STATE OF NEW YORK
        ________________________________________________________________________

                                          6440

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 10, 2023
                                       ___________

        Introduced by M. of A. WEINSTEIN -- (at request of the Governor) -- read
          once and referred to the Committee on Ways and Means

        AN  ACT making appropriations for the support of government and to amend
          chapter 121 of the laws of 2023 relating to making appropriations  for
          the  support of government, in relation thereto, and providing for the
          repeal of such provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative  intent.  The  legislature  hereby  finds and
     2  declares that the enactment of these appropriations provides  sufficient
     3  authority  to the comptroller for the purpose of making payments for the
     4  purposes described herein until such time as appropriation bills submit-
     5  ted by the governor pursuant to article VII of  the  state  constitution
     6  for  the support of government for the state fiscal year beginning April
     7  1, 2023 are enacted.
     8    § 2.  Section 2 of chapter 121 of the laws of 2023, relating to making
     9  appropriations for the support of government,  is  amended  to  read  as
    10  follows:
    11    §  2.    The  amounts specified in this section, or so much thereof as
    12  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    13  appropriated  and  authorized to be paid as hereinafter provided, to the
    14  public officers and for the purpose specified,  which  amount  shall  be
    15  available for the state fiscal year beginning April 1, 2023.

    16                     ALL STATE DEPARTMENTS AND AGENCIES

    17  For  the  purpose  of  making  payments  for
    18    personal  service,  including  liabilities
    19    incurred  prior  to  April 1, 2023, on the
    20    payrolls scheduled to be paid  during  the
    21    period April 1 through April [10] 17, 2023

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12006-01-3

        A. 6440                             2

     1    to  state  officers  and  employees of the
     2    executive branch, including the  governor,
     3    lieutenant   governor,   comptroller,  and
     4    attorney  general, and to employees of the
     5    legislature.   This   appropriation   also
     6    includes  funding  for  payment  of health
     7    care and mental hygiene bonuses to  eligi-
     8    ble  state  employees,  and  payments  for
     9    services  performed  by  mentally  ill  or
    10    developmentally  disabled  persons who are
    11    employed in state-operated special employ-
    12    ment, work-for-pay or  sheltered  workshop
    13    programs .................... [215,500,000]  458,000,000
    14                                --------------

    15    §  3. Section 3 of chapter 121 of the laws of 2023, relating to making
    16  appropriations for the support of government,  is  amended  to  read  as
    17  follows:
    18    § 3. The amount specified in this section, or so much thereof as shall
    19  be  sufficient to accomplish the purpose designated, is hereby appropri-
    20  ated and authorized to be paid as hereinafter provided,  to  the  public
    21  officers  and for the purpose specified, which amount shall be available
    22  for the state fiscal year beginning April 1, 2023.

    23                     ALL STATE DEPARTMENTS AND AGENCIES

    24  For the  payment  of  state  operations  non
    25    personal service liabilities to the execu-
    26    tive  branch,  including  the comptroller,
    27    and the attorney general, and legislature,
    28    incurred in the ordinary course  of  busi-
    29    ness,  during  the  period April 1 through
    30    April [10] 17, 2023, pursuant to  existing
    31    state  law  and for purposes for which the
    32    legislature authorized the expenditure  of
    33    moneys  during  the 2022-2023 state fiscal
    34    year;  provided,  however,  that   nothing
    35    contained  herein shall be deemed to limit
    36    or restrict  the  power  or  authority  of
    37    state  departments  or agencies to conduct
    38    their activities or operations in  accord-
    39    ance   with   existing  law,  and  further
    40    provided  that  nothing  contained  herein
    41    shall  be  deemed to supersede, nullify or
    42    modify the provisions of section 40 of the
    43    state finance law prescribing when  appro-
    44    priations  made  for  the  2022-2023 state
    45    fiscal year  shall  have  ceased  to  have
    46    force and effect ............. [13,300,000]   22,000,000
    47                                --------------

    48    §  4. Section 4 of chapter 121 of the laws of 2023, relating to making
    49  appropriations for the support of government,  is  amended  to  read  as
    50  follows:
    51    §  4.  The  amounts  specified  in this section, or so much thereof as
    52  shall be sufficient to accomplish the  purposes  designated,  is  hereby

        A. 6440                             3

     1  appropriated  and  authorized to be paid as hereinafter provided, to the
     2  public officers and for the purposes specified, which  amount  shall  be
     3  available for the state fiscal year beginning April 1, 2023.

     4                     ALL STATE DEPARTMENTS AND AGENCIES

     5  The  sum  of  [twelve  million eight hundred
     6    sixty  thousand   dollars   ($12,860,000)]
     7    thirty  million  dollars ($30,000,000), or
     8    so much thereof as shall be sufficient  to
     9    accomplish   the  purpose  designated,  is
    10    hereby  appropriated  for  contracts   and
    11    grants approved for purposes for which the
    12    legislature authorized the expenditures of
    13    money during the 2022-2023 fiscal year. An
    14    amount up to [twelve million eight hundred
    15    sixty   thousand   dollars  ($12,860,000)]
    16    thirty million dollars ($30,000,000) shall
    17    be available for the  payment  of  capital
    18    projects  liabilities  incurred during the
    19    period from April 1 through April [10] 17,
    20    2023 for  contracts  and  grants  approved
    21    prior to April 1, 2023, provided, however,
    22    that  nothing  contained  herein  shall be
    23    deemed to limit or restrict the  power  or
    24    authority of state departments or agencies
    25    to  conduct their activities or operations
    26    in  accordance  with  existing  law,   and
    27    further  provided  that  nothing contained
    28    herein  shall  be  deemed  to   supersede,
    29    nullify,   or  modify  the  provisions  of
    30    section  40  of  the  state  finance   law
    31    prescribing  when  appropriations made for
    32    the  2022-2023  fiscal  year  shall   have
    33    ceased to have force and effect ..........
    34    .............................. [12,860,000]   30,000,000
    35                                --------------

