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. LBD12009-01-3A. 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 forA. 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 ............................... 50,000,000A. 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 - 10000A. 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 - 20807A. 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 - 10000A. 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, withA. 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 withA. 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 schedulesA. 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 inconsistentA. 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 inA. 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 financeA. 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 LOCALITIESA. 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.
