2023 New York Laws › TRA - Transportation › Article 2 - Powers, Duties and Jurisdiction of the Department of Transportation › 21 - Single Audit Program.

§  21.  Single audit program. 1. Municipalities and public authorities
that are required in any fiscal year to  have  a  federal  single  audit
performed  under paragraph (a) of part 200.501 of title 2 of the code of
federal regulations as amended from time to time,  and  that  expend  in
excess of the dollar amount provided in 2 CFR 200.501(a) as amended from
time  to  time  in  any  fiscal  year  from funds provided through state
transportation  programs,  projects,  grants,  contracts  or  agreements
administered  by  the  department,  shall  prepare  a "schedule of state
transportation assistance  expended"  and  cause  such  schedule  to  be
audited  by  an  independent certified public accountant for each period
corresponding to the federal single audit. The audit shall conform  with
government  auditing  standards  and  shall include a professional audit
opinion on:
(a) the "schedule of state transportation assistance expended";
(b) compliance with applicable  state  laws,  rules,  regulations  and
contract provisions in the administration of state transportation funded
programs, projects, contracts and grants administered by the department;
and
(c)  the  adequacy of internal controls in administering such funds in
conformance with state laws, rules, regulations and contract provisions.
2. For the purposes of this section, the term "fiscal year" shall mean
the regular annual accounting  period  of  the  municipality  or  public
authority; and the term "government auditing standards" shall mean those
standards prescribed by the comptroller general of the United States.
3.  The  commissioner  shall  promulgate rules and regulations for the
implementation  of  this  section.  Such  rules  and  regulations  shall
include,  but shall not be limited to, audit compliance requirements for
specified  programs  administered  by  the  department,   audit   report
submission  requirements, the acceptance criteria for audit reports, and
any information needed by  the  commissioner  to  complete  the  reports
required  by  subdivision  six of this section. Audit reports under this
section shall be due for  each  fiscal  year  beginning  after  December
thirty-first, two thousand.
4.  Additional expenses incurred by a municipality or public authority
in connection with audits performed under this section may be chargeable
as an indirect cost to the state program, project,  grant,  contract  or
agreement where otherwise allowable and to the extent funds are provided
for such purposes.
5.  The  commissioner,  insofar as the commissioner deems practicable,
shall not impose any additional audit requirements in  the  department's
administration  of  state  transportation  programs,  projects,  grants,
contracts and agreements  upon  municipalities  and  public  authorities
which  provide  both  the  federal  single  audit and the state audit in
accordance with subdivision one of this section. This section shall  not
supersede the authority of the state comptroller to conduct audits.
6.  The  commissioner  shall  annually  report  to  the  governor, the
temporary president of the senate and the speaker of the assembly on the
benefits and  costs  of  the  implementation  of  this  section  by  the
thirty-first of October, beginning in the year two thousand nineteen.