    36    §  5. Section 5 of chapter 121 of the laws of 2023, relating to making
    37  appropriations for the support of government,  is  amended  to  read  as
    38  follows:
    39    § 5. The several amounts specified in this section, or so much thereof
    40  as shall be sufficient to accomplish the purposes designated, are hereby
    41  appropriated  and  authorized to be paid as hereinafter provided, to the
    42  respective public officers and for the several purposes specified, which
    43  amounts shall be available for the state fiscal year beginning April  1,
    44  2023.

    45                     ALL STATE DEPARTMENTS AND AGENCIES

    46  The  sum  of  [two million one hundred forty
    47    thousand   dollars   ($2,140,000)]    five
    48    million  dollars  ($5,000,000), or so much
    49    thereof as shall be sufficient  to  accom-
    50    plish  the  purpose  designated, is hereby
    51    appropriated  for  contracts  and   grants

        A. 6440                             4

     1    approved for which the legislature author-
     2    ized  the expenditures of money during the
     3    2022-2023 fiscal year.  An  amount  up  to
     4    [two  million  one  hundred forty thousand
     5    dollars ($2,140,000)] five million dollars
     6    ($5,000,000) shall be  available  for  the
     7    payment  of  capital  projects liabilities
     8    incurred during the period  from  April  1
     9    through  April [10] 17, 2023 for contracts
    10    and grants approved after April  1,  2023,
    11    provided,  however, that nothing contained
    12    herein  shall  be  deemed  to   limit   or
    13    restrict  the  power or authority of state
    14    departments or agencies to  conduct  their
    15    activities  or  operations  in  accordance
    16    with existing law,  and  further  provided
    17    that  nothing  contained  herein  shall be
    18    deemed to supersede,  nullify,  or  modify
    19    the  provisions of section 40 of the state
    20    finance  law  prescribing  when  appropri-
    21    ations  made for the 2022-2023 fiscal year
    22    shall have ceased to have force and effect
    23    ............................... [2,140,000]    5,000,000
    24                                --------------

    25    § 6. Section 6 of chapter 121 of the laws of 2023, relating to  making
    26  appropriations  for  the  support  of  government, is amended to read as
    27  follows:
    28    § 6. The amounts specified in this section,  or  so  much  thereof  as
    29  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    30  appropriated and authorized to be paid as hereinafter provided,  to  the
    31  public  officers  and  for the purposes specified, which amount shall be
    32  available for the state fiscal year beginning April 1, 2023.

    33             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES

    34                            GENERAL STATE CHARGES

    35                              STATE OPERATIONS
    36  GENERAL STATE CHARGES .......................  [43,330,000]  524,660,000
    37                                              --------------

    38    General Fund
    39    State Purposes Account - 10050

    40  For employee fringe  benefits  according  to
    41    the  following  project schedule including
    42    those  benefits  which  are   related   to
    43    employees  paid  from  funds, accounts, or
    44    programs where the division of the  budget
    45    has issued waivers ........... [42,230,000]  522,460,000

    46                Project Schedule
    47  PROJECT                               AMOUNT
    48  --------------------------------------------
    49  For  the  state's contribution

        A. 6440                             5

     1    to   the   social   security
     2    contribution fund ............. 42,000,000
     3  For   the   state's  share  of
     4    contributions to the  volun-
     5    tary   defined  contribution
     6    plan  made  on   behalf   of
     7    eligible  employees pursuant
     8    to chapter 18 of the laws of
     9    2012 who  elect  to  partic-
    10    ipate  in  such plan and who
    11    are not  otherwise  eligible
    12    to   participate in the SUNY
    13    optional retirement  program
    14    ................... [230,000]      460,000
    15  For the  state's  contribution
    16    to the health insurance fund
    17    and deposit into the retiree
    18    health  benefit  trust  fund
    19    pursuant to section 99-aa of
    20    the state finance  law.  The
    21    state's  share of the health
    22    insurance program  dividends
    23    shall  be  available  to pay
    24    for the premiums in 2023-24 .. 400,000,000
    25  For  payments  to  the   state
    26    insurance  fund for workers'
    27    compensation  benefits   and
    28    other    related    workers'
    29    compensation costs prior  to
    30    or    after    they   become
    31    incurred including  but  not
    32    limited   to   the  benefits
    33    defined in chapters 302  and
    34    303 of the laws of 1985 ....... 45,000,000
    35  For  the  state's contribution
    36    to  employee  benefit   fund
    37    programs ...................... 35,000,000
    38                                --------------
    39      Project schedule total ...
    40        ............ [42,230,000]  522,460,000
    41                  --------------

    42  For the payment of the metropolitan commuter
    43    transportation  mobility  tax  pursuant to
    44    article 23 of the  tax  law  as  added  by
    45    chapter  25  of the laws of 2009 on behalf
    46    of the state  employees  employed  in  the
    47    metropolitan    commuter    transportation
    48    district ...................... [1,100,000]    2,200,000
    49                                --------------

    50    § 7. Section 7 of chapter 121 of the laws of 2023, relating to  making
    51  appropriations  for  the  support  of  government, is amended to read as
    52  follows:
    53    § 7. The amounts specified in this section,  or  so  much  thereof  as
    54  shall  be  sufficient  to  accomplish the purposes designated, is hereby

        A. 6440                             6

     1  appropriated and authorized to be paid as hereinafter provided,  to  the
     2  public  officers  and  for the purposes specified, which amount shall be
     3  available for the state fiscal year beginning April 1, 2023.

