Bill Text: NY A06585 | 2023-2024 | General Assembly | Introduced


Bill Title: Provides for emergency appropriation through April 24, 2023 for the support of government.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-04-20 - substituted by s6440 [A06585 Detail]

Download: New_York-2023-A06585-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6585

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 20, 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; to amend
          chapter 121 of the laws of 2023 relating to making appropriations  for
          the  support  of government, in relation thereto; to amend chapter 122
          of the laws of 2023, relating to making appropriations for the support
          of government, in relation thereto; and to amend chapter  124  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, as amended by chapter 124
    10  of the laws of 2023, is amended to read as 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12009-01-3

        A. 6585                             2

     1    personal  service,  including  liabilities
     2    incurred prior to April 1,  2023,  on  the
     3    payrolls  scheduled  to be paid during the
     4    period April 1 through April [20] 24, 2023
     5    to  state  officers  and  employees of the
     6    executive branch, including the  governor,
     7    lieutenant   governor,   comptroller,  and
     8    attorney general, and to employees of  the
     9    legislature.   This   appropriation   also
    10    includes funding  for  payment  of  health
    11    care  and mental hygiene bonuses to eligi-
    12    ble  state  employees,  and  payments  for
    13    services  performed  by  mentally  ill  or
    14    developmentally disabled persons  who  are
    15    employed in state-operated special employ-
    16    ment,  work-for-pay  or sheltered workshop
    17    programs .................... [714,000,000]  716,700,000
    18                                --------------

    19    § 3. Section 3 of chapter 121 of the laws of 2023, relating to  making
    20  appropriations  for the support of government, as amended by chapter 124
    21  of the laws of 2023, is amended to read as follows:
    22    § 3. The amount specified in this section, or so much thereof as shall
    23  be sufficient to accomplish the purpose designated, is hereby  appropri-
    24  ated  and  authorized  to be paid as hereinafter provided, to the public
    25  officers and for the purpose specified, which amount shall be  available
    26  for the state fiscal year beginning April 1, 2023.

    27                     ALL STATE DEPARTMENTS AND AGENCIES

    28  For  the  payment  of  state  operations non
    29    personal service liabilities to the execu-
    30    tive branch,  including  the  comptroller,
    31    and the attorney general, and legislature,
    32    incurred  in  the ordinary course of busi-
    33    ness, during the period  April  1  through
    34    April  [20] 24, 2023, pursuant to existing
    35    state law and for purposes for  which  the
    36    legislature  authorized the expenditure of
    37    moneys during the 2022-2023  state  fiscal
    38    year;   provided,  however,  that  nothing
    39    contained herein shall be deemed to  limit
    40    or  restrict  the  power  or  authority of
    41    state departments or agencies  to  conduct
    42    their  activities or operations in accord-
    43    ance  with  existing  law,   and   further
    44    provided  that  nothing  contained  herein
    45    shall be deemed to supersede,  nullify  or
    46    modify the provisions of section 40 of the
    47    state  finance law prescribing when appro-
    48    priations made  for  the  2022-2023  state
    49    fiscal  year  shall  have  ceased  to have
    50    force and effect ............................ 48,600,000
    51                                              --------------

        A. 6585                             3

     1    § 4. Section 4 of chapter 121 of the laws of 2023, relating to  making
     2  appropriations  for the support of government, as amended by chapter 124
     3  of the laws of 2023, is amended to read as follows:
     4    §  4.  The  amounts  specified  in this section, or so much thereof as
     5  shall be sufficient to accomplish the  purposes  designated,  is  hereby
     6  appropriated  and  authorized to be paid as hereinafter provided, to the
     7  public officers and for the purposes specified, which  amount  shall  be
     8  available for the state fiscal year beginning April 1, 2023.

     9                     ALL STATE DEPARTMENTS AND AGENCIES

    10  The  sum  of  one  hundred  seventy  million
    11    dollars ($170,000,000), or so much thereof
    12    as shall be sufficient to  accomplish  the
    13    purpose designated, is hereby appropriated
    14    for  contracts  and  grants  approved  for
    15    purposes for which the legislature author-
    16    ized the expenditures of money during  the
    17    2022-2023 fiscal year. An amount up to one
    18    hundred     seventy     million    dollars
    19    ($170,000,000) shall be available for  the
    20    payment  of  capital  projects liabilities
    21    incurred during the period  from  April  1
    22    through  April [20] 24, 2023 for contracts
    23    and grants  approved  prior  to  April  1,
    24    2023,   provided,  however,  that  nothing
    25    contained herein shall be deemed to  limit
    26    or  restrict  the  power  or  authority of
    27    state departments or agencies  to  conduct
    28    their  activities or operations in accord-
    29    ance  with  existing  law,   and   further
    30    provided  that  nothing  contained  herein
    31    shall be deemed to supersede, nullify,  or
    32    modify the provisions of section 40 of the
    33    state  finance law prescribing when appro-
    34    priations made for  the  2022-2023  fiscal
    35    year  shall  have ceased to have force and
    36    effect ..................................... 170,000,000
    37                                              --------------

    38    § 5. Section 5 of chapter 121 of the laws of 2023, relating to  making
    39  appropriations  for the support of government, as amended by chapter 124
    40  of the laws of 2023, is amended to read as follows:
    41    § 5. The several amounts specified in this section, or so much thereof
    42  as shall be sufficient to accomplish the purposes designated, are hereby
    43  appropriated and authorized to be paid as hereinafter provided,  to  the
    44  respective public officers and for the several purposes specified, which
    45  amounts  shall be available for the state fiscal year beginning April 1,
    46  2023.

