9 NYCRR Part 165 - Executive Department

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9 NYCRR 165-1.1 - Purpose.

Source version current through Oct 7, 2026

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Oct 7, 2026
Related Register notice: CFS-49-15-00005-A · Adopted rule
Related notice published: Aug 17, 2016
Related notice effective date: Aug 17, 2016

Purpose.

This Subpart is established to provide for the coordination and the allocation methodology for funding for a range of community level services and programs that will promote positive youth development through youth development programs in accordance with Article 19-A of the Executive Law. Consistent with the requirements of all applicable laws, rules and regulations, youth development programs are designed to promote positive youth development by undertaking activities to prevent delinquency and youth crime while advancing the moral, physical, mental and social well-being of youth.

9 NYCRR 165-1.2 - Definitions.

Source version current through Oct 7, 2026

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Oct 7, 2026
Related Register notice: CFS-49-15-00005-A · Adopted rule
Related notice published: Aug 17, 2016
Related notice effective date: Aug 17, 2016

Definitions.

(a)Office shall mean the New York State Office of Children and Family Services established in the department of family assistance by chapter four hundred thirty-six of the laws of nineteen hundred ninety-seven.

(b)Youth shall mean any person under twenty-one years of age.

(c)Municipality shall mean a county, or a city having a population of one million or more.

(d)Youth development program shall mean a local program designed to accomplish the broad purposes of Article 19-A of the Executive Law to promote positive youth development by undertaking activities to prevent delinquency and youth crime while advancing the moral, physical, mental and social well-being of youth. Provided, however, that the term “youth development program” does not include approved runaway programs or transitional independent living support programs as such terms are defined in Section 532-a of the Executive Law. When used in this Part, the term “youth development program” refers only to those programs that receive youth development funding as defined in subdivision (j) of this section.

(e)Youth bureau shall mean an agency created by a municipality, village, town, or city for the purpose of engaging in activities including, but not limited to, the planning, operation, administration or monitoring of youth development programs offered by public or private agencies serving youth throughout a particular municipality, village, town, or city.

(f) Municipal youth bureau shall mean either:

(1) in a city having a population of one million or more, the New York City Department of Youth and Community Development, or a successor entity;

(2) a youth bureau that engages in activities, including, but not limited to, the planning, operation, administration or monitoring of youth development programs, throughout a particular county; or

(3) a youth bureau that engages in activities, including, but not limited to, the planning, operation, administration or monitoring of youth development programs, throughout two or more particular counties, in accordance with section 422(5) of the Executive Law.

(g) Local youth bureau shall mean a youth bureau, not included within the definition of municipal youth bureau, that engages in activities including, but not limited to, the operation, administration, or monitoring of youth development programs, throughout a particular village, town, or city.

(h) Youth board shall mean the citizen board of a youth bureau.

(i)Comprehensive plan for youth development programs shall mean the plan developed by a municipality, in consultation with the applicable municipal youth bureau, to offer youth development programs in accordance with section 420(1) of the Executive Law. The comprehensive plan for youth development programs shall be subject to the approval of the Office and shall be submitted to the Office by each municipality at such time and for such periods as the Office shall determine.

(j)Youth development funding shall mean state aid, as defined in section 412(6) of the Executive Law, to include payments by the state to a municipality for or toward the cost of the establishment, operation and/or maintenance of approved youth development programs.

9 NYCRR 165-1.3 - Comprehensive plans for youth development programs

Source version current through Jul 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(a)To be considered for youth development funding, each municipality must consult with its applicable municipal youth bureau to develop a written comprehensive plan for youth development programs including any documentation as may be required by the office, to be submitted in the manner and form and at such time as designated by the office in accordance with the provisions of section 420 of the Executive Law. As required by section 34-a of the Social Services Law, the comprehensive plan for youth development programs will be submitted as part of the county child and family services plan. The office may require municipalities to submit comprehensive plans for youth development programs through a variety of written documents rather than as a single document. The office may also require municipalities to submit certain information for the comprehensive plan for youth development programs through application forms, contract forms, administrative summaries, and/or other formats as determined by the office. The comprehensive plan for youth development programs, including all supporting documentation, is subject to the approval of the office.

