Bill Text: NY A06595 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for emergency appropriation through April 28, 2023 for the support of government.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-24 - substituted by s6480 [A06595 Detail]
Download: New_York-2023-A06595-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6595 2023-2024 Regular Sessions IN ASSEMBLY April 24, 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; to amend chapter 124 of the laws of 2023, relating to making appropriations for the support of govern- ment, in relation thereto; and to amend chapter 125 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 125 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12010-03-3A. 6595 2 1 ALL STATE DEPARTMENTS AND AGENCIES 2 For the purpose of making payments for 3 personal service, including liabilities 4 incurred prior to April 1, 2023, on the 5 payrolls scheduled to be paid during the 6 period April 1 through April [24] 28, 2023 7 to state officers and employees of the 8 executive branch, including the governor, 9 lieutenant governor, comptroller, and 10 attorney general, and to employees of the 11 legislature. This appropriation also 12 includes funding for payment of health 13 care and mental hygiene bonuses to eligi- 14 ble state employees, and payments for 15 services performed by mentally ill or 16 developmentally disabled persons who are 17 employed in state-operated special employ- 18 ment, work-for-pay or sheltered workshop 19 programs ................... [716,700,000] 1,069,700,000 20 -------------- 21 § 3. Section 3 of chapter 121 of the laws of 2023, relating to making 22 appropriations for the support of government, as amended by chapter 125 23 of the laws of 2023, is amended to read as follows: 24 § 3. The amount specified in this section, or so much thereof as shall 25 be sufficient to accomplish the purpose designated, is hereby appropri- 26 ated and authorized to be paid as hereinafter provided, to the public 27 officers and for the purpose specified, which amount shall be available 28 for the state fiscal year beginning April 1, 2023. 29 ALL STATE DEPARTMENTS AND AGENCIES 30 For the payment of state operations non 31 personal service liabilities to the execu- 32 tive branch, including the comptroller, 33 and the attorney general, and legislature, 34 incurred in the ordinary course of busi- 35 ness, during the period April 1 through 36 April [24] 28, 2023, pursuant to existing 37 state law and for purposes for which the 38 legislature authorized the expenditure of 39 moneys during the 2022-2023 state fiscal 40 year; provided, however, that nothing 41 contained herein shall be deemed to limit 42 or restrict the power or authority of 43 state departments or agencies to conduct 44 their activities or operations in accord- 45 ance with existing law, and further 46 provided that nothing contained herein 47 shall be deemed to supersede, nullify or 48 modify the provisions of section 40 of the 49 state finance law prescribing when appro- 50 priations made for the 2022-2023 state 51 fiscal year shall have ceased to have 52 force and effect ............................ 48,600,000A. 6595 3 1 -------------- 2 § 4. Section 4 of chapter 121 of the laws of 2023, relating to making 3 appropriations for the support of government, as amended by chapter 125 4 of the laws of 2023, is amended to read as follows: 5 § 4. The amounts specified in this section, or so much thereof as 6 shall be sufficient to accomplish the purposes designated, is hereby 7 appropriated and authorized to be paid as hereinafter provided, to the 8 public officers and for the purposes specified, which amount shall be 9 available for the state fiscal year beginning April 1, 2023. 10 ALL STATE DEPARTMENTS AND AGENCIES 11 The sum of 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 one 19 hundred seventy million dollars 20 ($170,000,000) shall be available for the 21 payment of capital projects liabilities 22 incurred during the period from April 1 23 through April [24] 28, 2023 for contracts 24 and grants approved prior to April 1, 25 2023, provided, however, that nothing 26 contained herein shall be deemed to limit 27 or restrict the power or authority of 28 state departments or agencies to conduct 29 their activities or operations in accord- 30 ance with existing law, and further 31 provided that nothing contained herein 32 shall be deemed to supersede, nullify, or 33 modify the provisions of section 40 of the 34 state finance law prescribing when appro- 35 priations made for the 2022-2023 fiscal 36 year shall have ceased to have force and 37 effect ..................................... 