    47                     ALL STATE DEPARTMENTS AND AGENCIES

    48  The   sum   of   thirty   million    dollars
    49    ($30,000,000), or so much thereof as shall
    50    be  sufficient  to  accomplish the purpose
    51    designated,  is  hereby  appropriated  for

        A. 6585                             4

     1    contracts  and  grants  approved for which
     2    the legislature  authorized  the  expendi-
     3    tures of money during the 2022-2023 fiscal
     4    year.  An  amount  up  to  thirty  million
     5    dollars ($30,000,000) shall  be  available
     6    for   the   payment  of  capital  projects
     7    liabilities  incurred  during  the  period
     8    from  April  1 through April [20] 24, 2023
     9    for contracts and  grants  approved  after
    10    April  1,  2023,  provided,  however, that
    11    nothing contained herein shall  be  deemed
    12    to limit or restrict the power or authori-
    13    ty  of  state  departments  or agencies to
    14    conduct their activities or operations  in
    15    accordance  with existing law, and further
    16    provided  that  nothing  contained  herein
    17    shall  be deemed to supersede, nullify, or
    18    modify the provisions of section 40 of the
    19    state finance law prescribing when  appro-
    20    priations  made  for  the 2022-2023 fiscal
    21    year shall have ceased to have  force  and
    22    effect ...................................... 30,000,000
    23                                              --------------

    24    §  6. Section 7 of chapter 121 of the laws of 2023, relating to making
    25  appropriations for the support of government, as amended by chapter  124
    26  of the laws of 2023, is amended to read as follows:
    27    §  7.  The  amounts  specified  in this section, or so much thereof as
    28  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    29  appropriated  and  authorized to be paid as hereinafter provided, to the
    30  public officers and for the purposes specified, which  amount  shall  be
    31  available for the state fiscal year beginning April 1, 2023.

    32                                  JUDICIARY

    33  For  the  purpose  of  making  payments  for
    34    personal  service,  including  liabilities
    35    incurred  prior  to  April 1, 2023, on the
    36    payrolls scheduled to be paid  during  the
    37    period April 1 through April [20] 24, 2023
    38    to officers and employees of the judiciary .. 65,000,000
    39  For  the payment of state operations nonper-
    40    sonal  service  liabilities,  the  sum  of
    41    fifty million dollars ($50,000,000), or so
    42    much  thereof  as  shall  be sufficient to
    43    accomplish  the  purpose  designated,   is
    44    hereby  appropriated  to the judiciary out
    45    of any moneys in the general fund or other
    46    funds to the credit of the state  purposes
    47    account  not  otherwise  appropriated. The
    48    comptroller  is  hereby   authorized   and
    49    directed to utilize this appropriation for
    50    the  purpose  of  making payments for non-
    51    personal service liabilities  incurred  by
    52    the  judiciary  from April 1 through April
    53    [20] 24, 2023 ............................... 50,000,000

        A. 6585                             5

     1  For the payment of aid to localities liabil-
     2    ities, the sum of fifteen million  dollars
     3    ($15,000,000), or so much thereof as shall
     4    be  sufficient  to  accomplish the purpose
     5    designated,  is hereby appropriated to the
     6    judiciary out of any moneys in the general
     7    fund or other funds to the credit  of  the
     8    state   purposes   account  not  otherwise
     9    appropriated. The  comptroller  is  hereby
    10    authorized  and  directed  to utilize this
    11    appropriation for the  purpose  of  making
    12    payments for aid to localities liabilities
    13    incurred  by  the  judiciary  from April 1
    14    through April [20] 24, 2023 ................. 15,000,000
    15  For the payment of employee  fringe  benefit
    16    programs  including,  but  not limited to,
    17    the  judiciary's  contributions   to   the
    18    health   insurance  fund,  the  employees'
    19    retirement  system  pension   accumulation
    20    fund,  the  social  security  contribution
    21    fund, employee benefit fund programs,  the
    22    dental  insurance  plan,  the  vision care
    23    plan, the unemployment insurance fund, and
    24    for workers'  compensation  benefits,  the
    25    sum  of  two  hundred  eighty-one  million
    26    dollars ($281,000,000), or so much thereof
    27    as shall be sufficient to  accomplish  the
    28    purpose designated, is hereby appropriated
    29    to  the judiciary out of any moneys in the
    30    general fund or other funds to the  credit
    31    of  the  state purposes account not other-
    32    wise  appropriated.  The  comptroller   is
    33    hereby  authorized and directed to utilize
    34    this  appropriation  for  the  purpose  of
    35    making  payments for employee fringe bene-
    36    fit liabilities incurred by the  judiciary
    37    from April 1 through April [20] 24, 2023 ... 281,000,000

