Bill Text: NY S06340 | 2023-2024 | General Assembly | Introduced


Bill Title: Provides for emergency appropriation through April 20, 2023 for the support of government.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-04-17 - SUBSTITUTED BY A6550 [S06340 Detail]

Download: New_York-2023-S06340-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6340

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 17, 2023
                                       ___________

        Introduced by Sen. KRUEGER -- (at request of the Governor) -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Rules

        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; and to amend chapter
          122 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  122
    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
    18    personal  service,  including  liabilities

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12008-01-3

        S. 6340                             2

     1    incurred  prior  to  April 1, 2023, on the
     2    payrolls scheduled to be paid  during  the
     3    period April 1 through April [17] 20, 2023
     4    to  state  officers  and  employees of the
     5    executive branch, including the  governor,
     6    lieutenant   governor,   comptroller,  and
     7    attorney general, and to employees of  the
     8    legislature.   This   appropriation   also
     9    includes funding  for  payment  of  health
    10    care  and mental hygiene bonuses to eligi-
    11    ble  state  employees,  and  payments  for
    12    services  performed  by  mentally  ill  or
    13    developmentally disabled persons  who  are
    14    employed in state-operated special employ-
    15    ment,  work-for-pay  or sheltered workshop
    16    programs .................... [458,000,000]  714,000,000
    17                                --------------

    18    § 3. Section 3 of chapter 121 of the laws of 2023, relating to  making
    19  appropriations  for the support of government, as amended by chapter 122
    20  of the laws of 2023, is amended to read as follows:
    21    § 3. The amount specified in this section, or so much thereof as shall
    22  be sufficient to accomplish the purpose designated, is hereby  appropri-
    23  ated  and  authorized  to be paid as hereinafter provided, to the public
    24  officers and for the purpose specified, which amount shall be  available
    25  for the state fiscal year beginning April 1, 2023.

    26                     ALL STATE DEPARTMENTS AND AGENCIES

    27  For  the  payment  of  state  operations non
    28    personal service liabilities to the execu-
    29    tive branch,  including  the  comptroller,
    30    and the attorney general, and legislature,
    31    incurred  in  the ordinary course of busi-
    32    ness, during the period  April  1  through
    33    April  [17] 20, 2023, pursuant to existing
    34    state law and for purposes for  which  the
    35    legislature  authorized the expenditure of
    36    moneys during the 2022-2023  state  fiscal
    37    year;   provided,  however,  that  nothing
    38    contained herein shall be deemed to  limit
    39    or  restrict  the  power  or  authority of
    40    state departments or agencies  to  conduct
    41    their  activities or operations in accord-
    42    ance  with  existing  law,   and   further
    43    provided  that  nothing  contained  herein
    44    shall be deemed to supersede,  nullify  or
    45    modify the provisions of section 40 of the
    46    state  finance law prescribing when appro-
    47    priations made  for  the  2022-2023  state
    48    fiscal  year  shall  have  ceased  to have
    49    force and effect ............. [22,000,000]   48,600,000
    50                                --------------

        S. 6340                             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 122
     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   [thirty   million   dollars
    11    ($30,000,000)] one hundred seventy million
    12    dollars ($170,000,000), or so much thereof
    13    as shall be sufficient to  accomplish  the
    14    purpose designated, is hereby appropriated
    15    for  contracts  and  grants  approved  for
    16    purposes for which the legislature author-
    17    ized the expenditures of money during  the
    18    2022-2023  fiscal  year.  An  amount up to
    19    [thirty million dollars ($30,000,000)] one
    20    hundred    seventy     million     dollars
    21    ($170,000,000)  shall be available for the
    22    payment of  capital  projects  liabilities
    23    incurred  during  the  period from April 1
    24    through April [17] 20, 2023 for  contracts
    25    and  grants  approved  prior  to  April 1,
    26    2023,  provided,  however,  that   nothing
    27    contained  herein shall be deemed to limit
    28    or restrict  the  power  or  authority  of
    29    state  departments  or agencies to conduct
    30    their activities or operations in  accord-
    31    ance   with   existing  law,  and  further
    32    provided  that  nothing  contained  herein
    33    shall  be deemed to supersede, nullify, or
    34    modify the provisions of section 40 of the
    35    state finance law prescribing when  appro-
    36    priations  made  for  the 2022-2023 fiscal
    37    year shall have ceased to have  force  and
    38    effect ...................................
    39    .............................. [30,000,000]  170,000,000
    40                                --------------

    41    §  5. Section 5 of chapter 121 of the laws of 2023, relating to making
    42  appropriations for the support of government, as amended by chapter  122
    43  of the laws of 2023, is amended to read as follows:
    44    § 5. The several amounts specified in this section, or so much thereof
    45  as shall be sufficient to accomplish the purposes designated, are hereby
    46  appropriated  and  authorized to be paid as hereinafter provided, to the
    47  respective public officers and for the several purposes specified, which
    48  amounts shall be available for the state fiscal year beginning April  1,
    49  2023.

    50                     ALL STATE DEPARTMENTS AND AGENCIES

    51  The    sum    of   [five   million   dollars

        S. 6340                             4

     1    ($5,000,000)]   thirty   million   dollars
     2    ($30,000,000), or so much thereof as shall
     3    be  sufficient  to  accomplish the purpose
     4    designated,  is  hereby  appropriated  for
     5    contracts and grants  approved  for  which
     6    the  legislature  authorized  the expendi-
     7    tures of money during the 2022-2023 fiscal
     8    year.  An  amount  up  to  [five   million
     9    dollars   ($5,000,000)]   thirty   million
    10    dollars ($30,000,000) shall  be  available
    11    for   the   payment  of  capital  projects
    12    liabilities  incurred  during  the  period
    13    from  April  1 through April [17] 20, 2023
    14    for contracts and  grants  approved  after
    15    April  1,  2023,  provided,  however, that
    16    nothing contained herein shall  be  deemed
    17    to limit or restrict the power or authori-
    18    ty  of  state  departments  or agencies to
    19    conduct their activities or operations  in
    20    accordance  with existing law, and further
    21    provided  that  nothing  contained  herein
    22    shall  be deemed to supersede, nullify, or
    23    modify the provisions of section 40 of the
    24    state finance law prescribing when  appro-
    25    priations  made  for  the 2022-2023 fiscal
    26    year shall have ceased to have  force  and
    27    effect ........................ [5,000,000]   30,000,000
    28                                --------------

    29    §  6. Section 6 of chapter 121 of the laws of 2023, relating to making
    30  appropriations for the support of government, as amended by chapter  122
    31  of the laws of 2023, is amended to read as follows:
    32    §  6.  The  amounts  specified  in this section, or so much thereof as
    33  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    34  appropriated  and  authorized to be paid as hereinafter provided, to the
    35  public officers and for the purposes specified, which  amount  shall  be
    36  available for the state fiscal year beginning April 1, 2023.

