Sec. 188.21. Fees for records management services

(a) Each agency shall pay to the State Education Department an annual fixed fee to support education and training, disposition analysis and review, technical assistance, and other records management advisory services provided by the State Archives. These fees are set on the basis of the total volume of records (active and inactive) in the custody of an agency; higher fees reflect a larger volume of records. Fees are assessed in accordance with the following schedule:

(1) Category 1: $20,000 per agency

Audit and Control, Department of (Office of the State Comptroller)

Chief Information Officer/Technology, Office for

Correctional Services, Department of

Education Department

Health, Department of

Labor, Department of

Mental Health, Office of

Mental Retardation and Developmental Disabilities, Office of

Motor Vehicles, Department of

Taxation and Finance, Department of

Transportation, Department of

Workers' Compensation Board

(2) Category 2: $15,000 per agency

Alcoholic Beverage Control, Division of

Criminal Justice Services, Division of

Environmental Conservation, Department of

General Services, Office of

Higher Education Services Corporation

Insurance Department

Law, Department of (Office of the Attorney General)

Parole, Division of

State Insurance Fund

(3) Category 3: $10,000 per agency

Children and Family Services, Office of

Civil Service, Department of

Housing and Community Renewal, Division of

Military and Naval Affairs, Division of

Parks, Recreation and Historic Preservation, Office of

Public Service, Department of

State, Department of

State Police, Division of

State University of New York

Temporary and Disability Assistance, Office of

(4) Category 4: $5,000 per agency

Agriculture and Markets, Department of

Alcoholism and Substance Abuse Services, Division of

Banking Department

Budget, Division of the

Dormitory Authority

Economic Development, Department of

Elections, State Board of

Empire State Development Corporation

Executive Chamber (Office of the Governor)

Human Rights, Division of

Lottery, Division of the

Power Authority of the State of New York

Probation and Correctional Alternatives, Division of

Racing and Wagering Board

Real Property Services, Office of

Thruway Authority

(5) Category 5: $2,000 per agency

Adirondack Park Agency

Aging, Office for the

Agriculture and New York State Horse Breeding Development Fund

Arts, Council on the

Consumer Protection Board

Correction, Commission of

Crime Victims Board

Developmental Disabilities Planning Council

Domestic Violence, Office for the Prevention of

Emergency Management Office, State

Employee Relations, Office of

Energy Research and Development Authority

Environmental Facilities Corporation

Financial Control Board, New York State

Homeland Security, Office of

Housing Finance Agency

Housing Trust Fund Corporation

Hudson River Valley Greenway Communities Council

Inspector General, Office of the

Investigation, Temporary State Commission of

Judicial Conduct, Commission on

Lake George Park Commission

Law Revision Commission

Municipal Bond Bank Agency

Northeastern Queens Nature and Historical Preserve Commission

Public Employment Relations Board

Quality of Care and Advocacy for Persons with Disabilities, Commission on

Regulatory Reform, Office of

Science, Technology and Academic Research, Office of (New York State Foundation for Science, Technology and Innovation)

State of New York Mortgage Agency

State University Construction Fund

Tax Appeals and Tax Appeals Tribunal, Division of

Teachers' Retirement System

Theatre Institute Corporation, NYS

Thoroughbred Breeding and Development Fund Corporation, New York State

Tug Hill Commission

Veterans' Affairs, Division of

Welfare Inspector General, Office of the

(b) Each agency or unit of the judiciary that stores records in a records center facility shall pay annual fees for storage of such records. Such storage fees shall be in addition to the annual fixed fees required by subdivision (a) of this section. Fees for records center facility storage will be calculated based on the average monthly holdings of the records center facilities at $2.90 per item. An item is defined as a cubic foot for storage of paper records; a cartridge, tape or disk for storage of computer or other magnetic and optical media; a reel or equivalent microform for storage of microfilm; or other item handled.

(c) Annual fixed fees, unless waived by the director, will be assessed annually and are payable each State fiscal year. Records center facility storage fees will be assessed annually and are payable each State fiscal year. A waiver of the annual fixed fee may be granted if an agency's total State operations budget is less than $500,000 or if an agency no longer operates as an administratively separate unit of State government or if other extenuating circumstances exist that would make it unduly burdensome for an agency to pay such fee.

(d) The State Archives may also establish fees for central micrographics and imaging services. Such fees shall reflect the actual cost of carrying out such services.

(e) Revenue generated as the result of contracts administered by the State Archives for the recycling or other authorized disposal by sale of bulk quantities of State government records authorized for destruction shall be payable to the State Education Department to support records management services provided by the State Archives.