    38    §  7. Section 9 of chapter 124 of the laws of 2023, relating to making
    39  appropriations for the support of government,  is  amended  to  read  as
    40  follows:
    41    §  9.  The  amounts  specified  in this section, or so much thereof as
    42  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    43  appropriated  and  authorized to be paid as hereinafter provided, to the
    44  public officers and for the purposes specified, which  amount  shall  be
    45  available for the state fiscal year beginning April 1, 2023.

    46                    DEPARTMENT OF AGRICULTURE AND MARKETS

    47                              AID TO LOCALITIES

    48  AGRICULTURAL BUSINESS SERVICES PROGRAM .......... [348,000]      812,000
    49                                              --------------

    50    General Fund
    51    Local Assistance Account - 10000

        A. 6585                             6

     1  Notwithstanding any law to the contrary, for
     2    services,  expenses  and grants, including
     3    but not limited to (a) the New York  state
     4    veterinary   diagnostic   laboratory,  (b)
     5    research   and   development   at  Cornell
     6    university, (c) education and outreach  at
     7    Cornell  university, (d) the New York farm
     8    viability institute, (e) the promotion  of
     9    agricultural economic development, and (f)
    10    agricultural  access,  education and work-
    11    force support, pursuant to a plan prepared
    12    by the commissioner of the  department  of
    13    agriculture  and  markets  and approved by
    14    the director of the budget.  Funds  hereby
    15    appropriated  shall  be  available  to the
    16    program   net   of    refunds,    rebates,
    17    reimbursements   and  credits.  All  or  a
    18    portion  of  this  appropriation  may   be
    19    suballocated   to  any  state  department,
    20    agency, or public authority ..... [348,000]      812,000
    21                                --------------

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

    27                            EDUCATION DEPARTMENT

    28                              AID TO LOCALITIES

    29  OFFICE OF PREKINDERGARTEN THROUGH GRADE  TWELVE  EDUCATION
    30    PROGRAM ................................................ 1,390,000,000
    31                                                            --------------

    32    General Fund
    33    Local Assistance Account - 10000

    34  For  remaining 2022-23 and prior school year
    35    obligations, including aid for such school
    36    years payable pursuant to  section  3609-d
    37    of   the   education  law,  provided  that
    38    notwithstanding any provision  of  law  to
    39    the  contrary,  subject to the approval of
    40    the director of the budget,  funds  appro-
    41    priated  herein  may  be interchanged with
    42    any other item of appropriation for gener-
    43    al support for public schools  within  the
    44    general   fund  local  assistance  account
    45    office of  prekindergarten  through  grade
    46    twelve education program.
    47  Notwithstanding any other law, rule or regu-
    48    lation to the contrary, funds appropriated
    49    herein  shall  be available for payment of
    50    financial assistance net of any  disallow-

        A. 6585                             7

     1    ances, refunds, reimbursement and credits,
     2    and  may  be suballocated to other depart-
     3    ments  and  agencies  to  accomplish   the
     4    intent  of  this  appropriation subject to
     5    the approval of the director of the  budg-
     6    et.   Notwithstanding any provision of law
     7    to the contrary, funds appropriated herein
     8    shall be available for payment of  liabil-
     9    ities  heretofore  accrued or hereafter to
    10    accrue ................................... 1,390,000,000
    11                                              --------------

    12    § 9. Section 8 of chapter 121 of the laws of 2023, relating to  making
    13  appropriations  for the support of government, as amended by chapter 124
    14  of the laws of 2023, is amended to read as follows:
    15    § 8. The amounts specified in this section,  or  so  much  thereof  as
    16  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    17  appropriated and authorized to be paid as hereinafter provided,  to  the
    18  public  officers  and  for the purposes specified, which amount shall be
    19  available for the state fiscal year beginning April 1, 2023.

    20                            DEPARTMENT OF HEALTH

    21                              AID TO LOCALITIES

    22  CENTER FOR COMMUNITY HEALTH PROGRAM .......... [35,093,000]   31,017,000
    23                                              --------------

    24    General Fund
    25    Local Assistance Account - 10000

    26  For services and  expenses  related  to  the
    27    Indian  health  program. The moneys hereby
    28    appropriated  shall  be  for  payment   of
    29    financial assistance heretofore accrued or
    30    hereafter to accrue (26840) .................. 6,400,000
    31                                              --------------

    32    Special Revenue Funds - Federal
    33    Federal USDA-Food and Nutrition Services Fund
    34    Federal Food and Nutrition Services Account - 25022