    37             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES

    38                            GENERAL STATE CHARGES

    39                              STATE OPERATIONS
    40  GENERAL STATE CHARGES ......................  [524,660,000]  559,815,000
    41                                              --------------

    42    General Fund
    43    State Purposes Account - 10050

    44  For  employee  fringe  benefits according to
    45    the following project  schedule  including
    46    those   benefits   which  are  related  to
    47    employees paid from  funds,  accounts,  or
    48    programs  where the division of the budget
    49    has issued waivers .......... [522,460,000]  556,440,000

        S. 6340                             5

     1                Project Schedule
     2  PROJECT                               AMOUNT
     3  --------------------------------------------
     4  For  the  state's contribution
     5    to   the   social   security
     6    contribution fund ..........
     7    ................ [42,000,000]   70,000,000
     8  For   the   state's  share  of
     9    contributions to the  volun-
    10    tary   defined  contribution
    11    plan  made  on   behalf   of
    12    eligible  employees pursuant
    13    to chapter 18 of the laws of
    14    2012 who  elect  to  partic-
    15    ipate  in  such plan and who
    16    are not  otherwise  eligible
    17    to   participate in the SUNY
    18    optional retirement  program
    19    ................... [460,000]      690,000
    20  For the  state's  contribution
    21    to the health insurance fund
    22    and deposit into the retiree
    23    health  benefit  trust  fund
    24    pursuant to section 99-aa of
    25    the state finance  law.  The
    26    state's  share of the health
    27    insurance program  dividends
    28    shall  be  available  to pay
    29    for the premiums in 2023-24 .. 400,000,000
    30  For  payments  to  the   state
    31    insurance  fund for workers'
    32    compensation  benefits   and
    33    other    related    workers'
    34    compensation costs prior  to
    35    or    after    they   become
    36    incurred including  but  not
    37    limited   to   the  benefits
    38    defined in chapters 302  and
    39    303 of the laws of 1985 ....... 45,000,000
    40  For  the  state's contribution
    41    to  employee  benefit   fund
    42    programs ...................... 35,000,000
    43  For  the  state's contribution
    44    to the dental insurance plan ... 4,250,000
    45  For the  state's  contribution
    46    to the vision care plan ........ 1,500,000
    47                                --------------
    48      Project schedule total ...
    49        ........... [522,460,000]  556,440,000
    50                  --------------

    51  For the payment of the metropolitan commuter
    52    transportation  mobility  tax  pursuant to
    53    article 23 of the  tax  law  as  added  by
    54    chapter  25  of the laws of 2009 on behalf
    55    of the state  employees  employed  in  the

        S. 6340                             6

     1    metropolitan    commuter    transportation
     2    district ...................... [2,200,000]    3,300,000
     3                                --------------

     4  For payment of claims for damage to personal
     5    or real property or for bodily injuries or
     6    wrongful death caused by officers, employ-
     7    ees, or other authorized persons providing
     8    service  to state government while provid-
     9    ing such service, and the state university
    10    construction fund while acting within  the
    11    scope of their employment, and while oper-
    12    ating motor vehicles, and for any individ-
    13    uals  operating  motor  vehicles which are
    14    assigned on a permanent basis  with  unre-
    15    stricted use to state officers and employ-
    16    ees   when   the   person  is  permanently
    17    assigned the motor vehicle (80559) .............. 75,000
    18                                              --------------

    19    § 7. Section 7 of chapter 121 of the laws of 2023, relating to  making
    20  appropriations  for the support of government, as amended by chapter 122
    21  of the laws of 2023, is amended to read as follows:
    22    § 7. 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                                  JUDICIARY

    28  For  the  purpose  of  making  payments  for
    29    personal  service,  including  liabilities
    30    incurred prior to April 1,  2023,  on  the
    31    payrolls  scheduled  to be paid during the
    32    period April 1 through April [17] 20, 2023
    33    to officers and employees of the judiciary
    34    ............................................. 65,000,000
    35  For the payment of state operations  nonper-
    36    sonal  service  liabilities,  the  sum  of
    37    fifty million dollars ($50,000,000), or so
    38    much thereof as  shall  be  sufficient  to
    39    accomplish   the  purpose  designated,  is
    40    hereby appropriated to the  judiciary  out
    41    of any moneys in the general fund or other
    42    funds  to the credit of the state purposes
    43    account not  otherwise  appropriated.  The
    44    comptroller   is   hereby  authorized  and
    45    directed to utilize this appropriation for
    46    the purpose of making  payments  for  non-
    47    personal  service  liabilities incurred by
    48    the judiciary from April 1  through  April
    49    [17] 20, 2023 ............................... 50,000,000
    50  For the payment of aid to localities liabil-
    51    ities,  the sum of fifteen million dollars
    52    ($15,000,000), or so much thereof as shall

        S. 6340                             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 aid to localities liabilities
    10    incurred by the  judiciary  from  April  1
    11    through April [17] 20, 2023 ................. 15,000,000
    12  For  the  payment of employee fringe benefit
    13    programs including, but  not  limited  to,
    14    the   judiciary's   contributions  to  the
    15    health  insurance  fund,  the   employees'
    16    retirement   system  pension  accumulation
    17    fund,  the  social  security  contribution
    18    fund,  employee benefit fund programs, the
    19    dental insurance  plan,  the  vision  care
    20    plan, the unemployment insurance fund, and
    21    for  workers'  compensation  benefits, the
    22    sum  of  [seventy-five   million   dollars
    23    ($75,000,000)]   two   hundred  eighty-one
    24    million dollars ($281,000,000), or so much
    25    thereof as shall be sufficient  to  accom-
    26    plish  the  purpose  designated, is hereby
    27    appropriated to the judiciary out  of  any
    28    moneys  in the general fund or other funds
    29    to  the  credit  of  the  state   purposes
    30    account  not  otherwise  appropriated. The
    31    comptroller  is  hereby   authorized   and
    32    directed to utilize this appropriation for
    33    the purpose of making payments for employ-
    34    ee  fringe benefit liabilities incurred by
    35    the judiciary from April 1  through  April
    36    [10] 20, 2023 ................ [75,000,000]  281,000,000

