N.Y. Comp. Codes R. & Regs. tit. 6 § 635.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 635.3 - Methods of payment

The following methods of payment shall apply to the several State aid programs:

(a) State aid for local environmental conservation activities shall be paid at a rate determined by the commissioner after review and approval of State aid applications, with such adjustment of that rate as may be necessary to distribute the entire amount approved by the Director of the Budget. No applicant shall receive more than 50 percent of its total reimbursable expenses.

(1) Claims shall be submitted quarterly not later than two months after the calendar quarter in which the expenditures claimed were made. Upon receipt from all applicants of the claims for the fourth calendar quarter for any calendar year, or in any event by June 15 following such calendar year, the commissioner shall calculate the total allowable expenditures claimed by each applicant during such calendar year; if there are insufficient funds remaining in the amount approved by the Director of the Budget to pay all allowable claims, the commissioner shall distribute any remaining balance of such amount in proportion to the relationship which each applicant's total allowable expenditures bears to the total allowable expenditures of all applicants. If the commissioner believes at any time that there may be insufficient funds to pay all allowable claims in full, he may, until such time as he can make the calculations required by this paragraph (1), make interim distributions in payment of such portion of a claim for any calendar quarter as he in his discretion believes to be prudent and equitable.

(2) Claims received later than two months after the calendar quarter during which the expenditures claimed were made may be returned unpaid, in which case they may not be resubmitted.

(3) If the fourth quarter and all previous claims by an applicant are not received on or before June 15, the commissioner may apportion the remaining approved balance among the allowable claims submitted by the other applicants.

(4) The rate established shall provide for reimbursement of all salaries and wages of personnel employed directly in the performance of environmental conservation activities and of such additional eligible expenditures as may be incurred in the administration of:

(i) Federally-aided local air pollution control programs.

(ii) Local mosquito abatement programs conducted for health or health related purposes.

(iii) Local environmental control agencies as described in subdivision (a) of section 635.4 of this Part.

(b) State aid for laboratories providing environmental conservation services shall be paid at a rate jointly determined by the commissioner and the State Commissioner of Health after review and approval of State aid applications, with such adjustment of that rate as may be necessary to distribute the entire amount approved by the Director of the Budget. No applicant shall receive more than 50 percent of its total reimbursable expenses.

(1) Claims shall be submitted quarterly not later than two months after the calendar quarter in which the expenditures claimed were made. Upon receipt from all applicants of the claims for the fourth calendar quarter for any calendar year, or in any event by June 15 following such calendar year, the commissioner and the Commissioner of Health shall calculate the total allowable expenditures claimed by each applicant during such calendar year; if there are insufficient funds remaining in the amount approved by the Director of the Budget to pay all allowable claims, the commissioner and the Commissioner of Health shall distribute any remaining balance of such amount in proportion to the relationship which each applicant's total allowable expenditures bears to the total allowable expenditures of all applicants. If the commissioner and the Commissioner of Health believe at any time that there may be insufficient funds to pay all allowable claims in full, they may, until such time as they can make the calculations required by this paragraph (1), make interim distributions in payment of such portion of a claim for any calendar quarter as they in their discretion believe to be prudent and equitable.

(2) Claims received later than two months after the calendar quarter during which the expenditures claimed were made may be returned unpaid, in which case they may not be resubmitted.

(3) If the fourth quarter and all previous claims by the applicant are not received on or before June 15, the commissioner and the Commissioner of Health may apportion the remaining approved balance among the allowable claims submitted by the other applicants.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 635.3