    35  For  various  federal  food  and nutritional
    36    services. The moneys  hereby  appropriated
    37    shall  be  available for payment of finan-
    38    cial assistance heretofore accrued (26986)
    39    .............................. [19,693,000]   24,617,000
    40                                --------------

    41  HEALTH CARE REFORM ACT PROGRAM ............................... 9,000,000
    42                                                            --------------

    43    Special Revenue Funds - Other
    44    HCRA Resources Fund
    45    HCRA Program Account - 20807

        A. 6585                             8

     1  For transfer to health research incorporated
     2    (HRI)  for  the   AIDS   drug   assistance
     3    program,  including payments to Ryan White
     4    centers (29880) .............................. 9,000,000

     5    § 10. Section 10 of chapter 122 of  the  laws  of  2023,  relating  to
     6  making appropriations for the support of government, as amended by chap-
     7  ter 124 of the laws of 2023, is amended to read as follows:
     8    §  10.  The  amounts  specified in this section, or so much thereof as
     9  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    10  appropriated  and  authorized to be paid as hereinafter provided, to the
    11  public officers and for the purposes specified, which  amount  shall  be
    12  available for the state fiscal year beginning April 1, 2023.

    13                             DEPARTMENT OF LABOR

    14                              AID TO LOCALITIES

    15  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [544,000,000]  592,000,000
    16                                              --------------

    17    Enterprise Funds
    18    Unemployment Insurance Benefit Fund
    19    Unemployment Insurance Benefit Account - 50650

    20  For  payment of unemployment insurance bene-
    21    fits pursuant to article 18 of  the  labor
    22    law   or  as  authorized  by  the  federal
    23    government through the disaster  unemploy-
    24    ment  assistance  program,  the  emergency
    25    unemployment  compensation  program,   the
    26    extended   benefit  program,  the  federal
    27    additional  compensation  program  or  any
    28    other  federally funded unemployment bene-
    29    fit program (34787) ......... [544,000,000]  592,000,000

    30    § 11. Section 10 of chapter 121 of  the  laws  of  2023,  relating  to
    31  making appropriations for the support of government, as amended by chap-
    32  ter 124 of the laws of 2023, is amended to read as follows:
    33    §  10.  The  amount  specified  in this section, or so much thereof as
    34  shall be sufficient to accomplish  the  purpose  designated,  is  hereby
    35  appropriated  and  authorized to be paid as hereinafter provided, to the
    36  public officers and for the purpose specified,  which  amount  shall  be
    37  available for the state fiscal year beginning April 1, 2023.

    38                        DEPARTMENT OF MENTAL HYGIENE

    39              OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES

    40                              AID TO LOCALITIES

    41  COMMUNITY SERVICES PROGRAM .................. [177,545,000]  183,533,000
    42                                              --------------

    43    General Fund
    44    Local Assistance Account - 10000

        A. 6585                             9

     1  For  services  and expenses of the community
     2    services program,  net  of  disallowances,
     3    for  community  programs  for  people with
     4    developmental  disabilities  pursuant   to
     5    article  41  of  the  mental  hygiene law,
     6    and/or chapter 620 of the  laws  of  1974,
     7    chapter  660  of the laws of 1977, chapter
     8    412 of the laws of 1981, chapter 27 of the
     9    laws of 1987, chapter 729 of the  laws  of
    10    1989,  chapter 329 of the laws of 1993 and
    11    other provisions  of  the  mental  hygiene
    12    law.   Notwithstanding   any  inconsistent
    13    provision of law, the following  appropri-
    14    ation shall be net of prior and/or current
    15    year refunds, rebates, reimbursements, and
    16    credits.
    17  Notwithstanding  any other provision of law,
    18    advances and reimbursement  made  pursuant
    19    to  subdivision  (d)  of section 41.15 and
    20    section 41.18 of the  mental  hygiene  law
    21    shall  be allocated pursuant to a plan and
    22    in a manner prescribed by the agency  head
    23    and  approved by the director of the budg-
    24    et. The  moneys  hereby  appropriated  are
    25    available  to reimburse or advance locali-
    26    ties and voluntary non-profit agencies for
    27    expenditures  made  during  local   fiscal
    28    periods  commencing January 1, 2022, April
    29    1, 2022 or July 1, 2022, and for  advances
    30    for  the  3 month period beginning January
    31    1, 2023.
    32  Notwithstanding the provisions of article 41
    33    of the mental hygiene  law  or  any  other
    34    inconsistent  provision  of  law,  rule or
    35    regulation, the commissioner, pursuant  to
    36    such  contract  and in the manner provided
    37    therein, may pay all or a portion  of  the
    38    expenses  incurred by such voluntary agen-
    39    cies arising out of loans which are funded
    40    from  the  proceeds  of  bonds  and  notes
    41    issued  by  the dormitory authority of the
    42    state of New York.
    43  Notwithstanding any other provision of  law,
    44    the   money  hereby  appropriated  may  be
    45    transferred to state operations and/or any
    46    appropriation of  the  office  for  people
    47    with  developmental  disabilities with the
    48    approval of the director of the budget.
    49  Notwithstanding any  inconsistent  provision
    50    of law, moneys from this appropriation may
    51    be used for state aid of up to 100 percent
    52    of  the  net deficit costs of day training
    53    programs and family support services.
    54  Notwithstanding the  provisions  of  section
    55    16.23  of  the  mental hygiene law and any
    56    other inconsistent provision of law,  with