     4                                  JUDICIARY

     5  For  the  purpose  of  making  payments  for
     6    personal  service,  including  liabilities
     7    incurred  prior  to  April 1, 2023, on the
     8    payrolls scheduled to be paid  during  the
     9    period  April  1 through April 17, 2023 to
    10    officers and employees of the judiciary ..... 65,000,000
    11  For the payment of state operations  nonper-
    12    sonal  service  liabilities,  the  sum  of
    13    [thirty-three million  three  hundred  and
    14    thirty   thousand  dollars  ($33,330,000)]
    15    fifty million dollars ($50,000,000), or so
    16    much thereof as  shall  be  sufficient  to
    17    accomplish   the  purpose  designated,  is
    18    hereby appropriated to the  judiciary  out
    19    of any moneys in the general fund or other
    20    funds  to the credit of the state purposes
    21    account not  otherwise  appropriated.  The
    22    comptroller   is   hereby  authorized  and
    23    directed to utilize this appropriation for
    24    the purpose of making  payments  for  non-
    25    personal  service  liabilities incurred by
    26    the judiciary from April 1  through  April
    27    [10] 17, 2023 ................ [33,330,000]   50,000,000
    28  For the payment of aid to localities liabil-
    29    ities,  the  sum  of [ten] fifteen million
    30    dollars [($10,000,000)] ($15,000,000),  or
    31    so  much thereof as shall be sufficient to
    32    accomplish  the  purpose  designated,   is
    33    hereby  appropriated  to the judiciary out
    34    of any moneys in the general fund or other
    35    funds to the credit of the state  purposes
    36    account  not  otherwise  appropriated. The
    37    comptroller  is  hereby   authorized   and
    38    directed to utilize this appropriation for
    39    the  purpose of making payments for aid to
    40    localities  liabilities  incurred  by  the
    41    judiciary  from April 1 through April [10]
    42    17, 2023 ..................... [10,000,000]   15,000,000
    43  For the payment of employee  fringe  benefit
    44    programs  including,  but  not limited to,
    45    the  judiciary's  contributions   to   the
    46    health   insurance  fund,  the  employees'
    47    retirement  system  pension   accumulation
    48    fund,  the  social  security  contribution
    49    fund, employee benefit fund programs,  the
    50    dental  insurance  plan,  the  vision care
    51    plan, the unemployment insurance fund, and
    52    for workers'  compensation  benefits,  the
    53    sum   of   seventy-five   million  dollars
    54    ($75,000,000), or so much thereof as shall

        A. 6440                             7

     1    be sufficient to  accomplish  the  purpose
     2    designated,  is hereby appropriated to the
     3    judiciary out of any moneys in the general
     4    fund  or  other funds to the credit of the
     5    state  purposes  account   not   otherwise
     6    appropriated.  The  comptroller  is hereby
     7    authorized and directed  to  utilize  this
     8    appropriation  for  the  purpose of making
     9    payments  for  employee   fringe   benefit
    10    liabilities incurred by the judiciary from
    11    April 1 through April 10, 2023 .............. 75,000,000

    12    § 8. The amount specified in this section, or so much thereof as shall
    13  be  sufficient to accomplish the purpose designated, is hereby appropri-
    14  ated and authorized to be paid as hereinafter provided,  to  the  public
    15  officers  and for the purpose specified, which amount shall be available
    16  for the state fiscal year beginning April 1, 2023.

    17                       DEPARTMENT OF FAMILY ASSISTANCE
    18                OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

    19                              AID TO LOCALITIES

    20  EMPLOYMENT AND INCOME SUPPORT PROGRAM ...................... 235,416,000
    21                                                            --------------

    22    General Fund
    23    Local Assistance Account - 10000

    24  For state reimbursement of  the  safety  net
    25    assistance program as established pursuant
    26    to  chapter  436  of  the  laws  of  1997.
    27    Notwithstanding section 153 of the  social
    28    services  law  or  any  other inconsistent
    29    provision of law, funds appropriated here-
    30    in shall reimburse 29  percent  of  safety
    31    net assistance expenditures, including the
    32    cost  of providing shelter supplements for
    33    safety net assistance households at  local
    34    option,   including   eligible  households
    35    containing a household member who has been
    36    released from prison, in order to  prevent
    37    eviction   and   address  homelessness  in
    38    accordance with social  services  district
    39    plans  approved by the office of temporary
    40    and disability assistance and the director
    41    of the budget, provided, however, that  in
    42    social  services  districts  with  a popu-
    43    lation  over  five  million   no   shelter
    44    supplements  other  than  those to prevent
    45    eviction shall be reimbursed, and  further
    46    provided  that  such supplements shall not
    47    be part of the standard of  need  pursuant
    48    to  section  131-a  of the social services
    49    law. Funds appropriated herein shall  also
    50    reimburse 29 percent of safety net assist-