(b)A municipality’s comprehensive plan for youth development programs shall:

(1)describe the need in the municipality for youth development programs, and specify, at a minimum, how the municipality will address the need for youth development in villages, towns, and cities that have a youth population of 20,000 or more persons;

(2)detail how the municipality will allocate the youth development funding that it receives, including an accounting of all the eligible entities within the municipality that will receive such funding, the youth development services that such entities will provide, and the amount of funding that each entity will receive;

(3)specify how the municipality will measure performance outcomes for services and programs covered under the plan;

(4)specify the projected performance outcomes for services and programs covered under the plan, including projected positive outcomes for youth who participate in the services and programs;

(5)provide information on the performance outcomes of services provided under the municipality’s most recent approved plan, including outcome-based measures that demonstrate the quality of services provided and the effectiveness of programs funded under the plan; and

(6)provide information regarding services for runaway and homeless youth in the municipality, as follows:

(i)for any municipality that chooses to submit a runaway and homeless youth plan pursuant to article 19-A of the Executive Law, such plan must be submitted as part of the comprehensive plan for youth development services and must be consistent with the goals and objectives therein including specifying whether the municipality, in relation to the residential programs included in its plan, opts to allow:

(a)runaway youth to remain in a certified residential runaway and homeless youth crisis services program for a period not to exceed 30 days, or for youth ages 14 years or older for a period of up to 60 days, from the date of admission where the filing of a petition pursuant to article 10 of the Family Court Act is not contemplated;

(b)runaway youth to remain in a certified residential runaway and homeless youth crisis services program for up to 60 days or for up to 120 days if the runaway youth and the parent, guardian or custodian agree in writing, without the filing of a petition pursuant to article 10 of the Family Court Act;

(c)runaway youth to remain in a certified residential runaway and homeless youth crisis services program beyond the applicable period chosen by the municipality under clause (a) of this subparagraph subject to the condition that, for each such youth, the municipality, through its runaway and homeless youth service coordinator or other specified designee, provides written notice, within 60 days, to the office of the circumstances that made the provision of shelter necessary, efforts made by the program to find suitable alternative living arrangements for such youth, and the outcome of such efforts.

(d)runaway youth to remain in a certified residential runaway and homeless youth crisis services program beyond the applicable period chosen by the municipality under clause (b) of this subparagraph subject to the condition that, for each such youth, the municipality, through its runaway and homeless youth service coordinator or other specified designee, provides written notice, within 60 days, to the office of the circumstances that made the provision of shelter necessary, efforts made by the program to find suitable alternative living arrangements for such youth, and the outcome of such efforts;

(e)homeless youth under the age of 16 to receive shelter in a residential transitional independent living support program subject to the condition that, for each such youth, the municipality provides, through its runaway and homeless youth service coordinator or other specified designee, written notice, within 60 days, to the office of the circumstances that made the provision of shelter necessary, efforts made by the program to find suitable alternative living arrangements for such youth, and the outcome of such efforts;

(f)homeless youth to remain in a transitional independent living support program for a period of up to 18 months, or for a period of up to 24 months;

(g)homeless youth who enter a transitional independent living support program under the age of 21 to continue to receive shelter services in such program beyond the period of time chosen by the municipality under clause (f) of this subparagraph subject to the condition that, for each such youth, the municipality provides, through its runaway and homeless youth service coordinator or other specified designee, written notice, within 60 days, to the office of the circumstances that made the provision of shelter necessary, efforts made by the program to find suitable alternative living arrangements for such youth, and the outcome of such efforts; and

(h)homeless young adults as defined in section 182-1.2(x) of this Title to receive all the services available to homeless youth;

(ii)for any municipality that does not submit a runaway and homeless youth plan, the municipality must provide an assessment of the need within the municipality for services to assist runaway and homeless youth and youth in need of crisis intervention or respite services.

(c)

(1)The office may approve all or part of a municipality’s comprehensive plan for youth development programs and any other supporting documentation and/or information submitted as part of the plan. If the office does not approve all or part of a municipality’s comprehensive plan for youth development programs or any other supporting documents, the municipality will have 60 days from receipt of the notification of disapproval to submit a revised plan or documents.

(2)If the office does not approve all or part of the municipality’s revised plan or supporting documents submitted within the 60 days, the office may withhold youth development funds until a plan is fully approved by the office.

(d)Amendments.

If a municipality wishes to modify its approved comprehensive plan for youth development programs or supporting documentation, the municipality must request the office to approve such amendment. Any such amendment will not be effective until approved by the office. Amendment requests must be made in the form and manner determined by the office.

(e)Requests for waivers.

A municipality may request the office to waive any non-statutory regulatory requirement relating to the content or timing of its comprehensive plan for youth development programs where the municipality believes that the requirement will impose an undue hardship or impede its ability to implement its county child and family services plan.

