2023 New York Laws › STF - State Finance › Article 4 - Appropriations › 53-A - Filing of Notices of Applications for State Participation in Certain Federal Programs.

§  53-a.  Filing of notices of applications for state participation in
certain federal programs.  1. No state agency shall make an  application
for participation in federal funds or a federally-assisted program under
any  federal law and no state agency may approve an application for such
participation submitted by an agency other than a state  agency,  unless
such  state  agency  shall have, at least thirty days prior to making or
approving the application, notified the  director  of  the  budget,  the
chairman  of  the  senate  finance  committee  and  the  chairman of the
assembly ways and means committee  on  forms  and  in  a  manner  to  be
prescribed  by  the director of the budget. Such notice shall: (a) refer
to the statutory authority under  which  the  action  is  proposed,  (b)
describe the substance of the application, (c) indicate where a complete
copy of the application and any amendments or supplements thereto may be
obtained,  and  (d)  contain  a  fiscal statement setting forth: (1) the
estimated amount of federal monies to  be  received  per  year  for  the
program  for  which such monies are sought, and (2) the estimated amount
of funds to be supplied by the state, the agency other  than  the  state
agency  for  which  approval is sought, any unit of local government and
any other source from which funds will be required. In  order  to  avoid
any  inconsistency  or  duplication in review functions, the director of
the budget shall establish procedures whereby notices given  under  this
section  shall be coordinated with other notice requirements for project
or plan proposals.
2. If the application must be made or approved  in  less  than  thirty
days,  or  if  the  state  agency  finds  that  it  is necessary for the
preservation of the public health, safety or general welfare to make  or
approve the application in less than thirty days, the agency may make or
approve the application without giving thirty days notice as required in
subdivision  one;  provided,  however,  that the agency immediately give
notice of the proposed action, in the  form  and  manner  prescribed  in
subdivision  one,  to  the  director  of the budget, the chairman of the
senate finance committee and the chairman of the assembly ways and means
committee, which notice shall also contain  a  brief  statement  of  the
agency's reasons for taking action in less than thirty days.
3.  Upon  the request of the chairman of the senate finance committee,
or the chairman of  the  assembly  ways  and  means  committee,  or  any
combination  of them, the state agency proposing to make the application
or to which the application  has  been  submitted  for  approval,  shall
supply  such  officer  without charge a complete copy of the application
and any amendments or supplements thereto.
4. Such agency shall furnish to each such officer a report or  reports
in  relation to such application or amendment thereto as may be required
by the director of the budget.
5. "State agency"  as  used  in  this  section  means  (a)  any  state
department,  bureau, commission, authority or division and shall include
the state university;
(b) any institution or organization designated and authorized  by  law
to  act  as agent for the state, including Cornell University and Alfred
University as representatives of the state university board of  trustees
for  the  administration  of  statutory  or  contract  colleges at those
institutions;
(c) any public corporation or institution the governing board of which
consists of a majority of state officials serving ex-officio or has  one
or more members appointed by the governor; and
(d)  certain  membership corporations closely affiliated with specific
state agencies and whose purposes are essentially to support, supplement
or  extend  the  functions  and  programs  of   such   state   agencies,
specifically:  Youth  Research  Inc., The Research Foundation for Mental

Hygiene, Inc., Health Research Inc.,  The  Research  Foundation  of  the
State University of New York, and Welfare Research Inc.
6.  "Application"  as used in this section means an application to any
federal  agency  for  federal  funds  or  for   participation   in   any
federally-assisted  program or any instrument as defined by the director
of the budget which initiates action with any federal  agency  for  such
purpose,  including  but  not  limited  to  a contract, agreement, loan,
letter of understanding, state plan, or annual budget submission to such
agency.