    37    §  8. Section 8 of chapter 122 of the laws of 2023, relating to making
    38  appropriations for the support of government,  is  amended  to  read  as
    39  follows:
    40    § 8. The amount specified in this section, or so much thereof as shall
    41  be  sufficient to accomplish the purpose designated, is hereby appropri-
    42  ated and authorized to be paid as hereinafter provided,  to  the  public
    43  officers  and for the purpose specified, which amount shall be available
    44  for the state fiscal year beginning April 1, 2023.

    45                       DEPARTMENT OF FAMILY ASSISTANCE
    46                OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

    47                              AID TO LOCALITIES

    48  EMPLOYMENT AND INCOME SUPPORT PROGRAM ...................... 235,416,000
    49                                                            --------------

    50    General Fund
    51    Local Assistance Account - 10000

        S. 6340                             8

     1  For state reimbursement of  the  safety  net
     2    assistance program as established pursuant
     3    to  chapter  436  of  the  laws  of  1997.
     4    Notwithstanding section 153 of the  social
     5    services  law  or  any  other inconsistent
     6    provision of law, funds appropriated here-
     7    in shall reimburse 29  percent  of  safety
     8    net assistance expenditures, including the
     9    cost  of providing shelter supplements for
    10    safety net assistance households at  local
    11    option,   including   eligible  households
    12    containing a household member who has been
    13    released from prison, in order to  prevent
    14    eviction   and   address  homelessness  in
    15    accordance with social  services  district
    16    plans  approved by the office of temporary
    17    and disability assistance and the director
    18    of the budget, provided, however, that  in
    19    social  services  districts  with  a popu-
    20    lation  over  five  million   no   shelter
    21    supplements  other  than [those to prevent
    22    eviction]  the  family  homelessness   and
    23    eviction  prevention  supplement  shall be
    24    reimbursed, provided however funds  appro-
    25    priated herein shall only be used to reim-
    26    burse  rental costs up to the maximum rent
    27    levels in place as  of  January  1,  2021,
    28    then  adjusted  consistent with the annual
    29    year-over-year percentage changes in  fair
    30    market  rent,  provided,  however,  in the
    31    event of a decrease in  fair  market  rent
    32    the value of the maximum rent levels reim-
    33    bursed   with  funds  appropriated  herein
    34    shall not decrease and shall be set at the
    35    maximum rent levels established during the
    36    prior year, and further provided that such
    37    supplements shall not be part of the stan-
    38    dard of need pursuant to section 131-a  of
    39    the  social  services law. Funds appropri-
    40    ated  herein  shall  also   reimburse   29
    41    percent  of safety net assistance expendi-
    42    tures, in social services districts with a
    43    population over five million, for emergen-
    44    cy shelter, transportation,  or  nutrition
    45    payments which the district determines are
    46    necessary  to  establish or maintain inde-
    47    pendent living arrangements among  persons
    48    living   with   medically   diagnosed  HIV
    49    infection as defined by the AIDS institute
    50    of the state department of health and  who
    51    are  homeless  or  facing homelessness and
    52    for whom no viable and less costly  alter-
    53    native  to housing is available; provided,
    54    however, that  funds  appropriated  herein
    55    may  only be used for such purposes if the
    56    cost of such allowances are  not  eligible

        S. 6340                             9

     1    for reimbursement under medical assistance
     2    or   other  programs.  Funds  appropriated
     3    herein shall reimburse 29 percent of safe-
     4    ty  net assistance expenditures, in social
     5    services districts with  a  population  of
     6    five million or fewer, for emergency shel-
     7    ter  payments promulgated by the office of
     8    temporary and disability assistance  which
     9    the  district  determines are necessary to
    10    establish or maintain  independent  living
    11    arrangements  among  persons  living  with
    12    medically  diagnosed  HIV   infection   as
    13    defined by the AIDS institute of the state
    14    department  of health and who are homeless
    15    or facing homelessness  and  for  whom  no
    16    viable  and  less  costly  alternative  to
    17    housing is available;  provided,  however,
    18    that funds appropriated herein may only be
    19    used for such purposes if the cost of such
    20    allowances are not eligible for reimburse-
    21    ment  under  medical  assistance  or other
    22    programs. Funds appropriated herein  shall
    23    reimburse 29 percent of safety net assist-
    24    ance   expenditures,  in  social  services
    25    districts  with  a  population   of   five
    26    million  or  fewer,  for emergency shelter
    27    payments in excess of those promulgated by
    28    the office  of  temporary  and  disability
    29    assistance  but  not  exceeding  an amount
    30    reasonably approximate to 100  percent  of
    31    fair  market  rent,  at local option which
    32    the district determines are  necessary  to
    33    establish  or  maintain independent living
    34    arrangements  among  persons  living  with
    35    medically   diagnosed   HIV  infection  as
    36    defined by the AIDS institute of the State
    37    department of health and who are  homeless
    38    or  facing  homelessness  and  for whom no
    39    viable  and  less  costly  alternative  to
    40    housing  is  available; provided, however,
    41    that funds appropriated herein may only be
    42    used for such purposes if the cost of such
    43    allowances are not eligible for reimburse-
    44    ment under  medical  assistance  or  other
    45    programs.  Such emergency shelter payments
    46    shall only be made at local option and  in
    47    accordance  with  a  plan  approved by the
    48    office of temporary and disability assist-
    49    ance  and  the  director  of  the  budget.
    50    Provided, however, notwithstanding section
    51    153  of  the  social  services  law or any
    52    other inconsistent provision  of  law,  if
    53    necessary  funding,  as  determined by the
    54    director of the budget, is  secured  in  a
    55    social  services district from the medical
    56    assistance program by reducing the capita-

