§ 179-t. Time frames for the execution of renewal contracts. 1. (a) A
state agency administering a contract shall notify the not-for-profit
organization by mail of the agency's preliminary intention, subject to
enactment of an appropriation, to renew or terminate the contract no
later than ninety days prior to the end of the contract or any periods
specified therein that require further contract documents in order to
continue payments under the contract or thirty days after an
appropriation providing funding for continued payments shall become law,
whichever is later. In the event an appropriation is not necessary to
renew the contract, such notification shall be mailed no later than
ninety days prior to the end of the current contract. In the event an
appropriation is necessary and a state budget has been enacted on or
before the beginning of the state fiscal year in which the contract is
to be renewed or terminated, which provides sufficient funding to the
state agency to enable it to renew the contract, such notification shall
be mailed no later than ninety days prior to the end of the current
contract. In the event a state budget has not been enacted by the
beginning of the state fiscal year in which the contract is to be
renewed or terminated, such notification shall be mailed the later of:
(i) thirty days after the enactment of a state budget which provides
sufficient funding to the state agency to enable it to renew the
contract; or (ii) ninety days prior to the end of the contract or any
period specified therein that require further contract documents in
order to continue payments under the contract.

(b) In the event that a state agency is unable to comply with the time
frames set forth in paragraph (a) of this subdivision due to unusual
circumstances beyond the control of the state, no payment of interest
shall be due to the not-for-profit organization. Such state agency shall
document the unusual circumstances which are the basis for its inability
to comply in a written notice to the office of the state comptroller,
division of the budget and the not-for-profit organization on or before
the date set forth in this subdivision for renewal of the contract. For
the purposes of this paragraph, "unusual circumstances" does not mean
such state agency's: (i) failure to plan for implementation of a
program; (ii) failure to assign sufficient staff resources to implement
a program; (iii) failure to establish a schedule for the implementation
of a program; or (iv) failure to anticipate any other reasonably
foreseeable circumstance.

(c) Not more than twenty days after the receipt of such written
notice, the comptroller shall determine whether unusual circumstances
beyond the control of the state warrant the denial of interest. The
comptroller shall thereupon inform such state agency, the division of
the budget, and such not-for-profit organization of such determination.
If such determination concludes that the circumstances do not warrant a
denial of interest, such state agency shall then immediately submit for
the comptroller's approval a voucher requesting the payment of interest
to such not-for-profit organization as required by section one hundred
seventy-nine-v of this article.

2. The notice required by subdivision one of this section shall be in
the form of a letter or may be the renewal contract. If the agency does
not intend to renew the contract, such notification shall be in writing
with reasons provided therefor. If the agency does not intend to renew
the contract and does not notify the not-for-profit organization as
required, the contract is deemed to continue and shall remain in effect
until such time as the agency notifies the not-for-profit organization
in the manner set forth in this subdivision. Expenses incurred during
the extension shall be reimbursable under the terms of the existing
contract.

3. Upon notifying a not-for-profit organization of its intent to renew
a contract with such not-for-profit organization, the state agency shall
negotiate a renewal contract and shall issue a written directive to the
organization. The state agency shall take all necessary steps to insure
that simplified contract documents are used to the maximum extent
feasible.

4. A state agency shall submit any renewal contract to the attorney
general no later than sixty days prior to the commencement date of the
succeeding contract for his approval and the attorney general shall
within fifteen days either approve such renewal contract or disapprove
and return the renewal contract to the state agency with his reasons
therefor. Upon approval of the attorney general all renewal contracts
shall be delivered to the comptroller. Provided, however, a state agency
shall submit any renewal contract consisting of simplified contract
documents directly to the comptroller no later than sixty days prior to
the commencement date of the succeeding contract. The comptroller shall
within fifteen days after receipt of a renewal contract either approve
such contract or disapprove and return such contract to the state agency
with his reasons therefor. Immediately upon receiving notice of approval
of the renewal contract from the comptroller, the state agency shall
mail notification of such approval to the not-for-profit organization.

5. Any state agency in receipt of a renewal contract disapproved by
the attorney general or comptroller shall immediately notify the
affected not-for-profit organization and undertake, in conjunction with
the organization, those actions necessary and appropriate, if any, to
remedy any deficiencies in the contract.