2023 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.