        A. 6440                             8

     1    ance   expenditures,  in  social  services
     2    districts  with  a  population  over  five
     3    million,  for emergency shelter, transpor-
     4    tation,  or  nutrition  payments which the
     5    district  determines  are   necessary   to
     6    establish  or  maintain independent living
     7    arrangements  among  persons  living  with
     8    medically   diagnosed   HIV  infection  as
     9    defined by the AIDS institute of the state
    10    department of health and who are  homeless
    11    or  facing  homelessness  and  for whom no
    12    viable  and  less  costly  alternative  to
    13    housing  is  available; provided, however,
    14    that funds appropriated herein may only be
    15    used for such purposes if the cost of such
    16    allowances are not eligible for reimburse-
    17    ment under  medical  assistance  or  other
    18    programs.  Funds appropriated herein shall
    19    reimburse 29 percent of safety net assist-
    20    ance  expenditures,  in  social   services
    21    districts   with   a  population  of  five
    22    million or fewer,  for  emergency  shelter
    23    payments  promulgated  by  the  office  of
    24    temporary and disability assistance  which
    25    the  district  determines are necessary to
    26    establish or maintain  independent  living
    27    arrangements  among  persons  living  with
    28    medically  diagnosed  HIV   infection   as
    29    defined by the AIDS institute of the state
    30    department  of health and who are homeless
    31    or facing homelessness  and  for  whom  no
    32    viable  and  less  costly  alternative  to
    33    housing is available;  provided,  however,
    34    that funds appropriated herein may only be
    35    used for such purposes if the cost of such
    36    allowances are not eligible for reimburse-
    37    ment  under  medical  assistance  or other
    38    programs. Funds appropriated herein  shall
    39    reimburse 29 percent of safety net assist-
    40    ance   expenditures,  in  social  services
    41    districts  with  a  population   of   five
    42    million  or  fewer,  for emergency shelter
    43    payments in excess of those promulgated by
    44    the office  of  temporary  and  disability
    45    assistance  but  not  exceeding  an amount
    46    reasonably approximate to 100  percent  of
    47    fair  market  rent,  at local option which
    48    the district determines are  necessary  to
    49    establish  or  maintain independent living
    50    arrangements  among  persons  living  with
    51    medically   diagnosed   HIV  infection  as
    52    defined by the AIDS institute of the State
    53    department of health and who are  homeless
    54    or  facing  homelessness  and  for whom no
    55    viable  and  less  costly  alternative  to
    56    housing  is  available; provided, however,

        A. 6440                             9

     1    that funds appropriated herein may only be
     2    used for such purposes if the cost of such
     3    allowances are not eligible for reimburse-
     4    ment  under  medical  assistance  or other
     5    programs. Such emergency shelter  payments
     6    shall  only be made at local option and in
     7    accordance with a  plan  approved  by  the
     8    office of temporary and disability assist-
     9    ance  and  the  director  of  the  budget.
    10    Provided, however, notwithstanding section
    11    153 of the  social  services  law  or  any
    12    other  inconsistent  provision  of law, if
    13    necessary funding, as  determined  by  the
    14    director  of  the  budget, is secured in a
    15    social services district from the  medical
    16    assistance program by reducing the capita-
    17    tion  rates  paid to medicaid managed care
    18    organizations by  the  amount  of  savings
    19    resulting  from stably housing individuals
    20    living  with   medically   diagnosed   HIV
    21    infection as defined by the AIDS institute
    22    of  the  state  department  of health, the
    23    social services district shall  make  such
    24    emergency  shelter  payments  in excess of
    25    those promulgated by the office of  tempo-
    26    rary  and  disability  assistance  but not
    27    exceeding an amount reasonably approximate
    28    to 100 percent of fair  market  rent,  and
    29    the savings shall be used to reimburse 100
    30    percent  of  the cost of such excess emer-
    31    gency shelter  payments  for  cases  reim-
    32    bursed  under the safety net assistance or
    33    family  assistance  programs   in   social
    34    services  districts  with  a population of
    35    five million or fewer, in accordance  with
    36    a plan approved by the office of temporary
    37    and disability assistance and the director
    38    of   the  budget;  provided  further  that
    39    reimbursement shall be provided  to  medi-
    40    caid  managed  care  organizations through
    41    adjustments  to  capitation  rates  should
    42    actual  gross  savings  not be realized as
    43    determined by the director of the  budget.
    44    For  persons  living  with medically diag-
    45    nosed HIV infection as defined by the AIDS
    46    institute  of  the  state  department   of
    47    health  living in social service districts
    48    with a population over  five  million  who
    49    are  receiving  public  assistance,  funds
    50    appropriated herein shall be used to reim-
    51    burse 29 percent of the additional  rental
    52    costs  determined  based  on limiting such
    53    person's  earned  and/or  unearned  income
    54    contribution  to  30  percent. For persons
    55    living  with   medically   diagnosed   HIV
    56    infection as defined by the AIDS institute

