Section 266. Additional authority of the division; 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 division 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 division.
    4. The division may receive approved amendments and may amend approved
  plans in accordance with such  approved  amendments  at  any  time.  The
  division may enter into contracts to undertake the implementation of the
  approved  amendments  and any such municipality may enter into contracts
  with  the   division   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  division  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 division 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  division,  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 division.
    (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 division 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 division
  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 division; 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, 2011