(f)Granting of waivers.

The office may waive any non-statutory regulatory requirements in this or any other section relating to the content and timing of comprehensive plans for youth development programs that it deems may impose an undue hardship or unreasonably impede the ability of a municipality to implement a county child and family services plan. The office may establish alternative requirements that the municipality must meet as a condition of being granted and maintaining a waiver.

9 NYCRR 165-1.4 - Funding of youth development programs

Source version current through Jul 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-49-15-00005-A · Adopted rule
Related notice published: Aug 17, 2016
Related notice effective date: Aug 17, 2016

(a)Youth development funding.

Each municipality operating a youth development program approved by the office shall be eligible for 100 percent State reimbursement of its qualified expenditures, subject to available appropriations and exclusive of any Federal funds made available for such program, not to exceed the municipality’s distribution of State aid under article 19-A of the Executive Law.

(1)Eligibility. Youth development funding shall be distributed by the office to eligible municipalities that have an approved comprehensive plan for youth development programs.

(2)Distribution methodology. Youth development funding shall be limited to the funds specifically appropriated for youth development programs. The distribution of youth development funding shall be based on the number of youth under the age of 21 residing in each municipality, as shown by the last published Federal census and certified in the manner provided for by section 54 of the State Finance Law, as well as on other factors determined by the office, which may include, but are not limited to:

(i)the percentage and/or number of youth living in poverty within each municipality;

(ii)the amount of previous allocations;

(iii)the amount of previous claims; and

(iv)success in achieving previous targeted performance outcomes.

(3)Municipal youth bureaus serving more than one county. The establishment of a single municipal youth bureau by two or more municipalities in accordance with Executive Law section 422(5) shall not affect the amount of the youth development funding distributed by the office to any such participating municipality.

(4)Statewide training and technical assistance. The office may use a portion of youth development funding to enter into contracts to provide statewide training for youth development programs, to assist municipalities in obtaining performance data that can be used to improve youth development programming, and/or for other efforts that directly support youth development programs.

(b)Reimbursable expenditures and claims.

(1)Expenditures of youth development funding by a municipality must be in accordance with the information contained in the municipality’s approved comprehensive plan for youth development programs.

(2)Youth development program funding must directly support the establishment, operation and/or maintenance of a youth development program. Youth development funding must be used to provide community-level services designed to promote positive youth development. These may include, but are not limited to, services that:

(i)promote physical and emotional wellness, educational achievement or civic, family and community engagement;

(ii)provide family support;

(iii)prevent juvenile delinquency and/or child abuse and neglect;

(iv)avert family crises;

(v)provide support services to youth in an approved runaway or transitional independent living support program; and

(vi)assist youth in need of crisis intervention or respite services.

(3)Time requirements for claims. The office will reimburse only those claims for youth development programs that are submitted to the office within 12 months of the calendar quarter in which the expenditure was made.

(4)All claims for youth development funding must be submitted in the manner and format required by the office. This may include electronic submission.

(5)The office may establish policies and procedures regarding reimbursement of expenditures.

(c)Municipal youth bureaus serving more than one municipality.

In accordance with Executive Law section 422(5), two or more municipalities may join together to establish, operate and maintain a municipal youth bureau.

(1)Such municipalities must establish agreements that include provisions for the proportionate costs to be borne by each municipality and for the manner of employment of personnel.

(2)Such municipalities may establish agreements designating a fiscal officer of one of the participating municipalities to be the custodian of all moneys available for such purposes by all such municipalities; the fiscal officer may make payments upon audit by the appropriate auditing body or officer of his or her municipality.

(3)In making claims for youth development program expenditures, each such municipality must claim for its proportionate share of the total joint expenditures. However, where there is a disbursing municipality as described in paragraph (2) of this subdivision, the disbursing municipality may claim for the total joint program expenditures and disburse the youth development funding to each participating municipality based upon its proportionate share of expenditures. The disbursing municipality must inform the office of the amount of all such disbursements.

(d)Funding of local youth bureaus.

A municipality’s comprehensive plan for youth development programs may provide funding for a municipal youth bureau and for one or more local youth bureaus that have been approved by the municipality in accordance with section 165-1.5(d) of this Subpart after April 1, 2013. Any local youth bureau approved by the office on or before April 1, 2013 shall be an approved youth bureau for funding purposes. A municipality may not provide youth development funding to a local youth bureau prior to approval by the office of its comprehensive plan for youth development programs that describes the local youth bureau and the activities that it will conduct. Youth development funding for local youth bureaus is subject to the following provisions:

(1)In order to receive youth development funding, a local youth bureau must be providing, operating, administering, or monitoring youth development programs.

