New York State Finance Code § 88

New York state infrastructure trust fund
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§ 88. New York state infrastructure trust fund. 1. There is hereby\nestablished in the joint custody of the comptroller and the commissioner\nof taxation and finance a special fund to be known as the "New York\nstate infrastructure trust fund." It is the intent of the legislature\nthat the housing assistance fund established by section ninety-two-q of\nthis chapter  shall be fully funded to provide decent affordable\nhousing. Thus, the moneys available in this fund shall be used only for\nthe purposes enumerated in that section and in this section.\n  2. Definitions. For purposes of this section the term "remaining\nhousing commitments" shall mean any undisbursed balance of the three\nhundred twenty-six million dollar appropriation made from the housing\nassistance fund, as established by section ninety-two-q of the state\nfinance law, pursuant to section forty-seven of the chapter of the laws\nof nineteen hundred eighty-eight adding this section.\n  3. Accounts. The New York state infrastructure trust fund shall\nconsist of three separate and distinct accounts: (a) the "housing\nreserve account"; (b) the "supplemental housing account"; and (c) the\n"general fund support account." Moneys in each of the accounts shall be\nkept separate from and not commingled with any other moneys in the New\nYork state infrastructure trust fund.\n  4. Sources of funds. (a) The "housing reserve account" shall consist\nof (i) all moneys received from the state of New York mortgage agency\npursuant to the provisions of section seven of the chapter of the laws\nof nineteen hundred eighty-eight adding this section and subdivision\ntwenty-six of section two thousand four hundred four of the public\nauthorities law, up to a total of eighty million dollars from such\nagency, and (ii) any other moneys collected therefor or credited or\ntransferred thereto from any other fund, account or source pursuant to\nlaw. Any interest received by the comptroller on moneys on deposit in\nthe housing account shall be retained in and become a part of the\naccount.\n  (b) The "supplemental housing account" shall consist of all moneys\ncredited or transferred thereto from any other fund, account or source\npursuant to law.\n  (c) The "general fund support account" shall consist of all moneys\ntransferred to such account pursuant to appropriations from the state\npurposes account of the general fund and any moneys resulting from\ninternal transactions within the New York state  infrastructure trust\nfund. Any moneys transferred to the general fund support account by the\ncomptroller shall be transferred from such account to either the housing\nreserve account or the supplemental housing account, as hereinafter\nprovided.\n  5. Temporary transfers. Notwithstanding any other provision of law to\nthe contrary, for the state fiscal year commencing on April first,\nnineteen hundred eighty-eight, the comptroller is hereby authorized to\ntemporarily transfer any moneys in the New York state infrastructure\ntrust fund to the general fund in an amount determined by the director\nof the budget, to the extent moneys are available in the fund, up to the\ndifference between receipts credited to the general fund and\ndisbursements made from the general fund during such fiscal year. On or\nbefore April fifth, nineteen hundred eighty-nine, the comptroller shall\ncertify the amount of the temporary transfer made pursuant to this\nsubdivision to the director of the budget and the chairs of the senate\nfinance committee and the assembly ways and means committee. Such\ntemporary transfer shall be repaid pursuant to appropriation by the\ncomptroller as hereinafter provided from any moneys received in the\ngeneral fund and the comptroller shall establish such accounts and\nrecords as he shall determine to be necessary to provide an accurate\naccounting and reporting of the unrepaid temporary transfer. At such\ntime as the reconciliations required by subdivisions eight and nine of\nthis sect

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