NY State Fin L § 53-B (2021)
2021 New York Laws STF - State Finance Article 4 - Appropriations 53-B - Authorization of Applications for State Participation in Certain Grant or Contract Supported Programs.

§  53-b.  Authorization  of  applications  for  state participation in certain grant or contract supported programs. 1. No  agency  shall  make application  for  participation  in  any  continuing  grant  or contract supported program when authorization to apply for participation in  such program  is  disapproved  by  the director of the budget pursuant to the following procedure:   a. The chief executive officer of the agency seeking authorization  to make  application  for  participation  in a continuing grant or contract supported program shall, at least forty days prior to any  deadline  for making   application,   except  as  provided  in  paragraph  d  of  this subdivision, notify the director of the  budget,  the  chairman  of  the senate finance committee and the chairman of the assembly ways and means committee of such agency's proposed application on forms and in a manner to  be  prescribed by the director of the budget, and shall provide such persons with such further information as they shall require. Such notice shall:  (i) refer to  the  statutory  authority  under  which  the  action  is proposed;  (ii) describe the substance of the application;  (iii)  indicate  where  a  complete  copy  of  the application and any amendments or supplements thereto may  be  obtained  and  the  name  and location  of  the  organization  or  organizations  to  which the agency intends to apply for such grant or contract; and  (iv) contain a fiscal  statement  setting  forth:  (1)  the  estimated amount  of  revenues  to  be received from the organization to which the agency is proposing to apply during  each  state  fiscal  year  for  the program  for  which  such moneys are sought, (2) the estimated amount of moneys to be  supplied  by  the  state,  including  any  state  matching commitment,  and a statement as to the method through which such moneys, or such commitment shall  be  provided,  (3)  the  estimated  amount  of revenues  to  be provided by any other agency, unit of local government, and any other source from which  revenues  will  be  required,  (4)  the number  of  years  during  which  financial  support for such program is expected to be available from the organization to which  the  agency  is proposing to apply, and (5) the expected future obligation of the state, if any, to continue the funding of the program including the expenditure level  which  the  state will or may be required or expected to maintain for the program upon termination of such grant or contract moneys.   b.  The  director  of  the  budget  shall  review  all  requests   for authorization  to  make  application  for  participation in a continuing grant or contract supported program, and at least twenty days  prior  to approving,  disapproving,  or  conditionally  approving any such request shall notify the chairman  of  the  senate  finance  committee  and  the chairman of the assembly ways and means committee of his intended action on such request.   c.  Within fifteen days of receipt of a notification from the director of the budget pursuant to paragraph b of this subdivision, such chairmen may make recommendations thereon as to  the  approval,  modification  or disapproval  of  any  proposed  application.  The director of the budget shall consider  such  chairman's  recommendations  in  his  decision  to approve, modify or disapprove any proposed application, and shall notify such  chairman of action taken and the reasons in support of such action where it contravenes that recommended by either chairman.   d. Whenever a deadline for making an application is  less  than  forty days,  or  whenever  it is necessary for the preservation of the health, safety, or general welfare of the state that action  on  a  request  for authorization  to  make  application  for  participation in a continuing grant or contract supported program be taken  by  the  director  of  the  budget  in  less  than  forty  days,  the chief executive officer of the agency making such request shall include a statement of  such  necessity in  the  notification to the director of the budget, the chairman of the senate finance committee and the chairman of the assembly ways and means committee  provided  for  in  paragraph  a  of this subdivision. In such circumstances the director of the budget may waive, to  such  extent  as necessary,  the time period of the notification requirements provided in paragraph a of this subdivision for such application, and if  necessary, may  issue  a  provisional  authorization  for  such agency to make such application pending formal review pursuant to paragraphs b and c of this subdivision provided, however, that such formal  review  shall  then  be scheduled to occur within thirty days of such provisional authorization. In  the  event  such request is not approved pursuant to such paragraphs within such time, the provisional authorization to make such application shall terminate and any such application may thereafter  be  again  made only after formal review and approval.   2.  All  applications  for  participation  in  any  grant  or contract supported program including such programs offered by a state  agency  or state  affiliated corporation, shall include a request for full overhead reimbursement to the maximum extent allowable under such program  unless the  notification provided for in paragraph a of subdivision one of this section includes an explanation of the agency's reasons  for  requesting less than the maximum overhead reimbursement available.   3.  The provisions of this section shall not apply to applications for sponsored research grants or contracts  which  do  not  incorporate  the provision  of  services  to  the  public  or to any organization, or the employees or clients thereof.   4. The provisions of paragraphs b, c and d of subdivision one of  this section  shall  not  apply  to  applications  for grants or contracts to support specific projects which are intended to be undertaken  during  a fixed  period  of time and to be completed within eighteen months of the date on which work on such a project begins and  which  do  not  involve participation in a continuing program of activity.   5.  The provisions of this section shall not apply to applications for reallocations of federal funds,  to  minor  amendments  to  applications already  approved,  or  to  applications  for programs, participation in which is authorized by  an  appropriation  or  other  enactment  of  the legislature.   6.  For the purposes of this section agency shall mean any department, agency, board, bureau, commission, division, council or  office  of  the state.