        A. 6585                            10

     1    relation  to  the  operation  of certified
     2    family care homes, including  family  care
     3    homes  sponsored by voluntary not-for-pro-
     4    fit  agencies,  moneys from this appropri-
     5    ation may be used for payments to purchase
     6    general services including but not limited
     7    to respite providers, up to a  maximum  of
     8    14 days, at rates to be established by the
     9    commissioner  and approved by the director
    10    of the budget in consideration of  factors
    11    including,  but not limited to, geographic
    12    area and number of clients  cared  for  in
    13    the  home  and  for  payment  in an amount
    14    determined by  the  commissioner  for  the
    15    personal  needs of each client residing in
    16    the family care home.
    17  Notwithstanding the provisions  of  subdivi-
    18    sion  12 of section 8 of the state finance
    19    law and any other  inconsistent  provision
    20    of law, moneys from this appropriation may
    21    be  used for expenses of family care homes
    22    including payments to operators of  certi-
    23    fied  family care homes for damages caused
    24    by clients to personal and  real  property
    25    in  accordance  with standards established
    26    by the commissioner and  approved  by  the
    27    director of the budget.
    28  Notwithstanding  any  inconsistent provision
    29    of law, moneys from this appropriation may
    30    be  used  for  appropriate   day   program
    31    services  and residential services includ-
    32    ing, but not limited  to,  direct  housing
    33    subsidies    to    individuals,   start-up
    34    expenses for family care providers,  envi-
    35    ronmental modifications, adaptive technol-
    36    ogies,   appraisals,   property   options,
    37    feasibility  studies  and   preoperational
    38    expenses.
    39  Notwithstanding  any  inconsistent provision
    40    of law except pursuant to a chapter of the
    41    laws of 2022  authorizing  a  5.4  percent
    42    cost  of living adjustment, for the period
    43    commencing on April  1,  2022  and  ending
    44    March  31, 2023 the commissioner shall not
    45    apply any other cost of living  adjustment
    46    for  the  purpose of establishing rates of
    47    payments, contracts or any other  form  of
    48    reimbursement.
    49  Notwithstanding  section  6908 of the educa-
    50    tion law and any other provision  of  law,
    51    rule or regulation to the contrary, direct
    52    support  staff  in  programs  certified or
    53    approved by the  office  for  people  with
    54    developmental  disabilities, including the
    55    home and community based  services  waiver
    56    programs  that  the office for people with

        A. 6585                            11

     1    developmental disabilities  is  authorized
     2    to administer with federal approval pursu-
     3    ant  to subdivision (c) of section 1915 of
     4    the   federal  social  security  act,  are
     5    authorized to provide such tasks as  OPWDD
     6    may   specify  when  performed  under  the
     7    supervision,   training    and    periodic
     8    inspection  of  a  registered professional
     9    nurse and in accordance with an authorized
    10    practitioner's ordered care.
    11  Notwithstanding any other provision  of  law
    12    to   the  contrary,  and  consistent  with
    13    section 33.07 of the mental  hygiene  law,
    14    the  directors  of facilities licensed but
    15    not operated by the office for people with
    16    developmental  disabilities  who  act   as
    17    federally-appointed  representative payees
    18    and who assume  management  responsibility
    19    over  the funds of a resident may continue
    20    to use such funds  for  the  cost  of  the
    21    resident's  care and treatment, consistent
    22    with federal law and regulations.
    23  Funds appropriated herein shall be available
    24    in accordance with the following:
    25  Notwithstanding any  inconsistent  provision
    26    of  law,  the  director  of  the budget is
    27    authorized  to  make  suballocations  from
    28    this  appropriation  to  the department of
    29    health medical assistance program.
    30  Notwithstanding any  inconsistent  provision
    31    of  law,  and  pursuant to criteria estab-
    32    lished by the commissioner of  the  office
    33    for people with developmental disabilities
    34    and  approved by the director of the budg-
    35    et, expenditures may  be  made  from  this
    36    appropriation  for  residential facilities
    37    which  are  pending   recertification   as
    38    intermediate  care  facilities  for people
    39    with developmental disabilities.
    40  Notwithstanding the  provisions  of  section
    41    41.36  of  the  mental hygiene law and any
    42    other  inconsistent  provision   of   law,
    43    moneys from this appropriation may be used
    44    for  payment  up  to  $250  per  year  per
    45    client, at such times and in  such  manner
    46    as  determined  by the commissioner on the
    47    basis of financial need for  the  personal
    48    needs of each client residing in voluntary
    49    operated  community  residences and volun-
    50    tary-operated community residential alter-
    51    natives, including individualized residen-
    52    tial  alternatives  under  the  home   and
    53    community   based   services  waiver.  The
    54    commissioner   shall,   subject   to   the
    55    approval  of  the  director of the budget,
    56    alter existing advance  payment  schedules

