N.Y. Comp. Codes R. & Regs. tit. 17 § 980.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 980.10 - Payment of state assistance to grant counties

(a) No payment of financial assistance shall be made for any expense incurred by a rural county or its subcontractors prior to the date of written notice from the Department to the county that it has been awarded a grant.

(b) No payment shall be made until a county has furnished to the Department proper and duly certified evidence of its commitment of the required local share of grant costs and the name of its Services Coordinator.

(c) Interim Payments. Unless otherwise agreed to by the Department, at the beginning of each three-month period (quarter) of a grant, a grantee county shall submit a quarterly payment request voucher to the Department, in a form prescribed by the Department, for that quarter of the grant. Other than the first quarter, each voucher shall be accompanied by the county's interim progress report for the previous quarter. The amount requested in each quarterly voucher shall be the State share of the eligible costs of the grant expected to be incurred in that quarter, adjusted to account for any estimated overpayment or underpayment for the previous quarter, provided that no interim payment will be made in an amount that would cause the aggregate amount of all interim payments for the grant to exceed the State share of the total estimated grant costs.

(d) Consolidated Payments. The Department may elect to combine or consolidate two or more interim payments to simplify grant processing or reduce program administrative expenses.

(e) Advance Payments. In accordance with applicable provisions of Section 73-j of Article 2-F of the Transportation Law, the Department may choose to authorize whole or partial payments to a grant county in advance of the time grant costs are actually incurred by the county or its subcontractors, provided that the county has requested such advance payment and has explained to the Department's satisfaction why such payment is necessary. In considering whether to authorize any advance payment, the Department shall be guided by the degree of need for same by the county and the potential impact of a denial of such advance payment upon the success of the county's transportation coordination project. The Department may require the county to submit additional information as may be necessary as justification for an advance payment. No advance payment shall be made to a county which will cause the total of all grant payments to exceed the State share of the total estimated grant cost. No payment of State funds can be made prior to the appropriate Grant Agreement being executed by the State.

(f) Within 60 days after the completion of a grant, as determined by the terms of the grant, the chief executive officer of the county, if any, or the chairperson of the county legislative body shall forward to the Department a certified financial statement identifying actual costs incurred, grant funds expended or encumbered, including any applicable county matching funds on forms provided by the Department, in accordance with other conditions of this Part.

(g) Final review and audit. The Department shall complete a final review of each county's grant, including the county's certified financial statement and other documentation and grant reports. The Department or the Office of the State Comptroller may choose to audit a county's records and accounts pertaining to a grant, as part of its final review. Upon completion of the Department's final review of a grant, should any State funds paid to the county remain unexpended or unencumbered after the expenditure of required county share funds, the Department will credit such remaining State funds to the county's subsequent year grant under this Part. In no event shall the county's subsequent year's grant exceed the sum of $55,000 for planning or $35,000 for operating aid. Should the county not be a recipient of a subsequent year grant, it shall return such unexpended or unencumbered State funds to the Department, within 60 days of the receipt of written notice from the Department to do so.

(h) Rural counties are empowered by Article 2-F of the Transportation Law to enter into any agreement or contract with any private or public agencies, corporations or individuals necessary or convenient to carry out their responsibilities under this Part. Program funds made available shall be provided pursuant to the terms of such contracts.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 980.10