§ 53-B — Authorization of applications for state participation in certain grant or contract supported programs

§ 53-b. Authorization of applications for state participation in\ncertain grant or contract supported programs. 1. No agency shall make\napplication for participation in any continuing grant or contract\nsupported program when authorization to apply for participation in such\nprogram is disapproved by the director of the budget pursuant to the\nfollowing procedure:\n a. The chief executive officer of the agency seeking authorization to\nmake application for participation in a continuing grant or contract\nsupported program shall, at least forty days prior to any deadline for\nmaking application, except as provided in paragraph d of this\nsubdivision, notify the director of the budget, the chairman of the\nsenate finance committee and the chairman of the assembly ways and means\ncommittee of such agency's proposed application on forms and in a manner\nto be prescribed by the director of the budget, and shall provide such\npersons with such further information as they shall require. Such notice\nshall:\n (i) refer to the statutory authority under which the action is\nproposed;\n (ii) describe the substance of the application;\n (iii) indicate where a complete copy of the application and any\namendments or supplements thereto may be obtained and the name and\nlocation of the organization or organizations to which the agency\nintends to apply for such grant or contract; and\n (iv) contain a fiscal statement setting forth: (1) the estimated\namount of revenues to be received from the organization to which the\nagency is proposing to apply during each state fiscal year for the\nprogram for which such moneys are sought, (2) the estimated amount of\nmoneys to be supplied by the state, including any state matching\ncommitment, and a statement as to the method through which such moneys,\nor such commitment shall be provided, (3) the estimated amount of\nrevenues to be provided by any other agency, unit of local government,\nand any other source from which revenues will be required, (4) the\nnumber of years during which financial support for such program is\nexpected to be available from the organization to which the agency is\nproposing to apply, and (5) the expected future obligation of the state,\nif any, to continue the funding of the program including the expenditure\nlevel which the state will or may be required or expected to maintain\nfor the program upon termination of such grant or contract moneys.\n b. The director of the budget shall review all requests for\nauthorization to make application for participation in a continuing\ngrant or contract supported program, and at least twenty days prior to\napproving, disapproving, or conditionally approving any such request\nshall notify the chairman of the senate finance committee and the\nchairman of the assembly ways and means committee of his intended action\non such request.\n c. Within fifteen days of receipt of a notification from the director\nof the budget pursuant to paragraph b of this subdivision, such chairmen\nmay make recommendations thereon as to the approval, modification or\ndisapproval of any proposed application. The director of the budget\nshall consider such chairman's recommendations in his decision to\napprove, modify or disapprove any proposed application, and shall notify\nsuch chairman of action taken and the reasons in support of such action\nwhere it contravenes that recommended by either chairman.\n d. Whenever a deadline for making an application is less than forty\ndays, or whenever it is necessary for the preservation of the health,\nsafety, or general welfare of the state that action on a request for\nauthorization to make application for participation in a continuing\ngrant or contract supported program be taken by the director of the\nbudget in less than forty days, the chief executive officer of the\nagency making such request shall include a statement of such necessity\nin the notification to the director of the budget, the chairman of the\nsenate finance committee and the chairman of the assembly ways and means\ncommittee provided for in paragraph a of this subdivision. In such\ncircumstances the director of the budget may waive, to such extent as\nnecessary, the time period of the notification requirements provided in\nparagraph a of this subdivision for such application, and if necessary,\nmay issue a provisional authorization for such agency to make such\napplication pending formal review pursuant to paragraphs b and c of this\nsubdivision provided, however, that such formal review shall then be\nscheduled to occur within thirty days of such provisional authorization.\nIn the event such request is not approved pursuant to such paragraphs\nwithin such time, the provisional authorization to make such application\nshall terminate and any such application may thereafter be again made\nonly after formal review and approval.\n 2. All applications for participation in any grant or contract\nsupported program including such programs offered by a state agency or\nstate affiliated corporation, shall include a request for full overhead\nreimbursement to the maximum extent allowable under such program unless\nthe notification provided for in paragraph a of subdivision one of this\nsection includes an explanation of the agency's reasons for requesting\nless than the maximum overhead reimbursement available.\n 3. The provisions of this section shall not apply to applications for\nsponsored research grants or contracts which do not incorporate the\nprovision of services to the public or to any organization, or the\nemployees or clients thereof.\n 4. The provisions of paragraphs b, c and d of subdivision one of this\nsection shall not apply to applications for grants or contracts to\nsupport specific projects which are intended to be undertaken during a\nfixed period of time and to be completed within eighteen months of the\ndate on which work on such a project begins and which do not involve\nparticipation in a continuing program of activity.\n 5. The provisions of this section shall not apply to applications for\nreallocations of federal funds, to minor amendments to applications\nalready approved, or to applications for programs, participation in\nwhich is authorized by an appropriation or other enactment of the\nlegislature.\n 6. For the purposes of this section agency shall mean any department,\nagency, board, bureau, commission, division, council or office of the\nstate.\n