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

New York § 266

• Jurisdiction: New York
• Law EXC: Executive
• Art. 13-A: Alternatives to Incarceration Service Plans

Text

* § 266. Additional authority of the office; state assistance;\napproved amendments for eligible alcohol and substance abuse programs.\n 1. Counties and the city of New York may submit approved amendments\nfor alcohol and substance abuse programs as defined in this article as\npart of or in addition to an approved plan. In accordance with this\narticle, nothing in this section shall prohibit the development of\nregional alcohol and substance abuse programs by two or more counties or\ncities with a population of one million or more.\n 2. Such approved amendments shall include a statement by the county or\nthe city of New York indicating such municipality's understanding that\nfunding for eligible alcohol and substance abuse programs shall be in\naccordance with subdivision four of this section and the municipality's\ncommitment to meet the funding requirements as set forth in such\nsubdivision.\n 3. For the purposes of carrying out the purpose of this section, of\nthe amount made available in paragraph a of subdivision two of section\ntwo hundred sixty-five, state assistance of not less than seven million\ndollars shall be made available for approved amendments. Of this amount,\nno more than forty percent shall be made available for such state\nassistance to cities with a population of one million or more. The\nremaining amount shall be made available for such state assistance to\ncounties outside such cities. The office shall apportion the amount\navailable for approved amendments on an as needed basis, taking into\nconsideration the analysis of the relationship between alcohol, drugs\nand crime, as required in this article, as well as other factors as may\nbe required by the office.\n 4. The office may receive approved amendments and may amend approved\nplans in accordance with such approved amendments at any time. The\noffice may enter into contracts to undertake the implementation of the\napproved amendments and any such municipality may enter into contracts\nwith the office and with private organizations for such implementation.\nAny such contracts may include such provisions as may be agreed upon by\nthe parties thereto, but shall include at least the following:\n a. An estimate of the reasonable costs and need for the eligible\nalcohol and substance abuse programs;\n b. An agreement by the office to reimburse the municipality in\naccordance with the following:\n (i) In the first year of implementation and operation of the eligible\nalcohol and substance abuse program, the office shall reimburse to the\nmunicipality one hundred percent of the costs incurred, provided that,\nupon approval of the contract and consistent with implementation plans\napproved by the office, up to one-half of the state's share of the cost\nof such program may be immediately allocated to the municipality for\npurposes of implementation of the program. The balance of the state's\nshare of the costs shall be allocated to the municipality in a manner\ndetermined by the office.\n (ii) In the second year of operation of such eligible alcohol and\nsubstance abuse program, such program shall be included in the approved\nservice plan submitted by the municipality and the office shall\nreimburse to the municipality seventy-five percent of the costs of\napproved expenditures. Municipalities shall provide at least twenty-five\npercent of costs of approved expenditures of the contract.\n (iii) In the third and any subsequent year of operation of such\nalcohol and substance abuse program, such program shall be included in\nthe approved service plan submitted by the municipality and the office\nshall reimburse to the municipality fifty percent of the costs of\napproved expenditures. Municipalities shall provide at least fifty\npercent of costs of approved expenditures of the contract.\n In no event shall the state's share be used to replace expenditures\npreviously incurred by the municipality for such alcohol and substance\nabuse programs;\n c. An agreement by the municipality to provide for the payment of the\nmunicipality's share of the costs of the alcohol and substance abuse\nprogram or programs, and to proceed expeditiously with, and implement,\nsuch program or programs, as approved by the office; and\n d. Any costs in excess of the amount provided for in this subdivision\nshall be the responsibility of the municipality, except as otherwise\nprovided in this article.\n * NB Repealed September 1, 2027\n