N.Y. State Finance Law § 99-d*2: Community projects fund

* § 99-d. 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 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 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