(2)No more than 15 percent of the youth development funds that a municipality provides to a local youth bureau may be used for administrative functions performed by the local youth bureau.

(e)Limitations on reimbursable expenditures and claims.

(1)The office may determine whether claims for youth development funding are reasonable, and therefore reimbursable, taking into consideration the number of youth served, the type and quality of services provided, and the program cost.

(2)If a municipality does not allocate youth development funding pursuant to its approved comprehensive plan, the office may withhold reimbursement to the municipality and/or disallow claims.

(3)Failure of the municipality to comply with applicable laws, rules and regulations may result in termination of youth development funding, disapproval of claims, and/or non-payment of claims.

(4)The office may not reimburse claims for youth development funding for the costs of administrative staff where such staff lacks the qualifications necessary for the work or where such staff has demonstrated through their work that they are unable to perform their duties in such manner as to provide a satisfactory youth development program, as determined by the office.

(f)Financial reports.

The office may require municipalities receiving youth development funding to submit reports no more often than once per year concerning expenditures for the planning, operation, administration, and monitoring of its youth development programs, to be submitted in the time, manner, and form prescribed by the office and to provide information as specified by the office.

9 NYCRR 165-1.5 - Youth development programs administration

Source version current through Jul 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-49-15-00005-A · Adopted rule
Related notice published: Aug 17, 2016
Related notice effective date: Aug 17, 2016

(a)Non-discrimination.

(1)No youth shall be denied the services or facilities of any youth development program receiving State funding based on the youth’s race, creed, color, national origin, gender, sexual orientation, gender identity or expression, marital status, religion, disability and/or any other protected class as defined by law.

(2)No discrimination shall be practiced in the employment of personnel for youth development programs on the basis of race, creed, color, national origin, age, gender, sexual orientation, gender identity or expression, marital status, religion, disability and/or any other protected class as defined by law.

(b)Contracts.

A municipality may enter into contracts with other agencies and entities, in accordance with all applicable laws, rules, and regulations, to effectuate youth development programs. The municipality must require that any such agencies or entities adhere to all applicable laws, rules, and regulations related to the implementation of its youth development programming.

(c)Municipal youth bureaus.

(1)Staffing. Each municipal youth bureau must employ sufficient staff to implement its approved youth development program or programs. An executive director or other designated person employed by the municipality must be assigned by the municipality to maintain overall responsibility for its municipal youth bureau.

(i)The executive director, or other designated person with responsibility for the municipal youth bureau, must have, as determined by the office, sufficient access to the chief executive of the municipality to consult, communicate, and advocate regarding youth development issues and programs. For a municipal youth bureau serving more than one municipality, the executive director or designee must have such access to the chief executives of each participating municipality.

(ii)The responsibilities of the municipal youth bureau executive director or other designated person with responsibility for the municipal youth bureau shall include, but not be limited to:

(a)consulting with the applicable municipality or municipalities regarding the development of its comprehensive plan;

(b)developing progress and performance measures for youth development programs;

(c)monitoring and evaluating youth development programs;

(d)facilitating the collaboration and coordination of public and private entities to initiate and establish youth development programs in the municipality;

(e)providing oversight of and technical assistance to the youth board for the municipal youth bureau; and

(f)consulting with the municipality or municipalities and the county or city Department of Social Services in the development of a runaway and homeless youth plan, where a municipality is receiving State aid for a runaway and homeless youth program pursuant to section 420 of the Executive Law.

(2)Youth boards. Each municipal youth bureau must have a youth board meeting the requirements of this paragraph as a condition for receiving youth development funding. The office may deny youth development funding to a municipality that does not meet these requirements.

(i)Composition of youth boards. The youth board for a municipal youth bureau shall be representative of the community that it serves. The members of the youth board shall include, but are not limited to: youth representatives, representatives of the municipality’s citizens and community services organizations, public officials, and youth development program stakeholders.

(a)The youth board for a municipal youth bureau shall have a minimum of 11 members, who are appointed by the municipality and who are not paid.

(b)All appointments of youth board members must conform to all applicable Federal, State, and local laws, rules, and regulations regarding equal opportunity and affirmative action.