        A. 6585                            12

     1    for   voluntary-operated  community  resi-
     2    dences  established  pursuant  to  section
     3    41.36 of the mental hygiene law.  Notwith-
     4    standing any inconsistent provision of law
     5    moneys from this appropriation may be used
     6    for  the  operation  of  clinics  licensed
     7    pursuant  to  article  16  of  the  mental
     8    hygiene law including, but not limited to,
     9    supportive   and   habilitative   services
    10    consistent with  the  home  and  community
    11    based   services  waiver.  Notwithstanding
    12    sections 112 and 163 of the state  finance
    13    law and section 142 of the economic devel-
    14    opment  law,  or  any  other  inconsistent
    15    provision of law,  funds  appropriated  to
    16    the  department  of  health  in accordance
    17    with a schedule based upon approved  Medi-
    18    caid claims for eligible home and communi-
    19    ty-based   services,   or  other  approved
    20    services as defined in section nine  thou-
    21    sand  eight  hundred  and seventeen of the
    22    American rescue plan  act  of  2021,  from
    23    April  1,  2021 through March 31, 2023 and
    24    made available by the department of health
    25    via sub-allocation or transfer  of  up  to
    26    $740,000,000 may be allocated and distrib-
    27    uted by the commissioner of the office for
    28    people  with  developmental  disabilities,
    29    subject to approval of the director of the
    30    budget,  without  a  competitive  bid   or
    31    request   for  proposal  process  for  the
    32    services and expenses of qualified  appli-
    33    cants.  All awards will be granted utiliz-
    34    ing criteria established  by  the  commis-
    35    sioner  of  the  office  for  people  with
    36    developmental disabilities  to  strengthen
    37    and   enhance   home  and  community-based
    38    services  consistent  with  the   American
    39    rescue plan act of 2021.
    40  For  the  state  share of medical assistance
    41    services expenses incurred by the  depart-
    42    ment   of  health  for  the  provision  of
    43    medical assistance services to people with
    44    developmental disabilities (37835) ......... 152,106,000
    45  For services and expenses of  the  community
    46    services  program,  net  of disallowances,
    47    for community  programs  for  people  with
    48    developmental   disabilities  pursuant  to
    49    article 41  of  the  mental  hygiene  law,
    50    and/or  chapter  620  of the laws of 1974,
    51    chapter 660 of the laws of  1977,  chapter
    52    412 of the laws of 1981, chapter 27 of the
    53    laws  of  1987, chapter 729 of the laws of
    54    1989, chapter 329 of the laws of 1993  and
    55    other  provisions  of  the  mental hygiene
    56    law.  Notwithstanding   any   inconsistent

        A. 6585                            13

     1    provision  of law, the following appropri-
     2    ation shall be net of prior and/or current
     3    year refunds, rebates, reimbursements, and
     4    credits.
     5  Notwithstanding  any other provision of law,
     6    advances and reimbursement  made  pursuant
     7    to  subdivision  (d)  of section 41.15 and
     8    section 41.18 of the  mental  hygiene  law
     9    shall  be allocated pursuant to a plan and
    10    in a manner prescribed by the agency  head
    11    and  approved by the director of the budg-
    12    et. The  moneys  hereby  appropriated  are
    13    available  to reimburse or advance locali-
    14    ties and voluntary non-profit agencies for
    15    expenditures  made  during  local   fiscal
    16    periods  commencing January 1, 2022, April
    17    1, 2022 or July 1, 2022, and for  advances
    18    for  the  3 month period beginning January
    19    1, 2023.
    20  Notwithstanding the provisions of article 41
    21    of the mental hygiene  law  or  any  other
    22    inconsistent  provision  of  law,  rule or
    23    regulation, the commissioner, pursuant  to
    24    such  contract  and in the manner provided
    25    therein, may pay all or a portion  of  the
    26    expenses  incurred by such voluntary agen-
    27    cies arising out of loans which are funded
    28    from  the  proceeds  of  bonds  and  notes
    29    issued  by  the dormitory authority of the
    30    state of New York.
    31  Notwithstanding any other provision of  law,
    32    the   money  hereby  appropriated  may  be
    33    transferred to state operations and/or any
    34    appropriation of  the  office  for  people
    35    with  developmental  disabilities with the
    36    approval of the director of the budget.
    37  Notwithstanding any  inconsistent  provision
    38    of law, moneys from this appropriation may
    39    be used for state aid of up to 100 percent
    40    of  the  net deficit costs of day training
    41    programs and family support services.
    42  Notwithstanding the  provisions  of  section
    43    16.23  of  the  mental hygiene law and any
    44    other inconsistent provision of law,  with
    45    relation  to  the  operation  of certified
    46    family care homes, including  family  care
    47    homes  sponsored by voluntary not-for-pro-
    48    fit agencies, moneys from  this  appropri-
    49    ation may be used for payments to purchase
    50    general services including but not limited
    51    to respite providers, up to a maximum of 5
    52    days,  at  rates  to be established by the
    53    commissioner and approved by the  director
    54    of  the budget in consideration of factors
    55    including, but not limited to,  geographic
    56    area  and  number  of clients cared for in

