§ 89-g. Costs for establishing, operating and maintaining alternate correctional facilities. 1. When the city of New York has entered into the agreements as set forth in section eighty-eight of this article, it shall be obligated, to pay, in accordance with such agreements and at such times and in such amounts as may be determined by the commissioner and approved by the director of the budget, all direct and indirect costs associated with the acquisition, construction, establishment, capital repairs and improvements, operation and maintenance of the alternate correctional facility.
2. Upon completion of the acquisition, construction and establishment of an alternate correctional facility, the commissioner shall make a final determination of the cost of such project and shall certify such cost to the comptroller and to the city of New York. Notwithstanding any other provision of law to the contrary, upon receipt of such certification of the commissioner, the comptroller shall forthwith refund any amounts received from the city of New York in excess of the costs so certified to the city of New York, including interest accrued thereon.
3. On or before October fifteenth of each year, the comptroller shall certify to the commissioner the actual operation and maintenance costs of each alternate correctional facility for the preceding state fiscal year and the amounts paid by the city of New York for such operation and maintenance costs. To the extent that the amounts so paid by the city of New York are less than the operation and maintenance costs for such state fiscal year, the commissioner shall include the amount of such underpayment in the next payment required to be received from the city of New York, or if operation by the state has terminated, the commissioner shall bill the city of New York for the amounts due and such amounts shall be paid by the city within thirty days of receipt of such a bill. To the extent that the amounts so paid by the city of New York are more than the operation and maintenance costs for such state fiscal year, the commissioner shall reduce the next scheduled payment to be received from the city of New York by the amount of the overpayment or if operation by the state has terminated, the commissioner shall refund the overpayment within sixty days of the determination of overpayment.
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