N.Y. Transportation Law § 21: Single audit program

§ 21. Single audit program. 1. Municipalities and public authorities

that are required in any fiscal year to have a federal single audit

performed under paragraph (a) of part 200.501 of title 2 of the code of

federal regulations as amended from time to time, and that expend in

excess of the dollar amount provided in 2 CFR 200.501(a) as amended from

time to time in any fiscal year from funds provided through state

transportation programs, projects, grants, contracts or agreements

administered by the department, shall prepare a "schedule of state

transportation assistance expended" and cause such schedule to be

audited by an independent certified public accountant for each period

corresponding to the federal single audit. The audit shall conform with

government auditing standards and shall include a professional audit

opinion on:

(a) the "schedule of state transportation assistance expended";

(b) compliance with applicable state laws, rules, regulations and

contract provisions in the administration of state transportation funded

programs, projects, contracts and grants administered by the department;

and

(c) the adequacy of internal controls in administering such funds in

conformance with state laws, rules, regulations and contract provisions.

2. For the purposes of this section, the term "fiscal year" shall mean

the regular annual accounting period of the municipality or public

authority; and the term "government auditing standards" shall mean those

standards prescribed by the comptroller general of the United States.

3. The commissioner shall promulgate rules and regulations for the

implementation of this section. Such rules and regulations shall

include, but shall not be limited to, audit compliance requirements for

specified programs administered by the department, audit report

submission requirements, the acceptance criteria for audit reports, and

any information needed by the commissioner to complete the reports

required by subdivision six of this section. Audit reports under this

section shall be due for each fiscal year beginning after December

thirty-first, two thousand.

4. Additional expenses incurred by a municipality or public authority

in connection with audits performed under this section may be chargeable

as an indirect cost to the state program, project, grant, contract or

agreement where otherwise allowable and to the extent funds are provided

for such purposes.

5. The commissioner, insofar as the commissioner deems practicable,

shall not impose any additional audit requirements in the department's

administration of state transportation programs, projects, grants,

contracts and agreements upon municipalities and public authorities

which provide both the federal single audit and the state audit in

accordance with subdivision one of this section. This section shall not

supersede the authority of the state comptroller to conduct audits.

6. The commissioner shall annually report to the governor, the

temporary president of the senate and the speaker of the assembly on the

benefits and costs of the implementation of this section by the

thirty-first of October, beginning in the year two thousand nineteen.