        A. 6585                            14

     1    the home and  for  payment  in  an  amount
     2    determined  by  the  commissioner  for the
     3    personal needs of each client residing  in
     4    the family care home.
     5  Notwithstanding  the  provisions of subdivi-
     6    sion 12 of section 8 of the state  finance
     7    law  and  any other inconsistent provision
     8    of law, moneys from this appropriation may
     9    be used for expenses of family care  homes
    10    including  payments to operators of certi-
    11    fied family care homes for damages  caused
    12    by  clients  to personal and real property
    13    in accordance with  standards  established
    14    by  the  commissioner  and approved by the
    15    director of the budget.
    16  Notwithstanding any  inconsistent  provision
    17    of law, moneys from this appropriation may
    18    be   used   for  appropriate  day  program
    19    services and residential services  includ-
    20    ing,  but  not  limited to, direct housing
    21    subsidies   to    individuals,    start-up
    22    expenses  for family care providers, envi-
    23    ronmental modifications, adaptive technol-
    24    ogies,   appraisals,   property   options,
    25    feasibility   studies  and  preoperational
    26    expenses.
    27  Notwithstanding any  inconsistent  provision
    28    of law except pursuant to a chapter of the
    29    laws  of  2021  authorizing  a 5.4 percent
    30    cost of living adjustment, for the  period
    31    commencing  on  April  1,  2022 and ending
    32    March 31, 2023 the commissioner shall  not
    33    apply  any other cost of living adjustment
    34    for the purpose of establishing  rates  of
    35    payments,  contracts  or any other form of
    36    reimbursement.
    37  Notwithstanding section 6908 of  the  educa-
    38    tion  law  and any other provision of law,
    39    rule or regulation to the contrary, direct
    40    support staff  in  programs  certified  or
    41    approved  by  the  office  for people with
    42    developmental disabilities, including  the
    43    home  and  community based services waiver
    44    programs that the office for  people  with
    45    developmental  disabilities  is authorized
    46    to administer with federal approval pursu-
    47    ant to subdivision (c) of section 1915  of
    48    the   federal  social  security  act,  are
    49    authorized to provide such  tasks  as  the
    50    office for people with developmental disa-
    51    bilities  may specify when performed under
    52    the  supervision,  training  and  periodic
    53    inspection  of  a  registered professional
    54    nurse and in accordance with an authorized
    55    practitioner's ordered care.

        A. 6585                            15

     1  Notwithstanding any other provision  of  law
     2    to   the  contrary,  and  consistent  with
     3    section 33.07 of the mental  hygiene  law,
     4    the  directors  of facilities licensed but
     5    not operated by the office for people with
     6    developmental   disabilities  who  act  as
     7    federally-appointed representative  payees
     8    and  who  assume management responsibility
     9    over the funds of a resident may  continue
    10    to  use  such  funds  for  the cost of the
    11    resident's care and treatment,  consistent
    12    with federal law and regulations.
    13  For services and expenses related to provid-
    14    ing  health care and mental hygiene worker
    15    bonuses.
    16  Funds appropriated herein shall be available
    17    in accordance with the following:
    18  Notwithstanding any other provision  of  law
    19    to the contrary, funds appropriated herein
    20    are available to reimburse in- and out-of-
    21    state  private residential schools, pursu-
    22    ant to subdivision (c) of section  13.37-a
    23    and  subdivision  (g)  of section 13.38 of
    24    the  mental  hygiene  law,  for  costs  of
    25    supporting the residential and day program
    26    services  available to individuals who are
    27    over the age of 21 years of age,  provided
    28    that   the  amount  paid  for  residential
    29    services and/or maintenance costs  is  net
    30    of  any supplemental security income bene-
    31    fit  to  which  the  individual  receiving
    32    services is eligible, and provided further
    33    that  funding  for nonresidential services
    34    will be in an amount  not  to  exceed  the
    35    maximum  reimbursement for appropriate day
    36    services  delivered  by  the  office   for
    37    people   with  developmental  disabilities
    38    certified or approved providers other than
    39    in- and out-of-state  private  residential
    40    schools,  unless  otherwise  authorized by
    41    the director of the budget.
    42  Notwithstanding section  163  of  the  state
    43    finance  law,  section 142 of the economic
    44    development law, and  article  41  of  the
    45    mental  hygiene  law,  the commissioner of
    46    the office for people  with  developmental
    47    disabilities  may make the funds appropri-
    48    ated herein available as state aid, a loan
    49    or a grant, pursuant to terms  and  condi-
    50    tions  established  by the commissioner of
    51    the office for people  with  developmental
    52    disabilities,  to  cover  a portion of the
    53    development  costs  of   private,   public
    54    and/or non-profit organizations, including
    55    corporations  and partnerships established
    56    pursuant to the  private  housing  finance

