2023 New York Laws › STF - State Finance › Article 6 - Funds of the State › 99-D*2 - Community Projects Fund.

* §  99-d.  Community projects fund. 1. There is hereby established in
the joint custody of the comptroller and the  commissioner  of  taxation
and  finance  a special fund to be known as the community projects fund.
This fund may have separate accounts designated pursuant to  a  specific
appropriation  to  such  account  or pursuant to a written suballocation
plan approved in a memorandum of understanding executed by the  director
of  the  budget,  the  secretary of the senate finance committee and the
secretary of the assembly ways and means committee.  Such  suballocation
shall be submitted to the comptroller.
2. Such fund shall consist of monies transferred to such fund from the
general  fund/state purposes account, or any other monies required to be
transferred or deposited, pursuant to law. Monies may not be transferred
or loaned  between  the  accounts  of  this  fund,  unless  specifically
provided  (a)  by  law,  or  (b) by letter signed by the director of the
budget, but only upon the joint request of the secretary of  the  senate
finance  committee  and  the  secretary  of  the assembly ways and means
committee.
3. (a) As required to make timely payments  from  such  accounts  upon
presentment  of  proper  vouchers  therefor, the state comptroller shall
make transfers to any account in this fund up to  the  amounts  annually
specified   for   transfer  to  such  account  and  in  compliance  with
subdivision two of this section,  but  only  from  such  fund  or  funds
authorized to provide such transfers.
(b)  By  the  close of each fiscal year, all remaining amounts not yet
transferred shall be transferred to the designated  accounts  for  which
such  transfers  were  authorized, up to the total amounts specified for
transfer to each account in each fiscal year, pursuant  to  law  and  in
compliance with subdivision two of this section.
4.  Notwithstanding  section  forty  of  this  chapter  or  any  other
provision of law, appropriations of this fund  shall  be  available  for
liabilities  incurred  during and after the close of the fiscal year for
which such  appropriations  are  enacted,  provided  however  that  such
appropriations  shall  lapse on the fifteenth day of September following
the close of the fiscal year, and no monies shall thereafter be paid out
of the state treasury or any  of  its  funds  or  the  funds  under  its
management pursuant to such appropriations.
5.  The  director  of the budget shall issue a certificate of approval
for any appropriation in any account of this  fund  no  later  than  the
later  of  sixty  days after the enactment of such appropriation or five
days after the execution of a written suballocation plan pursuant to the
provisions of subdivision one  of  this  section.  Such  approval  shall
satisfy any other requirement for a certificate of approval.
6.  (a)  The  state  shall  not be liable for payments pursuant to any
contract, grant or agreement made pursuant to an  appropriation  in  any
account  of  this fund if insufficient monies are available for transfer
to such account of this  fund,  after  required  transfers  pursuant  to
subdivision  three  of  this  section. Except with respect to contracts,
grants,  or  agreements  executed  by  any  state   officer,   employee,
department, institution, commission, board, or other agency of the state
prior  to  the  effective  date  of this section, any contract, grant or
agreement  made  pursuant  to  an  appropriation  in  this  fund   shall
incorporate  this  provision  as  a  term  of  such  contract,  grant or
agreement.
(b) The exhaustion of funds available for  such  transfers  shall  not
preclude  the  approval  of  contracts hereunder pursuant to section one
hundred twelve of this chapter. Notwithstanding any other  provision  of
law,  interest  shall  not be due to any recipient for any late payments

made  from  this  fund  which  result  from  insufficient  monies  being
available in an account of this fund.
7.  Monies shall be paid out of such accounts on the audit and warrant
of the state comptroller on vouchers certified or approved by  the  head
of the appropriate agency.
* NB There are 2 § 99-d's