N.Y. State Fin. Law § 53-A

Current through 2024 NY Law Chapter 443

Section 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.

N.Y. State Fin. Law § 53-A