        S. 6340                            10

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

        S. 6340                            11

     1    inconsistent  provision  of law, if neces-
     2    sary funding, as determined by the  direc-
     3    tor  of the budget, is secured in a social
     4    services district from the medical assist-
     5    ance  program  by  reducing the capitation
     6    rates paid to medicaid managed care organ-
     7    izations by the amount of savings  result-
     8    ing from stably housing individuals living
     9    with  medically diagnosed HIV infection as
    10    defined by the AIDS institute of the state
    11    department of health, the social  services
    12    district shall make such payments of addi-
    13    tional  rental costs, for cases reimbursed
    14    under the safety net assistance and family
    15    assistance program, and the savings  shall
    16    be  used  to  reimburse 100 percent of the
    17    cost of the additional rental costs deter-
    18    mined  based  on  limiting  such  person's
    19    earned and/or unearned income contribution
    20    to 30 percent in social services districts
    21    with  a  population  of  five  million  or
    22    fewer, in accordance with a plan  approved
    23    by  the office of temporary and disability
    24    assistance and the director of the budget;
    25    provided further that reimbursement  shall
    26    be   provided  to  medicaid  managed  care
    27    organizations through adjustments to capi-
    28    tation rates should actual  gross  savings
    29    not  be  realized  as  determined  by  the
    30    director of the budget. Amounts  appropri-
    31    ated  herein  may  be  used  to enter into
    32    contracts with persons or entities author-
    33    ized pursuant to subdivision [(i)] (j)  of
    34    section  17  of  the  social  services law
    35    consistent with federal law  and  require-
    36    ments.  Such  contracts will be consistent
    37    with subdivision [(i)] (j) of  section  17
    38    of  the social services law. Notwithstand-
    39    ing section 153 of the social services law
    40    or any  other  inconsistent  provision  of
    41    law,  the  office may reduce reimbursement
    42    otherwise  payable  to   social   services
    43    districts  to  recover 29 percent of costs
    44    incurred by the  office  for  expenditures
    45    related   to   subdivision  [(i)]  (j)  of
    46    section 17 of  the  social  services  law.
    47    Such funds are to be available for payment
    48    of  aid heretofore accrued or hereafter to
    49    accrue to municipalities. Subject  to  the
    50    approval  of  the  director of the budget,
    51    such  funds  shall  be  available  to  the
    52    office of temporary and disability assist-
    53    ance   net   of   disallowances,  refunds,
    54    reimbursements,  and  credits,   including
    55    those  related to title IV-E of the social
    56    security  act;  and  including,  but   not

        S. 6340                            12

     1    limited   to,   additional  federal  funds
     2    resulting from any changes in federal cost
     3    allocation methodologies.  Notwithstanding
     4    any  inconsistent  provision  of  law, the
     5    amount   herein   appropriated   may    be
     6    increased or decreased by interchange with
     7    any  other appropriation within the office
     8    of  temporary  and  disability  assistance
     9    general  fund  -  local assistance account
    10    with the approval of the director  of  the
    11    budget,  who shall file such approval with
    12    the department of audit  and  control  and
    13    copies  thereof  with  the chairman of the
    14    senate finance committee and the  chairman
    15    of  the assembly ways and means committee.
    16    Social   services   districts   shall   be
    17    required to report to the office of tempo-
    18    rary and disability assistance on an annu-
    19    al  basis,  information, as determined and
    20    requested  by  the  office,   related   to
    21    services   and   expenditures   for  which
    22    reimbursement  is  sought  for   providing
    23    temporary  housing  assistance to homeless
    24    individuals and families. Such information
    25    shall be submitted electronically  to  the
    26    extent   feasible  as  determined  by  the
    27    office, and  shall  be  used  to  evaluate
    28    expenditures   by   such  social  services
    29    districts for the provision  of  temporary
    30    housing  assistance  for homeless individ-
    31    uals and families. Notwithstanding section
    32    153 of the social  services  law,  or  any
    33    other  inconsistent  provision of law, the
    34    office of temporary and disability assist-
    35    ance may withhold or  deny  reimbursement,
    36    in   whole  or  in  part,  to  any  social
    37    services district that fails to develop or
    38    submit a homeless services plan subject to
    39    the approval of the  office  of  temporary
    40    and   disability   assistance,   fails  to
    41    provide homeless services and outreach  in
    42    accordance   with  its  approved  homeless
    43    services plan,  or  fails  to  develop  or
    44    submit  homeless services outcome reports,
    45    consistent with those requirements promul-
    46    gated by the office of temporary and disa-
    47    bility assistance. Notwithstanding section
    48    153 of the social  services  law,  or  any
    49    other  inconsistent provision of law, such
    50    appropriation  shall  be   available   for
    51    reimbursement  of  eligible costs incurred
    52    on or after January  1,  2023  and  before
    53    January  1, 2024, that are otherwise reim-
    54    bursable by the state on or after April 1,
    55    2023, that are claimed by March  1,  2024.

        S. 6340                            13

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

    26    Special Revenue Funds - Federal
    27    Federal Health and Human Services Fund
    28    Temporary Assistance for Needy Families Account - 25178

    29  For  reimbursement of the cost of the family
    30    assistance and the emergency assistance to
    31    families programs. Notwithstanding section
    32    153 of the  social  services  law  or  any
    33    inconsistent   provision   of  law,  funds
    34    appropriated  herein  shall  be   provided
    35    without   state   or  local  participation
    36    except that for social services  districts
    37    with a population of five million or more,
    38    reimbursement will be eighty-five percent.
    39    Funds   appropriated   herein  shall  also
    40    include  the  cost  of  providing  shelter
    41    supplements  for  family assistance house-
    42    holds at local option, including  eligible
    43    households  containing  a household member
    44    who has  been  released  from  prison,  in
    45    order  to  prevent  eviction  and  address
    46    homelessness  in  accordance  with  social
    47    services  district  plans  approved by the
    48    office of temporary and disability assist-
    49    ance  and  the  director  of  the  budget,
    50    provided, however, that in social services
    51    districts  with  a  population  over  five
    52    million no shelter supplements other  than
    53    [those  to  prevent  eviction]  the family
    54    homelessness   and   eviction   prevention