170,000,000 38 -------------- 39 § 5. Section 5 of chapter 121 of the laws of 2023, relating to making 40 appropriations for the support of government, as amended by chapter 125 41 of the laws of 2023, is amended to read as follows: 42 § 5. The several amounts specified in this section, or so much thereof 43 as shall be sufficient to accomplish the purposes designated, are hereby 44 appropriated and authorized to be paid as hereinafter provided, to the 45 respective public officers and for the several purposes specified, which 46 amounts shall be available for the state fiscal year beginning April 1, 47 2023. 48 ALL STATE DEPARTMENTS AND AGENCIES 49 The sum of thirty million dollars 50 ($30,000,000), or so much thereof as shallA. 6595 4 1 be sufficient to accomplish the purpose 2 designated, is hereby appropriated for 3 contracts and grants approved for which 4 the legislature authorized the expendi- 5 tures of money during the 2022-2023 fiscal 6 year. An amount up to thirty million 7 dollars ($30,000,000) shall be available 8 for the payment of capital projects 9 liabilities incurred during the period 10 from April 1 through April [24] 28, 2023 11 for contracts and grants approved after 12 April 1, 2023, provided, however, that 13 nothing contained herein shall be deemed 14 to limit or restrict the power or authori- 15 ty of state departments or agencies to 16 conduct their activities or operations in 17 accordance with existing law, and further 18 provided that nothing contained herein 19 shall be deemed to supersede, nullify, or 20 modify the provisions of section 40 of the 21 state finance law prescribing when appro- 22 priations made for the 2022-2023 fiscal 23 year shall have ceased to have force and 24 effect ...................................... 30,000,000 25 -------------- 26 § 6. Section 6 of chapter 121 of the laws of 2023, relating to making 27 appropriations for the support of government, as amended by chapter 124 28 of the laws of 2023, is amended to read as follows: 29 § 6. The amounts specified in this section, or so much thereof as 30 shall be sufficient to accomplish the purposes designated, is hereby 31 appropriated and authorized to be paid as hereinafter provided, to the 32 public officers and for the purposes specified, which amount shall be 33 available for the state fiscal year beginning April 1, 2023. 34 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 35 GENERAL STATE CHARGES 36 STATE OPERATIONS 37 GENERAL STATE CHARGES ...................... [559,815,000] 582,940,000 38 -------------- 39 General Fund 40 State Purposes Account - 10050 41 For employee fringe benefits according to 42 the following project schedule including 43 those benefits which are related to 44 employees paid from funds, accounts, or 45 programs where the division of the budget 46 has issued waivers .......... [556,440,000] 570,670,000 47 Project Schedule 48 PROJECT AMOUNT 49 --------------------------------------------A. 6595 5 1 For the state's contribution 2 to the social security 3 contribution fund .......... 4 ................ [70,000,000] 84,000,000 5 For the state's share of 6 contributions to the volun- 7 tary defined contribution 8 plan made on behalf of 9 eligible employees pursuant 10 to chapter 18 of the laws of 11 2012 who elect to partic- 12 ipate in such plan and who 13 are not otherwise eligible 14 to participate in the SUNY 15 optional retirement program 16 ................... [690,000] 920,000 17 For the state's contribution 18 to the health insurance fund 19 and deposit into the retiree 20 health benefit trust fund 21 pursuant to section 99-aa of 22 the state finance law. The 23 state's share of the health 24 insurance program dividends 25 shall be available to pay 26 for the premiums in 2023-24 .. 400,000,000 27 For payments to the state 28 insurance fund for workers' 29 compensation benefits and 30 other related workers' 31 compensation costs prior to 32 or after they become 33 incurred including but not 34 limited to the benefits 35 defined in chapters 302 and 36 303 of the laws of 1985 ....... 45,000,000 37 For the state's contribution 38 to employee benefit fund 39 programs ...................... 35,000,000 40 For the state's contribution 41 to the dental insurance plan ... 4,250,000 42 For the state's contribution 43 to the vision care plan ........ 1,500,000 44 -------------- 45 Project schedule total ... 46 ........... [556,440,000] 570,670,000 47 -------------- 48 For payments in accordance with section 19-a 49 of the public lands law (80567) .............. 