* § 266. Additional authority of the office; state assistance;
approved amendments for eligible alcohol and substance abuse programs.

1. Counties and the city of New York may submit approved amendments
for alcohol and substance abuse programs as defined in this article as
part of or in addition to an approved plan. In accordance with this
article, nothing in this section shall prohibit the development of
regional alcohol and substance abuse programs by two or more counties or
cities with a population of one million or more.

2. Such approved amendments shall include a statement by the county or
the city of New York indicating such municipality's understanding that
funding for eligible alcohol and substance abuse programs shall be in
accordance with subdivision four of this section and the municipality's
commitment to meet the funding requirements as set forth in such
subdivision.

3. For the purposes of carrying out the purpose of this section, of
the amount made available in paragraph a of subdivision two of section
two hundred sixty-five, state assistance of not less than seven million
dollars shall be made available for approved amendments. Of this amount,
no more than forty percent shall be made available for such state
assistance to cities with a population of one million or more. The
remaining amount shall be made available for such state assistance to
counties outside such cities. The office shall apportion the amount
available for approved amendments on an as needed basis, taking into
consideration the analysis of the relationship between alcohol, drugs
and crime, as required in this article, as well as other factors as may
be required by the office.

4. The office may receive approved amendments and may amend approved
plans in accordance with such approved amendments at any time. The
office may enter into contracts to undertake the implementation of the
approved amendments and any such municipality may enter into contracts
with the office and with private organizations for such implementation.
Any such contracts may include such provisions as may be agreed upon by
the parties thereto, but shall include at least the following:

a. An estimate of the reasonable costs and need for the eligible
alcohol and substance abuse programs;

b. An agreement by the office to reimburse the municipality in
accordance with the following:

(i) In the first year of implementation and operation of the eligible
alcohol and substance abuse program, the office shall reimburse to the
municipality one hundred percent of the costs incurred, provided that,
upon approval of the contract and consistent with implementation plans
approved by the office, up to one-half of the state's share of the cost
of such program may be immediately allocated to the municipality for
purposes of implementation of the program. The balance of the state's
share of the costs shall be allocated to the municipality in a manner
determined by the office.

(ii) In the second year of operation of such eligible alcohol and
substance abuse program, such program shall be included in the approved
service plan submitted by the municipality and the office shall
reimburse to the municipality seventy-five percent of the costs of
approved expenditures. Municipalities shall provide at least twenty-five
percent of costs of approved expenditures of the contract.

(iii) In the third and any subsequent year of operation of such
alcohol and substance abuse program, such program shall be included in
the approved service plan submitted by the municipality and the office
shall reimburse to the municipality fifty percent of the costs of
approved expenditures. Municipalities shall provide at least fifty
percent of costs of approved expenditures of the contract.

In no event shall the state's share be used to replace expenditures
previously incurred by the municipality for such alcohol and substance
abuse programs;

c. An agreement by the municipality to provide for the payment of the
municipality's share of the costs of the alcohol and substance abuse
program or programs, and to proceed expeditiously with, and implement,
such program or programs, as approved by the office; and

d. Any costs in excess of the amount provided for in this subdivision
shall be the responsibility of the municipality, except as otherwise
provided in this article.

* NB Repealed September 1, 2025