§ 97-w. Chemical dependence service fund. 1. There is hereby established in the custody of the state comptroller a special fund to be known as the chemical dependence service fund.

2. Such fund shall consist of all moneys appropriated for the purpose of such fund, all moneys transferred to such fund pursuant to law, contributions consisting of promises or grants of any money or property of any kind or value, or any other thing of value, including grants or other financial assistance from any agency of government and all moneys required by the provisions of this section or any other law to be paid into or credited to this fund.

3. Moneys of the fund, when allocated, shall be available to the commissioner of the office of alcoholism and substance abuse services and shall be used to provide support for (a) funded agencies approved by the New York state office of alcoholism and substance abuse services, (b) local school-based and community programs which provide chemical dependence prevention and education services, and (c) law enforcement assisted diversion of individuals with substance use disorders. Consideration shall be given to innovative approaches to providing chemical dependence services.

4. Notwithstanding the provisions of any general or special law, no moneys shall be available from such chemical dependence service fund until a certificate of allocation and a schedule of amounts to be available therefor shall have been issued by the director of the budget, upon the recommendation of the commissioner of the office of alcoholism and substance abuse services, and a copy of such certificate filed with the comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Such certificate may be amended from time to time by the director of the budget, upon the recommendation of the commissioner of the office of alcoholism and substance abuse services, and a copy of such amendment shall be filed with the comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

5. The moneys when allocated, shall be paid out of the fund on the audit and warrant of the comptroller on vouchers certified or approved by the commissioner of the office of alcoholism and substance abuse services, or by an officer or employee of the office of alcoholism and substance abuse services designated by the commissioner.

6. The commissioner of the office of alcoholism and substance abuse services shall promulgate rules and regulations pertaining to the allocation of moneys from this fund.