7,720,000 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 theA. 6595 6 1 metropolitan commuter transportation 2 district ...................... [3,300,000] 4,400,000 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) ....... 18 .................................. [75,000] 150,000 19 -------------- 20 § 7. Section 7 of chapter 121 of the laws of 2023, relating to making 21 appropriations for the support of government, as amended by chapter 125 22 of the laws of 2023, is amended to read as follows: 23 § 7. The amounts specified in this section, or so much thereof as 24 shall be sufficient to accomplish the purposes designated, is hereby 25 appropriated and authorized to be paid as hereinafter provided, to the 26 public officers and for the purposes specified, which amount shall be 27 available for the state fiscal year beginning April 1, 2023. 28 JUDICIARY 29 For the purpose of making payments for 30 personal service, including liabilities 31 incurred prior to April 1, 2023, on the 32 payrolls scheduled to be paid during the 33 period April 1 through April [24] 28, 2023 34 to officers and employees of the judiciary 35 .............................. [65,000,000] 157,000,000 36 For the payment of state operations nonper- 37 sonal service liabilities, the sum of 38 fifty million dollars ($50,000,000), or so 39 much thereof as shall be sufficient to 40 accomplish the purpose designated, is 41 hereby appropriated to the judiciary out 42 of any moneys in the general fund or other 43 funds to the credit of the state purposes 44 account not otherwise appropriated. The 45 comptroller is hereby authorized and 46 directed to utilize this appropriation for 47 the purpose of making payments for non- 48 personal service liabilities incurred by 49 the judiciary from April 1 through April 50 [24] 28, 2023 ............................... 50,000,000 51 For the payment of aid to localities liabil- 52 ities, the sum of fifteen million dollarsA. 6595 7 1 ($15,000,000), or so much thereof as shall 2 be sufficient to accomplish the purpose 3 designated, is hereby appropriated to the 4 judiciary out of any moneys in the general 5 fund or other funds to the credit of the 6 state purposes account not otherwise 7 appropriated. The comptroller is hereby 8 authorized and directed to utilize this 9 appropriation for the purpose of making 10 payments for aid to localities liabilities 11 incurred by the judiciary from April 1 12 through April [24] 28, 2023 ................. 15,000,000 13 For the payment of employee fringe benefit 14 programs including, but not limited to, 15 the judiciary's contributions to the 16 health insurance fund, the employees' 17 retirement system pension accumulation 18 fund, the social security contribution 19 fund, employee benefit fund programs, the 20 dental insurance plan, the vision care 21 plan, the unemployment insurance fund, and 22 for workers' compensation benefits, the 23 sum of two hundred eighty-one million 24 dollars ($281,000,000), or so much thereof 25 as shall be sufficient to accomplish the 26 purpose designated, is hereby appropriated 27 to the judiciary out of any moneys in the 28 general fund or other funds to the credit 29 of the state purposes account not other- 30 wise appropriated. The comptroller is 31 hereby authorized and directed to utilize 32 this appropriation for the purpose of 33 making payments for employee fringe bene- 34 fit liabilities incurred by the judiciary 35 from April 1 through April [24] 28, 2023 ... 281,000,000 36 § 8. Section 9 of chapter 124 of the laws of 2023, relating to making 37 appropriations for the support of government, as amended by chapter 125 38 of the laws of 2023, is amended to read as follows: 39 § 9. The amounts specified in this section, or so much thereof as 40 shall be sufficient to accomplish the purposes designated, is hereby 41 appropriated and authorized to be paid as hereinafter provided, to the 42 public officers and for the purposes specified, which amount shall be 43 available for the state fiscal year beginning April 1, 2023. 44 DEPARTMENT OF AGRICULTURE AND MARKETS 45 AID TO LOCALITIES 46 AGRICULTURAL BUSINESS SERVICES PROGRAM .......... [812,000] 1,276,000 47 -------------- 48 General Fund 49 Local Assistance Account - 10000A. 6595 8 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 ..... [812,000] 1,276,000 21 -------------- 22 § 9. Section 8 of chapter 125 of the laws of 2023, relating to making 23 appropriations for the support of government, is amended to read as 24 follows: 25 § 8. The amounts specified in this section, or so much thereof as 26 shall be sufficient to accomplish the purposes designated, is hereby 27 appropriated and authorized to be paid as hereinafter provided, to the 28 public officers and for the purposes specified, which amount shall be 29 available for the state fiscal year beginning April 1, 2023. 