        A. 6440                            10

     1    of  the  state department of health living
     2    in social services districts with a  popu-
     3    lation  of  five  million or fewer who are
     4    receiving  public assistance, funds appro-
     5    priated herein may be used to reimburse up
     6    to 100 percent of  the  additional  rental
     7    costs  determined  based  on limiting such
     8    person's  earned  and/or  unearned  income
     9    contribution  to 30 percent. Such payments
    10    of additional rental costs shall  only  be
    11    made  at  local  option  and in accordance
    12    with a plan  approved  by  the  office  of
    13    temporary  and  disability  assistance and
    14    the  director  of  the  budget.  Provided,
    15    however,  notwithstanding  section  153 of
    16    the  social  services  law  or  any  other
    17    inconsistent  provision  of law, if neces-
    18    sary funding, as determined by the  direc-
    19    tor  of the budget, is secured in a social
    20    services district from the medical assist-
    21    ance program by  reducing  the  capitation
    22    rates paid to medicaid managed care organ-
    23    izations  by the amount of savings result-
    24    ing from stably housing individuals living
    25    with medically diagnosed HIV infection  as
    26    defined by the AIDS institute of the state
    27    department  of health, the social services
    28    district shall make such payments of addi-
    29    tional rental costs, for cases  reimbursed
    30    under the safety net assistance and family
    31    assistance  program, and the savings shall
    32    be used to reimburse 100  percent  of  the
    33    cost of the additional rental costs deter-
    34    mined  based  on  limiting  such  person's
    35    earned and/or unearned income contribution
    36    to 30 percent in social services districts
    37    with  a  population  of  five  million  or
    38    fewer,  in accordance with a plan approved
    39    by the director  of  the  budget.  Amounts
    40    appropriated  herein  may be used to enter
    41    into contracts with  persons  or  entities
    42    authorized  pursuant to subdivision (i) of
    43    section 17  of  the  social  services  law
    44    consistent  with  federal law and require-
    45    ments. Such contracts will  be  consistent
    46    with  subdivision (i) of section 17 of the
    47    social   services   law.   Notwithstanding
    48    section  153 of the social services law or
    49    any other inconsistent provision  of  law,
    50    the office may reduce reimbursement other-
    51    wise  payable to social services districts
    52    to recover 29 percent of costs incurred by
    53    the office  for  expenditures  related  to
    54    subdivision  (i)  of  section  17  of  the
    55    social services law. Such funds are to  be
    56    available  for  payment  of aid heretofore

        A. 6440                            11

     1    accrued or hereafter to accrue to  munici-
     2    palities.  Subject  to the approval of the
     3    director of the budget, such  funds  shall
     4    be  available  to  the office of temporary
     5    and disability assistance net of disallow-
     6    ances, refunds, reimbursements, and  cred-
     7    its, including those related to title IV-E
     8    of the social security act; and including,
     9    but  not  limited  to,  additional federal
    10    funds resulting from any changes in feder-
    11    al cost allocation methodologies. Notwith-
    12    standing  any  inconsistent  provision  of
    13    law, the amount herein appropriated may be
    14    increased or decreased by interchange with
    15    any  other appropriation within the office
    16    of  temporary  and  disability  assistance
    17    general  fund  -  local assistance account
    18    with the approval of the director  of  the
    19    budget,  who shall file such approval with
    20    the department of audit  and  control  and
    21    copies  thereof  with  the chairman of the
    22    senate finance committee and the  chairman
    23    of  the assembly ways and means committee.
    24    Social   services   districts   shall   be
    25    required to report to the office of tempo-
    26    rary and disability assistance on an annu-
    27    al  basis,  information, as determined and
    28    requested  by  the  office,   related   to
    29    services   and   expenditures   for  which
    30    reimbursement  is  sought  for   providing
    31    temporary  housing  assistance to homeless
    32    individuals and families. Such information
    33    shall be submitted electronically  to  the
    34    extent   feasible  as  determined  by  the
    35    office, and  shall  be  used  to  evaluate
    36    expenditures   by   such  social  services
    37    districts for the provision  of  temporary
    38    housing  assistance  for homeless individ-
    39    uals and families. Notwithstanding section
    40    153 of the social  services  law,  or  any
    41    other  inconsistent  provision of law, the
    42    office of temporary and disability assist-
    43    ance may withhold or  deny  reimbursement,
    44    in   whole  or  in  part,  to  any  social
    45    services district that fails to develop or
    46    submit a homeless services plan subject to
    47    the approval of the  office  of  temporary
    48    and   disability   assistance,   fails  to
    49    provide homeless services and outreach  in
    50    accordance   with  its  approved  homeless
    51    services plan,  or  fails  to  develop  or
    52    submit  homeless services outcome reports,
    53    consistent with those requirements promul-
    54    gated by the office of temporary and disa-
    55    bility assistance. Notwithstanding section
    56    153 of the social  services  law,  or  any

        A. 6440                            12

     1    other  inconsistent provision of law, such
     2    appropriation  shall  be   available   for
     3    reimbursement  of  eligible costs incurred
     4    on  or  after  January  1, 2023 and before
     5    January 1, 2024, that are otherwise  reim-
     6    bursable by the state on or after April 1,
     7    2023,  that  are claimed by March 1, 2024.
     8    Such reimbursement shall constitute  total
     9    state  reimbursement for activities funded
    10    herein  in  state  fiscal   year   2023-24
    11    (52203) ..................................... 52,083,000
    12  For   expenditures   for   additional  state
    13    payments for  eligible  aged,  blind,  and
    14    disabled  persons  related to supplemental
    15    security income and for expenditures  made
    16    pursuant  to  title  8 of article 5 of the
    17    social services law. Such funds are avail-
    18    able for payment of aid heretofore accrued
    19    or hereafter to accrue.    Notwithstanding
    20    any  inconsistent  provision  of  law, the
    21    amount   herein   appropriated   may    be
    22    increased or decreased by interchange with
    23    any  other appropriation within the office
    24    of  temporary  and  disability  assistance
    25    general  fund  -  local assistance account
    26    with the approval of the director  of  the
    27    budget,  who shall file such approval with
    28    the department of audit  and  control  and
    29    copies  thereof  with  the chairman of the
    30    senate finance committee and the  chairman
    31    of  the  assembly ways and means committee
    32    (52311) ..................................... 58,333,000

