Legislation
SECTION 53-A
Filing of notices of applications for state participation in certain federal programs
State Finance (STF) CHAPTER 56, ARTICLE 4
§ 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.
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.