30 EDUCATION DEPARTMENT 31 AID TO LOCALITIES 32 OFFICE OF PREKINDERGARTEN THROUGH GRADE TWELVE EDUCATION 33 PROGRAM ................................................ 1,390,000,000 34 -------------- 35 General Fund 36 Local Assistance Account - 10000 37 For remaining 2022-23 and prior school year 38 obligations, including aid for such school 39 years payable pursuant to section 3609-d 40 of the education law, provided that 41 notwithstanding any provision of law to 42 the contrary, subject to the approval of 43 the director of the budget, funds appro- 44 priated herein may be interchanged with 45 any other item of appropriation for gener- 46 al support for public schools within the 47 general fund local assistance account 48 office of prekindergarten through grade 49 twelve education program.A. 6595 9 1 Notwithstanding any other law, rule or regu- 2 lation to the contrary, funds appropriated 3 herein shall be available for payment of 4 financial assistance net of any disallow- 5 ances, refunds, reimbursement and credits, 6 and may be suballocated to other depart- 7 ments and agencies to accomplish the 8 intent of this appropriation subject to 9 the approval of the director of the budg- 10 et. Notwithstanding any provision of law 11 to the contrary, funds appropriated herein 12 shall be available for payment of liabil- 13 ities heretofore accrued or hereafter to 14 accrue (21701) ........................... 1,390,000,000 15 -------------- 16 § 10. The amounts specified in this section, or so much thereof as 17 shall be sufficient to accomplish the purposes designated, is hereby 18 appropriated and authorized to be paid as hereinafter provided, to the 19 public officers and for the purposes specified, which amount shall be 20 available for the state fiscal year beginning April 1, 2023. 21 OFFICE OF CHILDREN AND FAMILY SERVICES 22 AID TO LOCALITIES 23 ADOPTION SUBSIDY PROGRAM .................................... 15,271,000 24 -------------- 25 General Fund 26 Local Assistance Account - 10000 27 For services and expenses for the adoption 28 subsidy program pursuant to title 9 of 29 article 6 of the social services law. 30 Notwithstanding any inconsistent provision 31 of law, the liability of the state to 32 social services districts and the amount 33 to be distributed or otherwise expended by 34 the state to reimburse social services 35 districts pursuant to section 456 of the 36 social services law shall be 62 percent of 37 eligible social services district expendi- 38 tures. 39 The amount hereby appropriated is to be 40 available for payment of aid heretofore 41 accrued or hereafter to accrue to munici- 42 palities. Subject to the approval of the 43 director of the budget, such funds shall 44 be available to the office net of disal- 45 lowances, refunds, reimbursements, and 46 credits. 47 Notwithstanding any inconsistent provision 48 of law, the amount herein appropriated may 49 be transferred to any other appropriationA. 6595 10 1 within the office of children and family 2 services and/or the office of temporary 3 and disability assistance and/or suballo- 4 cated to the office of temporary and disa- 5 bility assistance for the purpose of 6 paying local social services districts' 7 costs of the above program and may be 8 increased or decreased by interchange with 9 any other appropriation or with any other 10 item or items within the amounts appropri- 11 ated within the office of children and 12 family services general fund - local 13 assistance account with the approval of 14 the director of the budget who shall file 15 such approval with the department of audit 16 and control and copies thereof with the 17 chairman of the senate finance committee 18 and the chairman of the assembly ways and 19 means committee. 