N.Y.
State Finance Law Section 99-D*2
Community projects fund
1.
There is hereby established in the joint custody of the comptroller and the commissioner of taxation and finance a special fund to be known as the community projects fund. This fund may have separate accounts designated pursuant to a specific appropriation to such account or pursuant to a written suballocation plan approved in a memorandum of understanding executed by the director of the budget, the secretary of the senate finance committee and the secretary of the assembly ways and means committee. Such suballocation shall be submitted to the comptroller.2.
Such fund shall consist of monies transferred to such fund from the general fund/state purposes account, or any other monies required to be transferred or deposited, pursuant to law. Monies may not be transferred or loaned between the accounts of this fund, unless specifically provided (a) by law, or(b)
by letter signed by the director of the budget, but only upon the joint request of the secretary of the senate finance committee and the secretary of the assembly ways and means committee.3.
(a) As required to make timely payments from such accounts upon presentment of proper vouchers therefor, the state comptroller shall make transfers to any account in this fund up to the amounts annually specified for transfer to such account and in compliance with subdivision two of this section, but only from such fund or funds authorized to provide such transfers.(b)
By the close of each fiscal year, all remaining amounts not yet transferred shall be transferred to the designated accounts for which such transfers were authorized, up to the total amounts specified for transfer to each account in each fiscal year, pursuant to law and in compliance with subdivision two of this section.4.
Notwithstanding § 40 (Period for which appropriations made)section forty of this chapter or any other provision of law, appropriations of this fund shall be available for liabilities incurred during and after the close of the fiscal year for which such appropriations are enacted, provided however that such appropriations shall lapse on the fifteenth day of September following the close of the fiscal year, and no monies shall thereafter be paid out of the state treasury or any of its funds or the funds under its management pursuant to such appropriations.5.
The director of the budget shall issue a certificate of approval for any appropriation in any account of this fund no later than the later of sixty days after the enactment of such appropriation or five days after the execution of a written suballocation plan pursuant to the provisions of subdivision one of this section. Such approval shall satisfy any other requirement for a certificate of approval.6.
(a) The state shall not be liable for payments pursuant to any contract, grant or agreement made pursuant to an appropriation in any account of this fund if insufficient monies are available for transfer to such account of this fund, after required transfers pursuant to subdivision three of this section. Except with respect to contracts, grants, or agreements executed by any state officer, employee, department, institution, commission, board, or other agency of the state prior to the effective date of this section, any contract, grant or agreement made pursuant to an appropriation in this fund shall incorporate this provision as a term of such contract, grant or agreement.(b)
The exhaustion of funds available for such transfers shall not preclude the approval of contracts hereunder pursuant to § 112 (Accounting systems)section one hundred twelve of this chapter. Notwithstanding any other provision of law, interest shall not be due to any recipient for any late payments made from this fund which result from insufficient monies being available in an account of this fund.7.
Monies shall be paid out of such accounts on the audit and warrant of the state comptroller on vouchers certified or approved by the head of the appropriate agency. * NB There are 2 § 99-d’s
Source:
Section 99-D*2 — Community projects fund, https://www.nysenate.gov/legislation/laws/STF/99-D*2 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