        S. 6340                            14

     1    supplement  shall  be reimbursed, provided
     2    however funds  appropriated  herein  shall
     3    only  be used to reimburse rental costs up
     4    to  the maximum rent levels in place as of
     5    January 1, 2021, then adjusted  consistent
     6    with  the annual year-over-year percentage
     7    changes in  fair  market  rent,  provided,
     8    however,  in  the  event  of a decrease in
     9    fair market rent the value of the  maximum
    10    rent  levels  reimbursed with funds appro-
    11    priated  herein  shall  not  decrease  and
    12    shall  be  set  at the maximum rent levels
    13    established during  the  prior  year,  and
    14    further  provided  that  such  supplements
    15    shall not be part of the standard of  need
    16    pursuant  to  section  131-a of the social
    17    services law.  Funds  appropriated  herein
    18    shall also reimburse for family assistance
    19    expenditures for emergency shelter, trans-
    20    portation, or nutrition payments which the
    21    district   determines   are  necessary  to
    22    establish or maintain  independent  living
    23    arrangements  among  persons  living  with
    24    medically  diagnosed  HIV   infection   as
    25    defined by the AIDS institute of the State
    26    department  of health and who are homeless
    27    or facing homelessness  and  for  whom  no
    28    viable  and  less  costly  alternative  to
    29    housing is available;  provided,  however,
    30    that funds appropriated herein may only be
    31    used for such purposes if the cost of such
    32    allowances are not eligible for reimburse-
    33    ment  under  medical  assistance  or other
    34    programs.   For   persons   living    with
    35    medically   diagnosed   HIV  infection  as
    36    defined by the AIDS institute of the state
    37    department of  health  who  are  receiving
    38    public assistance funds appropriated here-
    39    in  shall  not  be  used  to reimburse the
    40    additional rental costs  determined  based
    41    on  limiting  such  person's earned and/or
    42    unearned   income   contribution   to   30
    43    percent.  Amounts  appropriated herein may
    44    be  used  to  enter  into  contracts  with
    45    persons or entities authorized pursuant to
    46    subdivision [(i)] (j) of section 17 of the
    47    social services law consistent with feder-
    48    al  law  and  requirements. Such contracts
    49    will be made consistent  with  subdivision
    50    [(i)]  (j)  of  section  17  of the social
    51    services law. Notwithstanding section  153
    52    of  the  social  services law or any other
    53    inconsistent provision of law, the  office
    54    may reduce reimbursement otherwise payable
    55    to  social  services  districts to recover
    56    the federal share of costs incurred by the

        S. 6340                            15

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

        S. 6340                            16

     1    bility assistance. Notwithstanding section
     2    153 of the social  services  law,  or  any
     3    other  inconsistent provision of law, such
     4    appropriation   shall   be  available  for
     5    reimbursement of eligible  costs  incurred
     6    on  or  after  January  1, 2023 and before
     7    January 1, 2024, that are otherwise  reim-
     8    bursable by the state on or after April 1,
     9    2023,  that  are claimed by March 1, 2024.
    10    Such reimbursement shall constitute  total
    11    federal reimbursement for activities fund-
    12    ed  herein  in  state  fiscal year 2023-24
    13    (52203) .................................... 125,000,000

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

    19                    DEPARTMENT OF AGRICULTURE AND MARKETS

    20                              AID TO LOCALITIES

    21  AGRICULTURAL BUSINESS SERVICES PROGRAM ......................... 348,000
    22                                                            --------------

    23    General Fund
    24    Local Assistance Account - 10000

    25  Notwithstanding any law to the contrary, for
    26    services, expenses and  grants,  including
    27    but  not limited to (a) the New York state
    28    veterinary  diagnostic   laboratory,   (b)
    29    research   and   development   at  Cornell
    30    university, (c) education and outreach  at
    31    Cornell  university, (d) the New York farm
    32    viability institute, (e) the promotion  of
    33    agricultural economic development, and (f)
    34    agricultural  access,  education and work-
    35    force support, pursuant to a plan prepared
    36    by the commissioner of the  department  of
    37    agriculture  and  markets  and approved by
    38    the director of the budget.  Funds  hereby
    39    appropriated  shall  be  available  to the
    40    program   net   of    refunds,    rebates,
    41    reimbursements   and  credits.  All  or  a
    42    portion  of  this  appropriation  may   be
    43    suballocated   to  any  state  department,
    44    agency, or public authority .................... 348,000
    45                                              --------------

    46    § 10. Section 8 of chapter 121 of the laws of 2023, relating to making
    47  appropriations for the support of government, as amended by chapter  122
    48  of the laws of 2023, is amended to read as follows:

        S. 6340                            17

     1    §  8.  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 HEALTH

     7                              AID TO LOCALITIES

     8  CENTER FOR COMMUNITY HEALTH PROGRAM .......... [19,200,000]   35,093,000
     9                                              --------------

    10    General Fund
    11    Local Assistance Account - 10000

    12  For  services  and  expenses  related to the
    13    Indian health program. The  moneys  hereby
    14    appropriated   shall  be  for  payment  of
    15    financial assistance heretofore accrued or
    16    hereafter to accrue (26840) ... [3,200,000]    6,400,000
    17                                --------------

    18    Special Revenue Funds - Federal
    19    Federal USDA-Food and Nutrition Services Fund
    20    Federal Food and Nutrition Services Account - 25022

    21  For various  federal  food  and  nutritional
    22    services.  The  moneys hereby appropriated
    23    shall be available for payment  of  finan-
    24    cial assistance heretofore accrued (26986)
    25    .............................. [16,000,000]   19,693,000
    26                                --------------

    27  [MEDICAL ASSISTANCE PROGRAM] HEALTH CARE REFORM ACT PROGRAM .. 9,000,000
    28                                                            --------------

    29    [General Fund
    30    Local Assistance Account - 10000]
    31    Special Revenue Funds - Other
    32    HCRA Resources Fund
    33    HCRA Program Account - 20807

    34  For transfer to health research incorporated
    35    (HRI)   for   the   AIDS  drug  assistance
    36    program, including payments to Ryan  White
    37    centers (29880) .............................. 9,000,000

    38    §  11.  Section  10  of  chapter  122 of the laws of 2023, relating to
    39  making appropriations for the support of government, is amended to  read
    40  as follows:
    41    §  10.  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.

