N.Y. PBH Law § 409-B

§ 409-b. Distribution of surplus revenue. 1. Notwithstanding any\ninconsistent provisions of section four hundred nine of this article,\nthe commissioner shall establish a plan for distribution of surplus\nrevenue to the institutional program in accordance with the provisions\nof this section.\n 2. The commissioner shall annually certify to the director of the\nbudget when there are sufficient receipts deposited to the department of\nhealth income fund to meet the department's revenue target for debt\nservice and institutional operations established in the budget for the\nfiscal year.\n 3. The commissioner shall allocate the full amount of the receipts\nreceived from state hospitals within the department which exceed the\namount certified to the director of the division of the budget pursuant\nto subdivision two of this section to be paid over and deposited in the\nsurplus revenue account established pursuant to subdivision four of this\nsection to be allocated to such facilities in accordance with\nsubdivision five of this section.\n 4. There shall be established within the special revenue funds - other\na department of health facility surplus revenue account. All surplus\nrevenues allocated pursuant to subdivision three of this section shall\nbe paid over and deposited to the department of health facility surplus\nrevenue account.\n 5. The commissioner shall segregate any funds available in the\ndepartment of health facility surplus revenue account pursuant to\nsubdivision four of this section to the state hospitals within the\ndepartment based on consideration of the following factors: (i) the\nproportion of funds that each facility contributes to such surplus\nrevenue; and (ii) the amounts each facility contributed to the\ndepartment of health income fund under section four hundred nine of this\narticle. The amounts shall be allocated to each facility in accordance\nwith a plan, subject to the approval of the commissioner, submitted by\neach facility to ensure that such funds are used for non-recurring\nexpenses including personal services contracts and equipment leases and\nrentals that are for no more than one year, but are potentially\nrenewable and meet all applicable state purchasing requirements.\n