(ii)Powers, duties and responsibilities of youth boards for municipal youth bureaus. In consultation with the municipal youth bureau, the youth board:

(a)advises the municipal youth bureau on local youth needs and on policies and plans that can promote positive youth development and/or prevent delinquency and youth crime;

(b)advocates for youth, for the development of services and strategies that address locally identified youth problems and needs, and for responding to opportunities to address those needs;

(c)promotes cooperation and collaboration among employers, labor, schools, religious organizations, recreation and/or youth commissions, service clubs, youth and family service providers, and other public and private entities in order to encourage local community participation in planning of youth development programs;

(d)reviews and analyzes proposals for the creation or expansion of youth development programs, and recommends to the chief executive of the municipality whether to accept or reject such proposals; and

(e)advises the municipality throughout the process of developing the municipality’s comprehensive plan for youth development programs.

(d)Local youth bureaus.

(1)A city, town or village that wishes to establish a local youth bureau that was not approved by the office on or before April 1, 2013, may apply for approval of its plan to the municipality in which the city, town, or village is located. The application must be in writing, specify the nature of the local youth bureau program(s), and contain any information required by the municipality.

(2)No application for approval of a local youth bureau shall be considered by a municipality unless the application has first been approved by the governing body of the city, town, or village making the application.

(3)A municipality may approve or disapprove an application for a proposed local youth bureau.

(4)The approval of a local youth bureau by a municipality authorizes the city, town, or village to establish, operate and maintain the local youth bureau and allows the municipality to distribute youth development funding to the local youth bureau.

(5)A municipality that approves a local youth bureau must require that the local youth bureau adhere to all applicable laws, rules, and regulations.

(e)Records.

A municipality that receives youth development funding shall make its records pertaining to its youth development programs available for examination or inspection by the office during normal business hours upon request by the office. Records involving funding received or expended, and/or contracts entered into by a municipality that involve the provision or support of services pursuant to this Subpart, must be retained by the municipality for the later of six years from the conclusion of the calendar year in which the funds are expended, or six years from the end of any contract providing or supporting services under this Subpart. All other records required under this Subpart must be maintained for a period of three years.

(f)Reports.

The municipality or its agent shall submit to the office any statistical and other reports or information related to State-funded youth development programs as the office may reasonably require.

9 NYCRR 165-3.1 - Legal authority

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

This Subpart is promulgated pursuant to sections 500 and 527-j of the Executive Law.

9 NYCRR 165-3.2 - Purpose

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

The purpose of this Subpart is to implement the provisions of chapters 211, 212 and 871 of the Laws of 1990 which authorize the New York State Division for Youth to, subject to amounts appropriated through bonding, provide awards to municipalities and not-for-profit corporations to promote the physical, mental and social well-being of youth in order to prevent juvenile delinquency. Pursuant to the aforementioned laws and this Subpart, those municipalities and not-for-profit corporations who are provided awards shall receive the benefit of capital projects to acquire, construct or rehabilitate youth centers. These capital projects shall be financed through the Urban Development Corporation and shall be planned and completed by or on behalf of the Commissioner of General Services with the approval of the director of the Division of the Budget.

9 NYCRR 165-3.3 - Definitions

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)Award means the approval by the division of a facility rehabilitation grant, new facility project grant or new facility operation agreement.

(b)Capital project or project means the facility acquisition or improvement that is financed by a facility rehabilitation grant, a new facility project grant or a new facility operation agreement.

(c)Division means the New York State Division for Youth.

(d)Eligible applicant means:

(1)a municipality;

(2)a not-for-profit corporation; or

(3)a municipality and a not-for-profit corporation applying jointly.

(e)Facility rehabilitation grant or rehabilitation grant means an award to a not-for-profit corporation or a municipality for the purpose of renovation, rehabilitation, repair, remodeling, or improvement of areas, buildings, structures or facilities intended for use as a youth center.

(f)General maintenance means cleaning, repair and maintenance of the physical plant and its heating, ventilation, air conditioning, plumbing, electrical systems, fire safety systems and repair and maintenance of all site improvements.

(g)Municipality means a county, city, town or village.

(h)New facility operation agreement or operation agreement means an award consisting of a contract between the state and a not-for-profit corporation or a municipality, for the purpose of maintenance and operation of areas, buildings, structures or facilities intended for use as a youth center and for which the State has provided financing of acquisition, demolition or construction under the provisions of title 3-A of article 19-G of the Executive Law and to which the State will hold title.

(i)New facility project grant means an award to a municipality or a municipality acting jointly with a not-for-profit corporation for the purpose of construction, demolition, or acquisition of areas, buildings, structures, or facilities intended to be owned by a municipality for use as a youth center.