        A. 6585                            16

     1    law and/or any other statutory provisions,
     2    for  supportive  housing  units  that have
     3    been set aside for individuals with intel-
     4    lectual  and  developmental  disabilities.
     5    Further, the office for people with devel-
     6    opmental disabilities shall have a lien on
     7    the  real  property  developed  with  such
     8    state aid, loans or grants, which shall be
     9    in  the amount of the loan or grant, for a
    10    maximum term of 30 years, or other  longer
    11    term  consistent  with the requirements of
    12    another regulatory agency.
    13  For services and  expenses  related  to  the
    14    provision   of   residential  services  to
    15    people  with  developmental   disabilities
    16    (37802) ...................... [14,427,000]   17,823,000
    17  For  services  and  expenses  related to the
    18    provision  of  day  program  services   to
    19    people   with  developmental  disabilities
    20    (37803) ....................... [3,247,000]    4,011,000
    21  For services and  expenses  related  to  the
    22    provision  of  family  support services to
    23    people  with  developmental   disabilities
    24    (37804) ....................... [4,533,000]    5,601,000
    25  For  services  and  expenses  related to the
    26    provision of workshop,  day  training  and
    27    employment  services to people with devel-
    28    opmental disabilities. Notwithstanding any
    29    other provision of law, up to $800,000  of
    30    this  appropriation  may be transferred to
    31    the New York State Education  Departments'
    32    Adult   Career  and  Continuing  Education
    33    Services   -   Vocational   Rehabilitation
    34    (ACCES-VR)  program  to  support the Long-
    35    Term Sheltered Employment program operated
    36    by FEDCAP  Rehabilitation  Services,  Inc.
    37    (37805) ....................... [2,616,000]    3,232,000
    38  For  other services and expenses provided to
    39    people  with  developmental   disabilities
    40    including  but not limited to hepatitis B,
    41    care at home  waiver,  epilepsy  services,
    42    Special Olympics New York, Inc. and volun-
    43    tary fingerprinting (37806) ..... [616,000]      760,000
    44                                --------------

    45    §  12.  The  amounts  specified in this section, or so much thereof as
    46  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    47  appropriated  and  authorized to be paid as hereinafter provided, to the
    48  public officers and for the purposes specified, which  amount  shall  be
    49  available for the state fiscal year beginning April 1, 2023.

    50                        DEPARTMENT OF TRANSPORTATION

    51                              AID TO LOCALITIES

        A. 6585                            17

     1  METROPOLITAN TRANSPORTATION AUTHORITY SUPPORT PROGRAM ....... 12,752,000
     2                                                            --------------

     3    Special Revenue Funds - Other
     4    Metropolitan  Transportation Authority Financial Assist-
     5      ance Fund
     6    New York Central Business District Trust Fund - 23653

     7  To the metropolitan transportation authority
     8    pursuant to section  99-ff  of  the  state
     9    finance  law  for  deposit  in the central
    10    business district tolling capital  lockbox
    11    established  pursuant  to section 553-j of
    12    the public authorities law (54298) .......... 12,752,000
    13                                              --------------

    14    § 13. No expenditure may be made from any appropriation in  this  act,
    15  until  a  certificate of approval has been issued by the director of the
    16  budget and a copy of such certificate shall have  been  filed  with  the
    17  state  comptroller, the chairman of the senate finance committee and the
    18  chairman of the assembly ways and  means  committee  provided,  however,
    19  that  any  expenditures  from  any appropriation in this act made by the
    20  legislature or judiciary shall not require such certificate.

    21    § 14. All expenditures and disbursements made  against  the  appropri-
    22  ations in this act shall, upon final action by the legislature on appro-
    23  priation  bills submitted by the governor pursuant to article VII of the
    24  state constitution for the support of government for  the  state  fiscal
    25  year  beginning  April  1,  2023,  be  transferred by the comptroller as
    26  expenditures and disbursements to  such  appropriations  for  all  state
    27  departments and agencies, as applicable, in amounts equal to the amounts
    28  charged against the appropriations in this act for each such department,
    29  agency, and the legislature and the judiciary.

    30    §  15. Severability clause. If any clause, sentence, paragraph, subdi-
    31  vision, section or part of this act shall be adjudged by  any  court  of
    32  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    33  impair, or invalidate the remainder thereof, but shall  be  confined  in
    34  its  operation  to the clause, sentence, paragraph, subdivision, section
    35  or part thereof directly involved in the controversy in which such judg-
    36  ment shall have been rendered. It is hereby declared to be the intent of
    37  the legislature that this act would  have  been  enacted  even  if  such
    38  invalid provisions had not been included herein.

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