SUN-30-16-00009-P State Basic Financial Assistance for Operating Expenses of Community Colleges Under the Program of SUNY and CUNY

7/27/16 N.Y. St. Reg. SUN-30-16-00009-P

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 30

July 27, 2016

RULE MAKING ACTIVITIES

STATE UNIVERSITY OF NEW YORK

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. SUN-30-16-00009-P

State Basic Financial Assistance for Operating Expenses of Community Colleges Under the Program of SUNY and CUNY

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

Proposed Action:

This is a consensus rule making to amend section 602.8(c) of Title 8 NYCRR.

Statutory authority:

Education Law, sections 355(1)(c) and 6304(1)(b); L. 2016, ch. 53

Subject:

State basic financial assistance for operating expenses of community colleges under the program of SUNY and CUNY.

Purpose:

To modify limitations formula for basic State Financial assistance and conform to the Education Law and the 2016-17 Budget Bill.

Text of proposed rule:

Subdivision (c) of section 602.8 of said Title 8 is amended to read as follows, subject to the approval of the Director of the Budget (brackets denote old material to be deleted; underlining denote new material to be added):

(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 fulltime equivalent students enrolled in programs eligible for State financial assistance multiplied by [$2,597] $2,697; 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 fulltime equivalent students enrolled in programs eligible for State financial assistance multiplied by [$2,081] $2,248; 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.

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

Lisa S. Campo, State University of New York, State University Plaza, Albany, NY 12246, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The State University of New York has determined that no person is likely to object to this rule as written because it provides timely State operating assistance to public community colleges of the State and City Universities of New York and adopts amendments to the tuition regulations for community colleges under the program of the State University of New York for the 2016-2017 fiscal year.

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.