SUN-42-07-00011-E State Basic Financial Assistance

12/19/07 N.Y. St. Reg. SUN-42-07-00011-E

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 51

December 19, 2007

RULE MAKING ACTIVITIES

STATE UNIVERSITY OF NEW YORK

EMERGENCY RULE MAKING

 

I.D No. SUN-42-07-00011-E

Filing No. 1315

Filing Date. Dec. 04, 2007

Effective Date. Dec. 04, 2007

State Basic Financial Assistance

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Amendment of section 602.8(c) of Title 8 NYCRR.

Statutory authority:

Education Law, sections 355(1)(c) and 6304(1)(b); and L. 2007, ch. 53

Finding of necessity for emergency rule:

Preservation of general welfare.

Specific reasons underlying the finding of necessity:

The State University of New York finds that immediate adoption of amendments to the Code of Standards and Procedures for the Administration and Operation of Community Colleges (the Code) is necessary for the preservation of the general welfare and that compliance with the requirements of subdivision 1 section 202 of the State Administrative Procedure Act would be contrary to the public interest. The 2007–2008 Education, Labor and Social Services Budget Bill (the Budget) requires amendments to the existing funding formula for State financial assistance for operating expenses of community colleges of the State and City Universities of New York. The funding formula is to be developed jointly with the City University of New York, subject to the approval of the Director of the Budget. Although negotiations between the State University, City University and the Division of the Budget were concluded in March 2007, the State University Trustees were unable to take action necessary to invoke the rule making process until May 31, 2007. Amendments to the Code on an emergency basis for the 2007–2008 operating assistance to public community colleges of the State and City Universities of New York:

1. provide timely State operating assistance to public community colleges of the State and City Universities of New York;

2. obtain the necessary revenue to maintain essential staffing levels, program quality, and accessibility.

Compliance with the provision of subdivision 1 of section 202(6) of the State Administrative Procedure Act would not be contrary to the public interest. The requirements of subdivision 1 of section 202(6) of SAPA would not allow implementation of the State fiscal assistance provided in the budget bill in time for the 2007–2008 community college fiscal year.

Subject:

State basic financial assistance for operating expenses of community colleges under the program of the State University of New York and the City University of New York.

Purpose:

To modify existing limitations formula for basic State financial assistance for operating expenses of community colleges of the State University and City University of New York in order to conform to the provisions of the Education Law and the 2007–2008 budget bill.

Text of emergency rule:

c) Basic State financial assistance.

(1) Full opportunity colleges. The basic State financial assistance for community colleges, implementing approved full opportunity programs, shall be the lowest of the following:

(i) two-fifths (40%) of the net operating budget of the college, or campus of a multiple campus college, as approved by the State University trustees;

(ii) two-fifths (40%) of the net operating costs of the college, or campus of a multiple campus college; or

(iii) for the current college fiscal year the total of the following:

(a) the budgeted or actual number (whichever is less) of full-time equivalent students enrolled in programs eligible for State financial assistance multiplied by [$2,525] $2,675; and

(b) up to one-half (50%) of rental costs for physical space.

(2) Non-full opportunity colleges. The basic State financial assistance for community colleges not implementing approved full opportunity programs shall be the lowest of the following:

(i) one-third (33%) of the net operating budget of the college, or campus of a multiple campus college, as approved by the State University trustees;

(ii) one-third (33%) of the net operating costs of the college, or campus of a multiple campus college; or

(iii) for the college fiscal year current, the total of the following:

(a) the budgeted or actual number (whichever is less) of full-time equivalent students enrolled in programs eligible for State financial assistance multiplied by [$2,105] $2,230; and

(b) up to one-half (50%) of rental cost for physical space.

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subdivision, a community college or a new campus of a multiple campus community college in the process of formation shall be eligible for basic State financial assistance in the amount of one-third of the net operating budget or one-third of the net operating costs, whichever is the lesser, for those colleges not implementing an approved full opportunity program plan, or two-fifths of the net operating budget or two-fifths of the net operating costs, whichever is the lesser, for those colleges implementing an approved full opportunity program, during the organization year and the first two fiscal years in which students are enrolled.

This notice is intended

to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously published a notice of proposed rule making, I.D. No. SUN-42-07-00011-P, Issue of October 17, 2007. The emergency rule will expire February 1, 2008.

Text of emergency rule and any required statements and analyses may be obtained from:

Dona S. Bulluck, Associate Counsel, State University of New York, State University Plaza, Albany, NY 12246, [phone], e-mail: [e-mail]

Regulatory Impact Statement

This is a technical amendment to implement the provisions of the 2007–2008 Budget Bill. The amendment provides for the provision of State financial assistance for operating expenses of community colleges operating under the program of the State University of New York and the City University of New York.

Regulatory Flexibility Analysis

This is a technical amendment to implement the provisions of the 2007–2007 Budget Bill. The amendment provides for the provision of State financial assistance for operating expenses of community colleges operating under the program of the State University of New York and the City University of New York. It will have no impact on small businesses and local governments.

Rural Area Flexibility Analysis

This is a technical amendment to implement the provisions of the 2007–2008 Budget Bill. The amendment provides for the provision of State financial assistance for operating expenses of community colleges operating under the program of the State University of New York and the City University of New York. This rule making will have no impact on rural areas or the recordkeeping or other compliance requirements on public or private entities in rural areas.

Job Impact Statement

No job impact statement is submitted with this notice because the adoption of this rule does not impose any adverse economic impact on existing jobs, employment opportunities, or self-employment. This rule making governs the financing of community colleges operating under the program of the State University and will not have any adverse impact on the number of jobs or employment opportunities in the state.