    33    Special Revenue Funds - Federal
    34    Federal Health and Human Services Fund
    35    Temporary Assistance for Needy Families Account - 25178

    36  For reimbursement of the cost of the  family
    37    assistance and the emergency assistance to
    38    families programs. Notwithstanding section
    39    153  of  the  social  services  law or any
    40    inconsistent  provision  of   law,   funds
    41    appropriated   herein  shall  be  provided
    42    without  state  or   local   participation
    43    except  that for social services districts
    44    with a population of five million or more,
    45    reimbursement will be eighty-five percent.
    46    Funds  appropriated  herein   shall   also
    47    include  the  cost  of  providing  shelter
    48    supplements for family  assistance  house-
    49    holds  at local option, including eligible
    50    households containing a  household  member
    51    who  has  been  released  from  prison, in
    52    order  to  prevent  eviction  and  address
    53    homelessness  in  accordance  with  social
    54    services district plans  approved  by  the

        A. 6440                            13

     1    office of temporary and disability assist-
     2    ance  and  the  director  of  the  budget,
     3    provided, however, that in social services
     4    districts  with  a  population  over  five
     5    million no shelter supplements other  than
     6    those  to  prevent eviction shall be reim-
     7    bursed, and  further  provided  that  such
     8    supplements shall not be part of the stan-
     9    dard  of need pursuant to section 131-a of
    10    the social services law.  Funds  appropri-
    11    ated herein shall also reimburse for fami-
    12    ly  assistance  expenditures for emergency
    13    shelter,  transportation,   or   nutrition
    14    payments which the district determines are
    15    necessary  to  establish or maintain inde-
    16    pendent living arrangements among  persons
    17    living   with   medically   diagnosed  HIV
    18    infection as defined by the AIDS institute
    19    of the State department of health and  who
    20    are  homeless  or  facing homelessness and
    21    for whom no viable and less costly  alter-
    22    native  to housing is available; provided,
    23    however, that  funds  appropriated  herein
    24    may  only be used for such purposes if the
    25    cost of such allowances are  not  eligible
    26    for reimbursement under medical assistance
    27    or other programs. For persons living with
    28    medically   diagnosed   HIV  infection  as
    29    defined by the AIDS institute of the state
    30    department of  health  who  are  receiving
    31    public assistance funds appropriated here-
    32    in  shall  not  be  used  to reimburse the
    33    additional rental costs  determined  based
    34    on  limiting  such  person's earned and/or
    35    unearned   income   contribution   to   30
    36    percent.  Amounts  appropriated herein may
    37    be  used  to  enter  into  contracts  with
    38    persons or entities authorized pursuant to
    39    subdivision  (i)  of  section  17  of  the
    40    social services law consistent with feder-
    41    al law and  requirements.  Such  contracts
    42    will  be  made consistent with subdivision
    43    (i) of section 17 of the  social  services
    44    law.  Notwithstanding  section  153 of the
    45    social services law or  any  other  incon-
    46    sistent  provision  of law, the office may
    47    reduce reimbursement otherwise payable  to
    48    social  services  districts to recover the
    49    federal share of  costs  incurred  by  the
    50    office  for expenditures related to subdi-
    51    vision (i) of section  17  of  the  social
    52    services law.  Such funds are to be avail-
    53    able for payment of aid heretofore accrued
    54    or  hereafter to accrue to municipalities.
    55    Subject to the approval of the director of
    56    the budget, such funds shall be  available

        A. 6440                            14

     1    to  the office of temporary and disability
     2    assistance net of disallowances,  refunds,
     3    reimbursements, and credits including, but
     4    not  limited  to, additional federal funds
     5    resulting from any changes in federal cost
     6    allocation methodologies.  Notwithstanding
     7    any  inconsistent  provision  of  law, the
     8    amount   herein   appropriated   may    be
     9    increased or decreased by interchange with
    10    any  other appropriation within the office
    11    of  temporary  and  disability  assistance
    12    federal  fund  -  local assistance account
    13    with the approval of the director  of  the
    14    budget,  who shall file such approval with
    15    the department of audit  and  control  and
    16    copies  thereof  with  the chairman of the
    17    senate finance committee and the  chairman
    18    of  the assembly ways and means committee.
    19    Social   services   districts   shall   be
    20    required to report to the office of tempo-
    21    rary and disability assistance on an annu-
    22    al  basis,  information, as determined and
    23    requested  by  the  office,   related   to
    24    services   and   expenditures   for  which
    25    reimbursement  is  sought  for   providing
    26    temporary  housing  assistance to homeless
    27    individuals and families. Such information
    28    shall be submitted electronically  to  the
    29    extent   feasible  as  determined  by  the
    30    office, and  shall  be  used  to  evaluate
    31    expenditures   by   such  social  services
    32    districts for the provision  of  temporary
    33    housing  assistance  for homeless individ-
    34    uals and families. Notwithstanding section
    35    153 of the social  services  law,  or  any
    36    other  inconsistent  provision of law, the
    37    office of temporary and disability assist-
    38    ance may withhold or  deny  reimbursement,
    39    in   whole  or  in  part,  to  any  social
    40    services district that fails to develop or
    41    submit a homeless services plan subject to
    42    the approval of the  office  of  temporary
    43    and   disability   assistance,   fails  to
    44    provide homeless services and outreach  in
    45    accordance   with  its  approved  homeless
    46    services plan,  or  fails  to  develop  or
    47    submit  homeless services outcome reports,
    48    consistent with those requirements promul-
    49    gated by the office of temporary and disa-
    50    bility assistance. Notwithstanding section
    51    153 of the social  services  law,  or  any
    52    other  inconsistent provision of law, such
    53    appropriation  shall  be   available   for
    54    reimbursement  of  eligible costs incurred
    55    on or after January  1,  2023  and  before
    56    January  1, 2024, that are otherwise reim-

