Subsidy Disbursements

(1) In order to make a payment as a Subsidy, a Department must have specific Legislative Authorization that mandates: (a) a direct, non-discretionary (earmarked) "payment" or "transfer" of a specified amount of State Funds to a specifically named recipient entity; or (b) directs payments to be made as "Subsidies" or as a "Subsidy program" to a specifically named group of recipients or class of recipients. (2) A Subsidy shall not include a Legislatively Authorized amount of funds to be expended for or on behalf of a specified entity that is designated to be made as a "Grant", "contract" or "for a program". Legislative Authorization that designates a specified amount of funds, or an amount "not to exceed" a specified amount, to be expended for or on behalf of designated entity, but does not clearly specify that the amount is to be made as a direct "payment" or a "transfer" shall be interpreted to be either a "Grant" or a "contract" that has been exempted from competitive procurement requirements. These expenditures shall be made in accordance with relevant applicable general and special laws and regulations for a Grant or contract. (3) The Department and Subsidy recipients must execute a Subsidy Agreement as prescribed by the Comptroller containing the amount of the Subsidy and the payment schedule for installments, consistent with cash flow and Allotment availability. (4) A Subsidy Agreement reserves the State's right to require the Subsidy recipient to report on how the funds were expended consistent with the public purpose of the Subsidy Legislative Authorization for audit purposes.