(j)Not-for-profit corporation means a corporation as defined in subparagraph five of paragraph (a) of section 102 of the Not-for-Profit Corporation Law having tax exempt status pursuant to 26 U.S.C.A. 501(c)(3), which is engaged in one or more of the youth center program activities specified in title 3-A of article 19-G of the Executive Law.

(k)Program means the youth center facility program which promotes the health, safety or general welfare of the youth community and which advances the physical, mental and social well-being of such youth community.

(l)Project costs means the reasonable and necessary expenses incurred by or on behalf of the Commissioner of General Services for planning, demolition, acquisition, of land or buildings and construction of new buildings or rehabilitation, repair or remodeling of existing buildings to be used as a youth center. Such costs shall also include all or any portion of the cost necessary for the creation of a reserve fund required pursuant to section 527-h of the Executive Law.

(m)Request for proposal or RFP means a division solicitation for applications for awards to be granted pursuant to title 3-A of article 19-G of the Executive Law.

(n)Reserve fund means a fund which is at least five percent of the project costs which is established for each facility rehabilitation grant or each new facility operation agreement awarded to a not-for-profit corporation, which is to be applied only for purposes of making extraordinary repairs, other than ordinary maintenance and repair to either new facility project property or the areas, buildings, structures or facilities for which a facility rehabilitation grant was awarded. Any reserve fund amount funded from the proceeds of a Federal tax exempt bond may be invested only as permitted by the Urban Development Corporation.

(o)State means the State of New York.

(p)Youth center means any area, building, structure or facility owned or operated by a not-for-profit corporation or a municipality for use by the youth of this state which promotes the health, safety or general welfare of the youth community and which advances the physical, mental and social well-being of such youth community, including all necessary and attendant and related facilities and equipment.

9 NYCRR 165-3.4 - Requests for proposals

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)The division shall publish requests for proposals from eligible applicants for awards available pursuant to title 3-A of article 19-G of the Executive Law as funds for such awards are made available.

(b)Requests for proposals shall include, but shall not be limited to:

(1)a description of the purpose of the request for proposal;

(2)a specific explanation of application requirements;

(3)a statement of funding priorities determined by the division. Such priorities may include, but shall not be limited to, location of youth centers in areas where there is a commitment to lessen disparities in the level of responsibility borne by communities for the burdens imposed by facilities serving regional needs, with due regard for the acceptance of alternatives to secure placement; and

(4)an explanation of the decision process used by the division in making an award.

9 NYCRR 165-3.5 - Applicants

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)Not-for-profit corporations are eligible applicants for:

(1)facility rehabilitation grants for all or part of the cost of renovation, rehabilitation, repair, remodeling or improvement of areas, buildings, structures or facilities owned by an applicant not-for-profit corporation and intended to be operated by the applicant not-for-profit corporation as a youth center; and

(2)new facility operation agreements.

(b)Municipalities are eligible applicants for:

(1)facility rehabilitation grants for all or part of the cost of renovation, rehabilitation, repair, remodeling or improvement of areas, buildings, structures or facilities owned by a municipality and intended to be used by the municipality as a youth center;

(2)new facility project grants for all or part of the cost of construction, demolition, or acquisition of areas, buildings, structures or facilities to be owned by the municipality and operated by the municipality as a youth center;

(3)new facility project grants for all or part of the cost of construction, demolition, or acquisition of areas, buildings, structures or facilities owned by a municipality and operated by a not-for-profit corporation as a youth center. The not-for-profit corporation which shall operate the youth center shall apply jointly with the municipality for the facility project grant; and

(4)new facility operation agreements.

9 NYCRR 165-3.6 - Application process

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)Eligible applicants shall submit applications in the format prescribed by the division to a person and by a date set out in the request for proposal.