        A. 6440                            15

     1    bursable by the state on or after April 1,
     2    2023, that are claimed by March  1,  2024.
     3    Such  reimbursement shall constitute total
     4    federal reimbursement for activities fund-
     5    ed  herein  in  state  fiscal year 2023-24
     6    (52203) .................................... 125,000,000

     7    § 9. Section 8 of chapter 121 of the laws of 2023, relating to  making
     8  appropriations  for  the  support  of  government, is amended to read as
     9  follows:
    10    § 8. The amounts specified in this section,  or  so  much  thereof  as
    11  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    12  appropriated and authorized to be paid as hereinafter provided,  to  the
    13  public  officers  and  for the purposes specified, which amount shall be
    14  available for the state fiscal year beginning April 1, 2023.

    15                            DEPARTMENT OF HEALTH

    16                              AID TO LOCALITIES

    17  CENTER FOR COMMUNITY HEALTH PROGRAM .......... [13,867,000]   19,200,000
    18                                              --------------

    19    General Fund
    20    Local Assistance Account - 10000

    21  For services and  expenses  related  to  the
    22    Indian  health  program. The moneys hereby
    23    appropriated  shall  be  for  payment   of
    24    financial assistance heretofore accrued or
    25    hereafter to accrue (26840) .................. 3,200,000
    26                                              --------------

    27    Special Revenue Funds - Federal
    28    Federal USDA-Food and Nutrition Services Fund
    29    Federal Food and Nutrition Services Account - 25022

    30  For  various  federal  food  and nutritional
    31    services. The moneys  hereby  appropriated
    32    shall  be  available for payment of finan-
    33    cial assistance heretofore accrued (26986)
    34    .............................. [10,667,000]   16,000,000
    35                                --------------

    36  MEDICAL ASSISTANCE PROGRAM ................................... 9,000,000
    37                                                            --------------

    38    General Fund
    39    Local Assistance Account - 10000

    40  For transfer to health research incorporated
    41    (HRI)  for  the   AIDS   drug   assistance
    42    program,  including payments to Ryan White
    43    centers (29880) .............................. 9,000,000

        A. 6440                            16

     1    § 10. The amounts specified in this section, or  so  much  thereof  as
     2  shall  be  sufficient  to  accomplish the purposes designated, is hereby
     3  appropriated and authorized to be paid as hereinafter provided,  to  the
     4  public  officers  and  for the purposes specified, which amount shall be
     5  available for the state fiscal year beginning April 1, 2023.

     6                             DEPARTMENT OF LABOR

     7                              AID TO LOCALITIES

     8  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 400,000,000
     9                                                            --------------

    10    Enterprise Funds
    11    Unemployment Insurance Benefit Fund
    12    Unemployment Insurance Benefit Account - 50650

    13  For  payment of unemployment insurance bene-
    14    fits pursuant to article 18 of  the  labor
    15    law   or  as  authorized  by  the  federal
    16    government through the disaster  unemploy-
    17    ment  assistance  program,  the  emergency
    18    unemployment  compensation  program,   the
    19    extended   benefit  program,  the  federal
    20    additional  compensation  program  or  any
    21    other  federally funded unemployment bene-
    22    fit program (34787) ........................ 400,000,000

    23    § 11. The amounts specified in this section, or  so  much  thereof  as
    24  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    25  appropriated and authorized to be paid as hereinafter provided,  to  the
    26  public  officers  and  for the purposes specified, which amount shall be
    27  available for the state fiscal year beginning April 1, 2023.

    28                        DEPARTMENT OF TRANSPORTATION

    29                              AID TO LOCALITIES

    30  DEDICATED MASS TRANSPORTATION TRUST FUND PROGRAM ............ 71,400,000
    31                                                            --------------

    32    Special Revenue Funds - Other
    33    Dedicated Mass Transportation Trust Fund
    34    Railroad Account - 20852

    35  To the metropolitan transportation authority
    36    for deposit in the metropolitan  transpor-
    37    tation  authority  dedicated  tax fund for
    38    the expenses of the New York city  transit
    39    authority, the Manhattan and Bronx surface
    40    transit   operating   authority,  and  the
    41    Staten  Island  rapid  transit   operating
    42    authority,   the  Long  Island  rail  road
    43    company and the Metro-North commuter rail-
    44    road company which includes the  New  York

