Section 179-T. Time frames for the execution of renewal contracts

1. (a) A
  state agency administering a contract shall  notify  the  not-for-profit
  organization  by  mail of the agency's preliminary intention, subject to
  enactment of an appropriation, to renew or  terminate  the  contract  no
  later  than  ninety days prior to the end of the contract or any periods
  specified therein that require further contract documents  in  order  to
  continue   payments   under   the  contract  or  thirty  days  after  an
  appropriation providing funding for continued payments shall become law,
  whichever is later. In the event an appropriation is  not  necessary  to
  renew  the  contract,  such  notification  shall be mailed no later than
  ninety days prior to the end of the current contract. In  the  event  an
  appropriation  is  necessary  and  a state budget has been enacted on or
  before the beginning of the state fiscal year in which the  contract  is
  to  be  renewed  or terminated, which provides sufficient funding to the
  state agency to enable it to renew the contract, such notification shall
  be mailed no later than ninety days prior to  the  end  of  the  current
  contract.  In  the  event  a  state  budget  has not been enacted by the
  beginning of the state fiscal year  in  which  the  contract  is  to  be
  renewed  or  terminated, such notification shall be mailed the later of:
  (i) thirty days after the enactment of a  state  budget  which  provides
  sufficient  funding  to  the  state  agency  to  enable  it to renew the
  contract; or (ii) ninety days prior to the end of the  contract  or  any
  period  specified  therein  that  require  further contract documents in
  order to continue payments under the contract.
    (b) In the event that a state agency is unable to comply with the time
  frames set forth in paragraph (a) of this  subdivision  due  to  unusual
  circumstances  beyond  the  control of the state, no payment of interest
  shall be due to the not-for-profit organization. Such state agency shall
  document the unusual circumstances which are the basis for its inability
  to comply in a written notice to the office of  the  state  comptroller,
  division  of the budget and the not-for-profit organization on or before
  the date set forth in this subdivision for renewal of the contract.  For
  the  purposes  of  this paragraph, "unusual circumstances" does not mean
  such state agency's:  (i)  failure  to  plan  for  implementation  of  a
  program;  (ii) failure to assign sufficient staff resources to implement
  a program; (iii) failure to establish a schedule for the  implementation
  of  a  program;  or  (iv)  failure  to  anticipate  any other reasonably
  foreseeable circumstance.
    (c) Not more than twenty  days  after  the  receipt  of  such  written
  notice,  the  comptroller  shall determine whether unusual circumstances
  beyond the control of the state warrant  the  denial  of  interest.  The
  comptroller  shall  thereupon  inform such state agency, the division of
  the budget, and such not-for-profit organization of such  determination.
  If  such determination concludes that the circumstances do not warrant a
  denial of interest, such state agency shall then immediately submit  for
  the  comptroller's approval a voucher requesting the payment of interest
  to such not-for-profit organization as required by section  one  hundred
  seventy-nine-v of this article.
    2.  The notice required by subdivision one of this section shall be in
  the form of a letter or may be the renewal contract. If the agency  does
  not  intend to renew the contract, such notification shall be in writing
  with reasons provided therefor. If the agency does not intend  to  renew
  the  contract  and  does  not  notify the not-for-profit organization as
  required, the contract is deemed to continue and shall remain in  effect
  until  such  time as the agency notifies the not-for-profit organization
  in the manner set forth in this subdivision.  Expenses  incurred  during
  the  extension  shall  be  reimbursable  under the terms of the existing
  contract.

    3. Upon notifying a not-for-profit organization of its intent to renew
  a contract with such not-for-profit organization, the state agency shall
  negotiate a renewal contract and shall issue a written directive to  the
  organization.  The state agency shall take all necessary steps to insure
  that  simplified  contract  documents  are  used  to  the maximum extent
  feasible.
    4. A state agency shall submit any renewal contract  to  the  attorney
  general  no  later than sixty days prior to the commencement date of the
  succeeding contract for his approval  and  the  attorney  general  shall
  within  fifteen  days either approve such renewal contract or disapprove
  and return the renewal contract to the state  agency  with  his  reasons
  therefor.  Upon  approval  of the attorney general all renewal contracts
  shall be delivered to the comptroller. Provided, however, a state agency
  shall submit any renewal  contract  consisting  of  simplified  contract
  documents  directly to the comptroller no later than sixty days prior to
  the commencement date of the succeeding contract. The comptroller  shall
  within  fifteen  days after receipt of a renewal contract either approve
  such contract or disapprove and return such contract to the state agency
  with his reasons therefor. Immediately upon receiving notice of approval
  of the renewal contract from the comptroller,  the  state  agency  shall
  mail notification of such approval to the not-for-profit organization.
    5.  Any  state  agency in receipt of a renewal contract disapproved by
  the  attorney  general  or  comptroller  shall  immediately  notify  the
  affected  not-for-profit organization and undertake, in conjunction with
  the organization, those actions necessary and appropriate,  if  any,  to
  remedy any deficiencies in the contract.