N.Y. Executive Law § 266: Additional authority of the office; state assistance; approved amendments for eligible alcohol and substance abuse programs

* § 266. Additional authority of the office; state assistance;

approved amendments for eligible alcohol and substance abuse programs.

1. Counties and the city of New York may submit approved amendments

for alcohol and substance abuse programs as defined in this article as

part of or in addition to an approved plan. In accordance with this

article, nothing in this section shall prohibit the development of

regional alcohol and substance abuse programs by two or more counties or

cities with a population of one million or more.

2. Such approved amendments shall include a statement by the county or

the city of New York indicating such municipality's understanding that

funding for eligible alcohol and substance abuse programs shall be in

accordance with subdivision four of this section and the municipality's

commitment to meet the funding requirements as set forth in such

subdivision.

3. For the purposes of carrying out the purpose of this section, of

the amount made available in paragraph a of subdivision two of section

two hundred sixty-five, state assistance of not less than seven million

dollars shall be made available for approved amendments. Of this amount,

no more than forty percent shall be made available for such state

assistance to cities with a population of one million or more. The

remaining amount shall be made available for such state assistance to

counties outside such cities. The office shall apportion the amount

available for approved amendments on an as needed basis, taking into

consideration the analysis of the relationship between alcohol, drugs

and crime, as required in this article, as well as other factors as may

be required by the office.

4. The office may receive approved amendments and may amend approved

plans in accordance with such approved amendments at any time. The

office may enter into contracts to undertake the implementation of the

approved amendments and any such municipality may enter into contracts

with the office and with private organizations for such implementation.

Any such contracts may include such provisions as may be agreed upon by

the parties thereto, but shall include at least the following:

a. An estimate of the reasonable costs and need for the eligible

alcohol and substance abuse programs;

b. An agreement by the office to reimburse the municipality in

accordance with the following:

(i) In the first year of implementation and operation of the eligible

alcohol and substance abuse program, the office shall reimburse to the

municipality one hundred percent of the costs incurred, provided that,

upon approval of the contract and consistent with implementation plans

approved by the office, up to one-half of the state's share of the cost

of such program may be immediately allocated to the municipality for

purposes of implementation of the program. The balance of the state's

share of the costs shall be allocated to the municipality in a manner

determined by the office.

(ii) In the second year of operation of such eligible alcohol and

substance abuse program, such program shall be included in the approved

service plan submitted by the municipality and the office shall

reimburse to the municipality seventy-five percent of the costs of

approved expenditures. Municipalities shall provide at least twenty-five

percent of costs of approved expenditures of the contract.

(iii) In the third and any subsequent year of operation of such

alcohol and substance abuse program, such program shall be included in

the approved service plan submitted by the municipality and the office

shall reimburse to the municipality fifty percent of the costs of

approved expenditures. Municipalities shall provide at least fifty

percent of costs of approved expenditures of the contract.

In no event shall the state's share be used to replace expenditures

previously incurred by the municipality for such alcohol and substance

abuse programs;

c. An agreement by the municipality to provide for the payment of the

municipality's share of the costs of the alcohol and substance abuse

program or programs, and to proceed expeditiously with, and implement,

such program or programs, as approved by the office; and

d. Any costs in excess of the amount provided for in this subdivision

shall be the responsibility of the municipality, except as otherwise

provided in this article.

* NB Repealed September 1, 2027