        A. 6440                            17

     1    state  portion of the Harlem, Hudson, Port
     2    Jervis, Pascack, and the New Haven  commu-
     3    ter railroad service regardless of whether
     4    the  services  are  provided  directly  or
     5    pursuant to joint service agreements.
     6  No expenditure shall be made hereunder until
     7    a certificate of approval has been  issued
     8    by  the  director of the budget and a copy
     9    of such certificate filed with  the  state
    10    comptroller, the chairperson of the senate
    11    finance  committee  and the chairperson of
    12    the assembly  ways  and  means  committee.
    13    Moneys  appropriated  herein  may  be made
    14    available at  such  times  and  upon  such
    15    conditions as may be deemed appropriate by
    16    the commissioner of transportation and the
    17    director  of the budget in accordance with
    18    the following:
    19  To the metropolitan transportation authority
    20    for the operating  expenses  of  the  Long
    21    Island  rail  road  company and the Metro-
    22    North  commuter  railroad  company   which
    23    include  operating  expenses  for  the New
    24    York state portion of Harlem, Hudson, Port
    25    Jervis, Pascack, and  New  Haven  commuter
    26    railroad  services  regardless  of whether
    27    such services  are  provided  directly  or
    28    pursuant   to   joint  service  agreements
    29    (54282) ..................................... 10,800,000
    30                                              --------------

    31    Special Revenue Funds - Other
    32    Dedicated Mass Transportation Trust Fund
    33    Transit Authorities Account - 20851

    34  To the metropolitan transportation authority
    35    for deposit in the metropolitan  transpor-
    36    tation  authority  dedicated  tax fund for
    37    the expenses of the New York city  transit
    38    authority, the Manhattan and Bronx surface
    39    transit   operating   authority,  and  the
    40    Staten  Island  rapid  transit   operating
    41    authority,   the  Long  Island  rail  road
    42    company and the Metro-North commuter rail-
    43    road company which includes the  New  York
    44    state  portion of the Harlem, Hudson, Port
    45    Jervis, Pascack, and the New Haven  commu-
    46    ter railroad service regardless of whether
    47    the  services  are  provided  directly  or
    48    pursuant to joint service agreements.
    49  No expenditure shall be made hereunder until
    50    a certificate of approval has been  issued
    51    by  the  director of the budget and a copy
    52    of such certificate filed with  the  state
    53    comptroller, the chairperson of the senate

        A. 6440                            18

     1    finance  committee  and the chairperson of
     2    the assembly ways and means committee.
     3  Moneys   appropriated  herein  may  be  made
     4    available at  such  times  and  upon  such
     5    conditions as may be deemed appropriate by
     6    the commissioner of transportation and the
     7    director  of the budget in accordance with
     8    the following:
     9  To the metropolitan transportation authority
    10    for the operating expenses of the New York
    11    city transit authority, the Manhattan  and
    12    Bronx surface transit operating authority,
    13    and  the Staten Island rapid transit oper-
    14    ating authority (53173) ..................... 60,600,000
    15                                              --------------

    16    § 12. The amount specified in this section,  or  so  much  thereof  as
    17  shall  be  sufficient  to  accomplish  the purpose designated, is hereby
    18  appropriated and authorized to be paid as hereinafter provided,  to  the
    19  public  officers  and  for  the purpose specified, which amount shall be
    20  available for the state fiscal year beginning April 1, 2023.

    21                      DEPARTMENT OF VETERANS' SERVICES

    22                              AID TO LOCALITIES

    23  BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
    24                                                            --------------

    25    General Fund
    26    Local Assistance Account - 10000

    27  For payment of annuities to  blind  veterans
    28    and  eligible  surviving  spouses.  Up  to
    29    $15,000  of  this  appropriation  may   be
    30    transferred to state operations for admin-
    31    istrative   costs   associated  with  this
    32    program (54606) ................................ 385,000
    33                                              --------------

    34    § 13. No expenditure may be made from any appropriation in  this  act,
    35  until  a  certificate of approval has been issued by the director of the
    36  budget and a copy of such certificate shall have  been  filed  with  the
    37  state  comptroller, the chairman of the senate finance committee and the
    38  chairman of the assembly ways and  means  committee  provided,  however,
    39  that  any  expenditures  from  any appropriation in this act made by the
    40  legislature or judiciary shall not require such certificate.

    41    § 14. All expenditures and disbursements made  against  the  appropri-
    42  ations in this act shall, upon final action by the legislature on appro-
    43  priation  bills submitted by the governor pursuant to article VII of the
    44  state constitution for the support of government for  the  state  fiscal
    45  year  beginning  April  1,  2023,  be  transferred by the comptroller as
    46  expenditures and disbursements to  such  appropriations  for  all  state
    47  departments and agencies, as applicable, in amounts equal to the amounts

        A. 6440                            19

     1  charged against the appropriations in this act for each such department,
     2  agency, and the legislature and the judiciary.

     3    §  15. Severability clause. If any clause, sentence, paragraph, subdi-
     4  vision, section or part of this act shall be adjudged by  any  court  of
     5  competent  jurisdiction  to  be invalid, such judgment shall not affect,
     6  impair, or invalidate the remainder thereof, but shall  be  confined  in
     7  its  operation  to the clause, sentence, paragraph, subdivision, section
     8  or part thereof directly involved in the controversy in which such judg-
     9  ment shall have been rendered. It is hereby declared to be the intent of
    10  the legislature that this act would  have  been  enacted  even  if  such
    11  invalid provisions had not been included herein.

    12    §  16.  This  act shall take effect immediately and shall be deemed to
    13  have been in full force and effect on and after April 1, 2023; provided,
    14  however, that upon the transfer of expenditures and disbursements by the
    15  comptroller as provided in section fourteen of this act,  the  appropri-
    16  ations  made  by  this  act  and subject to such section shall be deemed
    17  repealed.