20 Notwithstanding any inconsistent provision 21 of law, in lieu of payments authorized by 22 the social services law, or payments of 23 federal funds otherwise due to the local 24 social services districts for programs 25 provided under the federal social security 26 act or the federal food stamp act, funds 27 herein appropriated, in amounts certified 28 by the state commissioner or the state 29 commissioner of health as due from local 30 social services districts each month as 31 their share of payments made pursuant to 32 section 367-b of the social services law 33 may be set aside by the state comptroller 34 in an interest-bearing account with such 35 interest accruing to the credit of the 36 locality in order to ensure the orderly 37 and prompt payment of providers under 38 section 367-b of the social services law 39 pursuant to an estimate provided by the 40 commissioner of health of each local 41 social services district's share of 42 payments made pursuant to section 367-b of 43 the social services law. 44 The amounts appropriated herein shall be 45 available for reimbursement of local 46 district claims only to the extent that 47 such claims are submitted within twenty- 48 four months of the last day of the state 49 fiscal year in which the expenditures were 50 incurred, unless waived for good cause by 51 the commissioner subject to the approval 52 of the director of the budget. 53 Notwithstanding any other provision of law 54 to the contrary, amounts due and owing to 55 a social services district under this 56 appropriation, may be reduced up to suchA. 6595 11 1 amounts due and owing to the state under 2 section 529 of the executive law (13917) .... 15,271,000 3 -------------- 4 § 11. Section 8 of chapter 121 of the laws of 2023, relating to making 5 appropriations for the support of government, as amended by chapter 125 6 of the laws of 2023, is amended to read as follows: 7 § 8. The amounts specified in this section, or so much thereof as 8 shall be sufficient to accomplish the purposes designated, is hereby 9 appropriated and authorized to be paid as hereinafter provided, to the 10 public officers and for the purposes specified, which amount shall be 11 available for the state fiscal year beginning April 1, 2023. 12 DEPARTMENT OF HEALTH 13 AID TO LOCALITIES 14 CENTER FOR COMMUNITY HEALTH PROGRAM .......... [31,017,000] 35,941,000 15 -------------- 16 General Fund 17 Local Assistance Account - 10000 18 For services and expenses related to the 19 Indian health program. The moneys hereby 20 appropriated shall be for payment of 21 financial assistance heretofore accrued or 22 hereafter to accrue (26840) .................. 6,400,000 23 -------------- 24 Special Revenue Funds - Federal 25 Federal USDA-Food and Nutrition Services Fund 26 Federal Food and Nutrition Services Account - 25022 27 For various federal food and nutritional 28 services. The moneys hereby appropriated 29 shall be available for payment of finan- 30 cial assistance heretofore accrued (26986) 31 .............................. [24,617,000] 29,541,000 32 -------------- 33 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 7,800,000 34 -------------- 35 Special Revenue Funds - Other 36 HCRA Resources Fund 37 EPIC Premium Account - 20818 38 For services and expenses of the program for 39 elderly pharmaceutical insurance coverage, 40 including reimbursement to pharmacies 41 participating in such program. The moneys 42 hereby appropriated shall be available for 43 payment of financial assistance heretofore 44 accrued (26803) .............................. 7,800,000 45 --------------A. 6595 12 1 HEALTH CARE REFORM ACT PROGRAM ............................... 9,000,000 2 -------------- 3 Special Revenue Funds - Other 4 HCRA Resources Fund 5 HCRA Program Account - 20807 6 For transfer to health research incorporated 7 (HRI) for the AIDS drug assistance 8 program, including payments to Ryan White 9 centers (29880) .............................. 9,000,000 10 § 12. Section 10 of chapter 122 of the laws of 2023, relating to 11 making appropriations for the support of government, as amended by chap- 12 ter 125 of the laws of 2023, is amended to read as follows: 13 § 10. The amounts specified in this section, or so much thereof as 14 shall be sufficient to accomplish the purposes designated, is hereby 15 appropriated and authorized to be paid as hereinafter provided, to the 16 public officers and for the purposes specified, which amount shall be 17 available for the state fiscal year beginning April 1, 2023. 18 DEPARTMENT OF LABOR 19 AID TO LOCALITIES 20 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [592,000,000] 760,000,000 21 -------------- 22 Enterprise Funds 23 Unemployment Insurance Benefit Fund 24 Unemployment Insurance Benefit Account - 50650 25 For payment of unemployment insurance bene- 26 fits pursuant to article 18 of the labor 27 law or as authorized by the federal 28 government through the disaster unemploy- 29 ment assistance program, the emergency 30 unemployment compensation program, the 31 extended benefit program, the federal 32 additional compensation program or any 33 other federally funded unemployment bene- 34 fit program (34787) ......... [592,000,000] 760,000,000 35 § 13. Section 10 of chapter 121 of the