        S. 6340                            18

     1                             DEPARTMENT OF LABOR

     2                              AID TO LOCALITIES

     3  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [400,000,000]  544,000,000
     4                                              --------------

     5    Enterprise Funds
     6    Unemployment Insurance Benefit Fund
     7    Unemployment Insurance Benefit Account - 50650

     8  For  payment of unemployment insurance bene-
     9    fits pursuant to article 18 of  the  labor
    10    law   or  as  authorized  by  the  federal
    11    government through the disaster  unemploy-
    12    ment  assistance  program,  the  emergency
    13    unemployment  compensation  program,   the
    14    extended   benefit  program,  the  federal
    15    additional  compensation  program  or  any
    16    other  federally funded unemployment bene-
    17    fit program (34787) ......... [400,000,000]  544,000,000

    18    § 12. Section 10 of chapter 121 of  the  laws  of  2023,  relating  to
    19  making  appropriations for the support of government, is amended to read
    20  as follows:
    21    § 10. The amount specified in this section,  or  so  much  thereof  as
    22  shall  be  sufficient  to  accomplish  the purpose designated, is hereby
    23  appropriated and authorized to be paid as hereinafter provided,  to  the
    24  public  officers  and  for  the purpose specified, which amount shall be
    25  available for the state fiscal year beginning April 1, 2023.

    26                        DEPARTMENT OF MENTAL HYGIENE

    27              OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES

    28                              AID TO LOCALITIES

    29  COMMUNITY SERVICES PROGRAM .................. [173,054,000]  177,545,000
    30                                              --------------

    31    General Fund
    32    Local Assistance Account - 10000

    33  For services and expenses of  the  community
    34    services  program,  net  of disallowances,
    35    for community  programs  for  people  with
    36    developmental   disabilities  pursuant  to
    37    article 41  of  the  mental  hygiene  law,
    38    and/or  chapter  620  of the laws of 1974,
    39    chapter 660 of the laws of  1977,  chapter
    40    412 of the laws of 1981, chapter 27 of the
    41    laws  of  1987, chapter 729 of the laws of
    42    1989, chapter 329 of the laws of 1993  and
    43    other  provisions  of  the  mental hygiene
    44    law.  Notwithstanding   any   inconsistent
    45    provision  of law, the following appropri-

        S. 6340                            19

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

        S. 6340                            20

     1    determined  by  the  commissioner  for the
     2    personal needs of each client residing  in
     3    the family care home.
     4  Notwithstanding  the  provisions of subdivi-
     5    sion 12 of section 8 of the state  finance
     6    law  and  any other inconsistent provision
     7    of law, moneys from this appropriation may
     8    be used for expenses of family care  homes
     9    including  payments to operators of certi-
    10    fied family care homes for damages  caused
    11    by  clients  to personal and real property
    12    in accordance with  standards  established
    13    by  the  commissioner  and approved by the
    14    director of the budget.
    15  Notwithstanding any  inconsistent  provision
    16    of law, moneys from this appropriation may
    17    be   used   for  appropriate  day  program
    18    services and residential services  includ-
    19    ing,  but  not  limited to, direct housing
    20    subsidies   to    individuals,    start-up
    21    expenses  for family care providers, envi-
    22    ronmental modifications, adaptive technol-
    23    ogies,   appraisals,   property   options,
    24    feasibility   studies  and  preoperational
    25    expenses.
    26  Notwithstanding any  inconsistent  provision
    27    of law except pursuant to a chapter of the
    28    laws  of  2022  authorizing  a 5.4 percent
    29    cost of living adjustment, for the  period
    30    commencing  on  April  1,  2022 and ending
    31    March 31, 2023 the commissioner shall  not
    32    apply  any other cost of living adjustment
    33    for the purpose of establishing  rates  of
    34    payments,  contracts  or any other form of
    35    reimbursement.
    36  Notwithstanding section 6908 of  the  educa-
    37    tion  law  and any other provision of law,
    38    rule or regulation to the contrary, direct
    39    support staff  in  programs  certified  or
    40    approved  by  the  office  for people with
    41    developmental disabilities, including  the
    42    home  and  community based services waiver
    43    programs that the office for  people  with
    44    developmental  disabilities  is authorized
    45    to administer with federal approval pursu-
    46    ant to subdivision (c) of section 1915  of
    47    the   federal  social  security  act,  are
    48    authorized to provide such tasks as  OPWDD
    49    may   specify  when  performed  under  the
    50    supervision,   training    and    periodic
    51    inspection  of  a  registered professional
    52    nurse and in accordance with an authorized
    53    practitioner's ordered care.
    54  Notwithstanding any other provision  of  law
    55    to   the  contrary,  and  consistent  with
    56    section 33.07 of the mental  hygiene  law,

        S. 6340                            21

     1    the  directors  of facilities licensed but
     2    not operated by the office for people with
     3    developmental  disabilities  who  act   as
     4    federally-appointed  representative payees
     5    and who assume  management  responsibility
     6    over  the funds of a resident may continue
     7    to use such funds  for  the  cost  of  the
     8    resident's  care and treatment, consistent
     9    with federal law and regulations.
    10  Funds appropriated herein shall be available
    11    in accordance with the following:
    12  Notwithstanding any  inconsistent  provision
    13    of  law,  the  director  of  the budget is
    14    authorized  to  make  suballocations  from
    15    this  appropriation  to  the department of
    16    health medical assistance program.
    17  Notwithstanding any  inconsistent  provision
    18    of  law,  and  pursuant to criteria estab-
    19    lished by the commissioner of  the  office
    20    for people with developmental disabilities
    21    and  approved by the director of the budg-
    22    et, expenditures may  be  made  from  this
    23    appropriation  for  residential facilities
    24    which  are  pending   recertification   as
    25    intermediate  care  facilities  for people
    26    with developmental disabilities.
    27  Notwithstanding the  provisions  of  section
    28    41.36  of  the  mental hygiene law and any
    29    other  inconsistent  provision   of   law,
    30    moneys from this appropriation may be used
    31    for  payment  up  to  $250  per  year  per
    32    client, at such times and in  such  manner
    33    as  determined  by the commissioner on the
    34    basis of financial need for  the  personal
    35    needs of each client residing in voluntary
    36    operated  community  residences and volun-
    37    tary-operated community residential alter-
    38    natives, including individualized residen-
    39    tial  alternatives  under  the  home   and
    40    community   based   services  waiver.  The
    41    commissioner   shall,   subject   to   the
    42    approval  of  the  director of the budget,
    43    alter existing advance  payment  schedules
    44    for   voluntary-operated  community  resi-
    45    dences  established  pursuant  to  section
    46    41.36 of the mental hygiene law.  Notwith-
    47    standing any inconsistent provision of law
    48    moneys from this appropriation may be used
    49    for  the  operation  of  clinics  licensed
    50    pursuant  to  article  16  of  the  mental
    51    hygiene law including, but not limited to,
    52    supportive   and   habilitative   services
    53    consistent with  the  home  and  community
    54    based   services  waiver.  Notwithstanding
    55    sections 112 and 163 of the state  finance
    56    law and section 142 of the economic devel-

