§ 409-b. Distribution of surplus revenue. 1. Notwithstanding any
inconsistent provisions of section four hundred nine of this article,
the commissioner shall establish a plan for distribution of surplus
revenue to the institutional program in accordance with the provisions
of this section.

2. The commissioner shall annually certify to the director of the
budget when there are sufficient receipts deposited to the department of
health income fund to meet the department's revenue target for debt
service and institutional operations established in the budget for the
fiscal year.

3. The commissioner shall allocate the full amount of the receipts
received from state hospitals within the department which exceed the
amount certified to the director of the division of the budget pursuant
to subdivision two of this section to be paid over and deposited in the
surplus revenue account established pursuant to subdivision four of this
section to be allocated to such facilities in accordance with
subdivision five of this section.

4. There shall be established within the special revenue funds - other
a department of health facility surplus revenue account. All surplus
revenues allocated pursuant to subdivision three of this section shall
be paid over and deposited to the department of health facility surplus
revenue account.

5. The commissioner shall segregate any funds available in the
department of health facility surplus revenue account pursuant to
subdivision four of this section to the state hospitals within the
department based on consideration of the following factors: (i) the
proportion of funds that each facility contributes to such surplus
revenue; and (ii) the amounts each facility contributed to the
department of health income fund under section four hundred nine of this
article. The amounts shall be allocated to each facility in accordance
with a plan, subject to the approval of the commissioner, submitted by
each facility to ensure that such funds are used for non-recurring
expenses including personal services contracts and equipment leases and
rentals that are for no more than one year, but are potentially
renewable and meet all applicable state purchasing requirements.