(b)This application shall include but shall not be limited to the following:

(1)a statement of the nature and the type of award for which application is made;

(2)the dollar value of the award requested;

(3)a description of the proposed or existing program to be operated from the facility which is the subject of the award;

(4)a proposed maintenance and operating budget, including a listing of start-up costs for the first full year of program operation after the completion of work financed pursuant to this Subpart, including identification of funds to be used for such expenses;

(5)if the applicant or joint applicant is a not-for-profit corporation, or if it is intended that a municipality or the division will contract with a not-for-profit corporation for the provision of services as pursuant to a facility operation agreement:

(i)evidence that the not-for-profit corporation is duly incorporated and currently in good standing;

(ii)a description of the organizational and managerial structure of the not-for-profit corporation;

(iii)the financial and organizational history of the not-for-profit corporation;

(iv)a description of the present finances of the not-for-profit corporation; and

(v)a description of the present and past services to youth provided by the not-for-profit corporation;

(6)a description of the capital project including:

(i)the address of the site;

(ii)whether the project consists of acquisition, rehabilitation, new construction or any combination of these;

(iii)the current ownership of the project site;

(iv)plans which provide accurate dimensions of the project as related to the entire project site;

(v)a proposed construction and occupancy schedule for completion of the project including time schedules for:

(a)commencement and completion of regulatory and review processes and approvals including procedures for land use; and

(b)commencement and completion of construction or rehabilitation, including the projected date when the facility will be available for utilization;

(vi)a description of the area in which the project is located; and

(vii)the existence of any liens, mortgages or other encumbrances relating to the project site;

(7)a description of the total financing of the project including all other sources of funding; and

(8)an itemized schedule of project costs described in section 165-3.3(1) of this Subpart, exclusive of reserve fund costs.

9 NYCRR 165-3.7 - Review of applications

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)The following standards shall be used by the division in its review of applications for awards:

(1)the financial feasibility of the project;

(2)the contractual responsibilities of the parties;

(3)whether the planned use of the facility conforms with the purposes of a youth center;

(4)the effect that the proposed youth center will have on the programs provided by the applicant;

(5)whether the proposed youth center facility program will provide intervention, diversion and delinquency prevention programs which deter youth crime and promote the health, safety or general welfare of the youth community; or advance the physical, mental and social well-being of the youth community; or render vital assistance and support to economically or socially disadvantaged youth;

(6)criteria relating to the financial and programmatic commitment of the applicant, including but not limited to:

(i)the applicant's history of providing services to youth; and

(ii)the ability of the applicant to support the maintenance and operation of the facility and its programs;

(7)the applicant's ability to comply with the terms of the request for proposal; and

(8)the completeness of the application.

9 NYCRR 165-3.8 - Grant of award

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)The division will evaluate and rank complete applications according to the criteria set out in section seven of this Subpart.

(b)State visits by State personnel including but not limited to staff of the Office of General Services will be made to verify project feasibility for applications ranked high enough to be considered for an award.

(c)At least 30 days prior to the approval of an application, the division shall notify the Temporary President of the Senate and the Speaker of the Assembly of its intent to make an award. This notification shall include:

(1)the name of the intended recipient of the award;

(2)the proposed location of the project;

(3)a brief description of the project; and

(4)the estimated project cost.

(d)Upon completion of review and at least 30 days after the notification provided in subdivision (c) of this section, the division shall approve or disapprove the application and notify the applicant of its decision.

(e)Awards will be granted contingent upon funds made available by appropriation from the youth centers facility fund, and upon the applicant's ability and commitment to enter into an agreement with the division and abide by all applicable statutory and procedural requirements.

9 NYCRR 165-3.9 - General agreement requirements

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)The division shall enter into an agreement with every applicant approved for an award.

(b)Each agreement shall, at a minimum, require that:

(1)the not-for-profit corporation or municipality shall operate the youth center which is the subject of the award in a manner consistent with the terms of its approved application, for a period of time specified by the division, which period shall not exceed 15 years for facility rehabilitation grants and 30 years for new facility project grants or new facility operation agreements;

(2)no agreement or amendment to an agreement shall be effective until approved by the New York State Comptroller, Attorney General and the director of the Division of the Budget;

(3)the Director of the Budget shall review and approve the facility program plan submitted by the Commissioner of General Services before any construction may begin on a capital project;

(4)the not-for-profit corporation or municipality shall be reviewed by the division, at least annually, for conformity to contractual provisions and to ascertain the financial condition of the youth center;

(5)the not-for-profit corporation or municipality shall be prohibited from:

(i)engaging in any activities promoting any political candidate or party; and

(ii)expending funds from any award received pursuant to title 3-A of article 19-G of the Executive Law or this Subpart for activities which are meant to influence legislation;

(6)the not-for-profit corporation or municipality shall not use any part of the award received pursuant to title 3-A of article 19-G of the Executive Law and this Subpart for the operating costs of a youth center program;

(7)the not-for-profit corporation or municipality shall be responsible for general maintenance of the youth center, as described in section 165-3.3(f) of this Subpart, regardless of whether the State holds title to the youth center;

(8)the not-for-profit corporation or municipality shall comply with the requirements of all applicable local laws, ordinances, codes, charters or regulations;

(9)the not-for-profit corporation or municipality shall comply with standard clauses contained in Appendix A and Appendix A Supplement which are a part of State contracts;

(10)the not-for-profit corporation or municipality shall execute such agreements and provide such information as the division may determine to be necessary to implement the provisions of title 3-A of article 19-G of the Executive Law; and

(11)the agreement shall be contingent upon the availability of funds to finance the capital project.