        S. 6340                            22

     1    opment  law,  or  any  other  inconsistent
     2    provision of law,  funds  appropriated  to
     3    the  department  of  health  in accordance
     4    with  a schedule based upon approved Medi-
     5    caid claims for eligible home and communi-
     6    ty-based  services,  or   other   approved
     7    services  as defined in section nine thou-
     8    sand eight hundred and  seventeen  of  the
     9    American  rescue  plan  act  of 2021, from
    10    April 1, 2021 through March 31,  2023  and
    11    made available by the department of health
    12    via  sub-allocation  or  transfer of up to
    13    $740,000,000 may be allocated and distrib-
    14    uted by the commissioner of the office for
    15    people  with  developmental  disabilities,
    16    subject to approval of the director of the
    17    budget,   without  a  competitive  bid  or
    18    request  for  proposal  process  for   the
    19    services  and expenses of qualified appli-
    20    cants. All awards will be granted  utiliz-
    21    ing  criteria  established  by the commis-
    22    sioner  of  the  office  for  people  with
    23    developmental  disabilities  to strengthen
    24    and  enhance  home   and   community-based
    25    services   consistent  with  the  American
    26    rescue plan act of 2021.
    27  For the state share  of  medical  assistance
    28    services  expenses incurred by the depart-
    29    ment  of  health  for  the  provision   of
    30    medical assistance services to people with
    31    developmental disabilities (37835) ......... 152,106,000
    32  For  services  and expenses of the community
    33    services program,  net  of  disallowances,
    34    for  community  programs  for  people with
    35    developmental  disabilities  pursuant   to
    36    article  41  of  the  mental  hygiene law,
    37    and/or chapter 620 of the  laws  of  1974,
    38    chapter  660  of the laws of 1977, chapter
    39    412 of the laws of 1981, chapter 27 of the
    40    laws of 1987, chapter 729 of the  laws  of
    41    1989,  chapter 329 of the laws of 1993 and
    42    other provisions  of  the  mental  hygiene
    43    law.   Notwithstanding   any  inconsistent
    44    provision of law, the following  appropri-
    45    ation shall be net of prior and/or current
    46    year refunds, rebates, reimbursements, and
    47    credits.
    48  Notwithstanding  any other provision of law,
    49    advances and reimbursement  made  pursuant
    50    to  subdivision  (d)  of section 41.15 and
    51    section 41.18 of the  mental  hygiene  law
    52    shall  be allocated pursuant to a plan and
    53    in a manner prescribed by the agency  head
    54    and  approved by the director of the budg-
    55    et. The  moneys  hereby  appropriated  are
    56    available  to reimburse or advance locali-

        S. 6340                            23

     1    ties and voluntary non-profit agencies for
     2    expenditures  made  during  local   fiscal
     3    periods  commencing January 1, 2022, April
     4    1,  2022 or July 1, 2022, and for advances
     5    for the 3 month period  beginning  January
     6    1, 2023.
     7  Notwithstanding the provisions of article 41
     8    of  the  mental  hygiene  law or any other
     9    inconsistent provision  of  law,  rule  or
    10    regulation,  the commissioner, pursuant to
    11    such contract and in the  manner  provided
    12    therein,  may  pay all or a portion of the
    13    expenses incurred by such voluntary  agen-
    14    cies arising out of loans which are funded
    15    from  the  proceeds  of  bonds  and  notes
    16    issued by the dormitory authority  of  the
    17    state of New York.
    18  Notwithstanding  any other provision of law,
    19    the  money  hereby  appropriated  may   be
    20    transferred to state operations and/or any
    21    appropriation  of  the  office  for people
    22    with developmental disabilities  with  the
    23    approval of the director of the budget.
    24  Notwithstanding  any  inconsistent provision
    25    of law, moneys from this appropriation may
    26    be used for state aid of up to 100 percent
    27    of the net deficit costs of  day  training
    28    programs and family support services.
    29  Notwithstanding  the  provisions  of section
    30    16.23 of the mental hygiene  law  and  any
    31    other  inconsistent provision of law, with
    32    relation to  the  operation  of  certified
    33    family  care  homes, including family care
    34    homes sponsored by voluntary  not-for-pro-
    35    fit  agencies,  moneys from this appropri-
    36    ation may be used for payments to purchase
    37    general services including but not limited
    38    to respite providers, up to a maximum of 5
    39    days, at rates to be  established  by  the
    40    commissioner  and approved by the director
    41    of the budget in consideration of  factors
    42    including,  but not limited to, geographic
    43    area and number of clients  cared  for  in
    44    the  home  and  for  payment  in an amount
    45    determined by  the  commissioner  for  the
    46    personal  needs of each client residing in
    47    the family care home.
    48  Notwithstanding the provisions  of  subdivi-
    49    sion  12 of section 8 of the state finance
    50    law and any other  inconsistent  provision
    51    of law, moneys from this appropriation may
    52    be  used for expenses of family care homes
    53    including payments to operators of  certi-
    54    fied  family care homes for damages caused
    55    by clients to personal and  real  property
    56    in  accordance  with standards established

