such loan from receipts in the general fund at such time or times as he shall determine in an amount immediately necessary to meet payments made from such fund, provided that the total amount of such repayments shall not exceed the amount loaned to the general fund during such fiscal year. Any balance of the amount so temporarily loaned shall be repaid in cash by March thirty-first of the fiscal year in which the loan was made from moneys received in the general fund.