9 NYCRR 165-3.10 - Specific agreement requirements-facility rehabilitation grants

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)Where a not-for-profit corporation is the recipient of a facility rehabilitation grant the agreement shall also provide that:

(1)the not-for-profit corporation shall be required to repay project costs, other than costs necessary for the creation of a reserve fund, if the facility which is the subject of an award ceases to be used as a youth center during the period specified in the agreement and shall submit a plan to the division specifying a method for repayment of such project costs prior to approval of the agreement;

(2)the not-for-profit corporation which is the recipient of an award shall hold title to the facility which is the subject of the award and operate the program or programs as specified in its application; and

(3)the division shall be notified immediately of tax liens or planned financial or organizational restructuring of the not-for-profit corporation including but not limited to a change of name, merger or bankruptcy.

(b)Where the recipient of a facility rehabilitation grant is a municipality, the agreement shall provide that, in the event that the municipality discontinues use of the facility financed by the award as a youth center during the period specified in the agreement, the project costs shall become due and owing to the State and shall be payable from any amounts of State aid to which the municipality would be entitled.

9 NYCRR 165-3.11 - Specific agreement requirements-new facility project grants

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)Where a municipality, either singularly or acting jointly with a not-for-profit corporation is the recipient of a new facility project grant, the agreement shall also provide that:

(1)the municipality shall hold title to the youth center; and

(2)in the event that the municipality discontinues use of the facility financed by the award as a youth center during the period specified in the agreement, the project costs shall become due and owing to the state and shall be payable from any amounts of State aid to which the municipality would be entitled.

(b)Where a municipality acting jointly with a not-for-profit corporation is the recipient of a new facility project grant the agreement shall also provide that:

(1)the not-for-profit corporation which applied jointly with the municipality shall operate the youth center program or programs in the manner specified in the application; and

(2)the division shall be notified immediately of tax liens or planned financial or organizational restructuring of the not-for-profit corporation including but not limited to a change of name, merger or bankruptcy.

9 NYCRR 165-3.12 - Specific agreement requirements-new facility operation agreements

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)Where a not-for-profit corporation is the recipient of a new facility operation agreement, the agreement shall also provide that:

(1)the state shall hold title to the youth center;

(2)the state shall lease the youth center back to the not-for-profit corporation;

(3)the not-for-profit corporation shall operate the youth center program in lieu of payment of rent for a period of time to be determined by the division;

(4)the not-for-profit corporation which is the recipient of an award shall operate the youth center program or programs in the manner specified in its application; and

(5)the division shall be notified immediately on tax liens or planned financial or organizational restructuring of the not-for-profit corporation including but not limited to a change of name, merger or bankruptcy.

(b)Where there is a new facility operation agreement between the state and the municipality the agreement shall also provide that:

(1)the State shall hold title to the youth center;

(2)the State shall lease the youth center back to the municipality; and

(3)the municipality, or a not-for-profit corporation shall operate the youth center under contract to the municipality or the division in lieu of payment of rent for a period of time to be determined by the division.

(c)Where a municipality is the recipient of a new facility operation agreement and a not-for-profit corporation shall operate the youth center under contract to the municipality or the division, the municipality's or the division's agreement with the not-for-profit corporation shall also provide that:

(1)the not-for-profit corporation designated in the application shall operate the youth center program or programs in the manner specified in the application; and

9 NYCRR 165-3.13 - Reporting requirements

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

The municipality or not-for-profit corporation shall provide periodic progress and status reports during the period covered by the expenditure of the financing provided through an award or grant. These reports shall include a final report relating to the capital project, and ongoing reports relating to program operations subsequent to the completion of all capital projects. The nature and frequency of reporting shall be determined by the division and communicated to the applicant prior to the granting of an award.

9 NYCRR 165-3.14 - Monitoring

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

The division shall review the performance of recipients of awards pursuant to this Subpart annually for purposes of determining conformity with contractual provisions and the financial condition of the youth center as it relates to the provisions of this Subpart.

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