        S. 6340                            24

     1    by the commissioner and  approved  by  the
     2    director of the budget.
     3  Notwithstanding  any  inconsistent provision
     4    of law, moneys from this appropriation may
     5    be  used  for  appropriate   day   program
     6    services  and residential services includ-
     7    ing, but not limited  to,  direct  housing
     8    subsidies    to    individuals,   start-up
     9    expenses for family care providers,  envi-
    10    ronmental modifications, adaptive technol-
    11    ogies,   appraisals,   property   options,
    12    feasibility  studies  and   preoperational
    13    expenses.
    14  Notwithstanding  any  inconsistent provision
    15    of law except pursuant to a chapter of the
    16    laws of 2021  authorizing  a  5.4  percent
    17    cost  of living adjustment, for the period
    18    commencing on April  1,  2022  and  ending
    19    March  31, 2023 the commissioner shall not
    20    apply any other cost of living  adjustment
    21    for  the  purpose of establishing rates of
    22    payments, contracts or any other  form  of
    23    reimbursement.
    24  Notwithstanding  section  6908 of the educa-
    25    tion law and any other provision  of  law,
    26    rule or regulation to the contrary, direct
    27    support  staff  in  programs  certified or
    28    approved by the  office  for  people  with
    29    developmental  disabilities, including the
    30    home and community based  services  waiver
    31    programs  that  the office for people with
    32    developmental disabilities  is  authorized
    33    to administer with federal approval pursu-
    34    ant  to subdivision (c) of section 1915 of
    35    the  federal  social  security  act,   are
    36    authorized  to  provide  such tasks as the
    37    office for people with developmental disa-
    38    bilities may specify when performed  under
    39    the  supervision,  training  and  periodic
    40    inspection of  a  registered  professional
    41    nurse and in accordance with an authorized
    42    practitioner's ordered care.
    43  Notwithstanding  any  other provision of law
    44    to  the  contrary,  and  consistent   with
    45    section  33.07  of the mental hygiene law,
    46    the directors of facilities  licensed  but
    47    not operated by the office for people with
    48    developmental   disabilities  who  act  as
    49    federally-appointed representative  payees
    50    and  who  assume management responsibility
    51    over the funds of a resident may  continue
    52    to  use  such  funds  for  the cost of the
    53    resident's care and treatment,  consistent
    54    with federal law and regulations.

        S. 6340                            25

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

        S. 6340                            26

     1  For services and  expenses  related  to  the
     2    provision   of   residential  services  to
     3    people   with  developmental  disabilities
     4    (37802) ...................... [11,880,000]   14,427,000
     5  For services and  expenses  related  to  the
     6    provision   of  day  program  services  to
     7    people  with  developmental   disabilities
     8    (37803) ....................... [2,674,000]    3,247,000
     9  For  services  and  expenses  related to the
    10    provision of family  support  services  to
    11    people   with  developmental  disabilities
    12    (37804) ....................... [3,732,000]    4,533,000
    13  For services and  expenses  related  to  the
    14    provision  of  workshop,  day training and
    15    employment services to people with  devel-
    16    opmental disabilities. Notwithstanding any
    17    other  provision of law, up to $800,000 of
    18    this appropriation may be  transferred  to
    19    the  New York State Education Departments'
    20    Adult  Career  and  Continuing   Education
    21    Services   -   Vocational   Rehabilitation
    22    (ACCES-VR) program to  support  the  Long-
    23    Term Sheltered Employment program operated
    24    by  FEDCAP  Rehabilitation  Services, Inc.
    25    (37805) ....................... [2,154,000]    2,616,000
    26  For other services and expenses provided  to
    27    people   with  developmental  disabilities
    28    including but not limited to hepatitis  B,
    29    care  at  home  waiver, epilepsy services,
    30    Special Olympics New York, Inc. and volun-
    31    tary fingerprinting (37806) ..... [508,000]      616,000
    32                                --------------

    33    § 13. The amounts specified in this section, or  so  much  thereof  as
    34  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    35  appropriated and authorized to be paid as hereinafter provided,  to  the
    36  public  officers  and  for the purposes specified, which amount shall be
    37  available for the state fiscal year beginning April 1, 2023.

    38                             DEPARTMENT OF STATE

    39                              AID TO LOCALITIES

    40  LOCAL GOVERNMENT AND COMMUNITY SERVICES PROGRAM ................ 541,000
    41                                                            --------------

    42    Special Revenue Funds - Federal
    43    Federal Health and Human Services Fund
    44    Federal Health and Human Services Account - 25127

    45  For allocations from the community  services
    46    block  grant  to community action agencies
    47    and  other  eligible  entities,  including
    48    suballocation  to  other state departments
    49    and agencies provided however, each recip-
    50    ient  of  funds  from  this  appropriation

        S. 6340                            27

     1    shall  not  be  required to secure a local
     2    share equivalent (51019) ....................... 541,000
     3                                              --------------

     4    §  14.  No expenditure may be made from any appropriation in this act,
     5  until a certificate of approval has been issued by the director  of  the
     6  budget  and  a  copy  of such certificate shall have been filed with the
     7  state comptroller, the chairman of the senate finance committee and  the
     8  chairman  of  the  assembly  ways and means committee provided, however,
     9  that any expenditures from any appropriation in this  act  made  by  the
    10  legislature or judiciary shall not require such certificate.

    11    §  15.  All  expenditures and disbursements made against the appropri-
    12  ations in this act shall, upon final action by the legislature on appro-
    13  priation bills submitted by the governor pursuant to article VII of  the
    14  state  constitution  for  the support of government for the state fiscal
    15  year beginning April 1, 2023,  be  transferred  by  the  comptroller  as
    16  expenditures  and  disbursements  to  such  appropriations for all state
    17  departments and agencies, as applicable, in amounts equal to the amounts
    18  charged against the appropriations in this act for each such department,
    19  agency, and the legislature and the judiciary.

    20    § 16. Severability clause. If any clause, sentence, paragraph,  subdi-
    21  vision,  section  or  part of this act shall be adjudged by any court of
    22  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    23  impair,  or  invalidate  the remainder thereof, but shall be confined in
    24  its operation to the clause, sentence, paragraph,  subdivision,  section
    25  or part thereof directly involved in the controversy in which such judg-
    26  ment shall have been rendered. It is hereby declared to be the intent of
    27  the  legislature  that  this  act  would  have been enacted even if such
    28  invalid provisions had not been included herein.

    29    § 17. This act shall take effect immediately and shall  be  deemed  to
    30  have been in full force and effect on and after April 1, 2023; provided,
    31  however, that upon the transfer of expenditures and disbursements by the
    32  comptroller  as  provided  in section fifteen of this act, the appropri-
    33  ations made by this act and subject to  such  section  shall  be  deemed
    34  repealed.
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