laws of 2023, relating to 36 making appropriations for the support of government, as amended by chap- 37 ter 125 of the laws of 2023, is amended to read as follows: 38 § 10. The amount specified in this section, or so much thereof as 39 shall be sufficient to accomplish the purpose designated, is hereby 40 appropriated and authorized to be paid as hereinafter provided, to the 41 public officers and for the purpose specified, which amount shall be 42 available for the state fiscal year beginning April 1, 2023.A. 6595 13 1 DEPARTMENT OF MENTAL HYGIENE 2 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 3 AID TO LOCALITIES 4 COMMUNITY SERVICES PROGRAM .................. [183,533,000] 189,521,000 5 -------------- 6 General Fund 7 Local Assistance Account - 10000 8 For services and expenses of the community 9 services program, net of disallowances, 10 for community programs for people with 11 developmental disabilities pursuant to 12 article 41 of the mental hygiene law, 13 and/or chapter 620 of the laws of 1974, 14 chapter 660 of the laws of 1977, chapter 15 412 of the laws of 1981, chapter 27 of the 16 laws of 1987, chapter 729 of the laws of 17 1989, chapter 329 of the laws of 1993 and 18 other provisions of the mental hygiene 19 law. Notwithstanding any inconsistent 20 provision of law, the following appropri- 21 ation shall be net of prior and/or current 22 year refunds, rebates, reimbursements, and 23 credits. 24 Notwithstanding any other provision of law, 25 advances and reimbursement made pursuant 26 to subdivision (d) of section 41.15 and 27 section 41.18 of the mental hygiene law 28 shall be allocated pursuant to a plan and 29 in a manner prescribed by the agency head 30 and approved by the director of the budg- 31 et. The moneys hereby appropriated are 32 available to reimburse or advance locali- 33 ties and voluntary non-profit agencies for 34 expenditures made during local fiscal 35 periods commencing January 1, 2022, April 36 1, 2022 or July 1, 2022, and for advances 37 for the 3 month period beginning January 38 1, 2023. 39 Notwithstanding the provisions of article 41 40 of the mental hygiene law or any other 41 inconsistent provision of law, rule or 42 regulation, the commissioner, pursuant to 43 such contract and in the manner provided 44 therein, may pay all or a portion of the 45 expenses incurred by such voluntary agen- 46 cies arising out of loans which are funded 47 from the proceeds of bonds and notes 48 issued by the dormitory authority of the 49 state of New York. 50 Notwithstanding any other provision of law, 51 the money hereby appropriated may beA. 6595 14 1 transferred to state operations and/or any 2 appropriation of the office for people 3 with developmental disabilities with the 4 approval of the director of the budget. 5 Notwithstanding any inconsistent provision 6 of law, moneys from this appropriation may 7 be used for state aid of up to 100 percent 8 of the net deficit costs of day training 9 programs and family support services. 10 Notwithstanding the provisions of section 11 16.23 of the mental hygiene law and any 12 other inconsistent provision of law, with 13 relation to the operation of certified 14 family care homes, including family care 15 homes sponsored by voluntary not-for-pro- 16 fit agencies, moneys from this appropri- 17 ation may be used for payments to purchase 18 general services including but not limited 19 to respite providers, up to a maximum of 20 14 days, at rates to be established by the 21 commissioner and approved by the director 22 of the budget in consideration of factors 23 including, but not limited to, geographic 24 area and number of clients cared for in 25 the home and for payment in an amount 26 determined by the commissioner for the 27 personal needs of each client residing in 28 the family care home. 29 Notwithstanding the provisions of subdivi- 30 sion 12 of section 8 of the state finance 31 law and any other inconsistent provision 32 of law, moneys from this appropriation may 33 be used for expenses of family care homes 34 including payments to operators of certi- 35 fied family care homes for damages caused 36 by clients to personal and real property 37 in accordance with standards established 38 by the commissioner and approved by the 39 director of the budget. 40 Notwithstanding any inconsistent provision 41 of law, moneys from this appropriation may 42 be used for appropriate day program 43 services and residential services includ- 44 ing, but not limited to, direct housing 45 subsidies to individuals, start-up 46 expenses for family care providers, envi- 47 ronmental modifications, adaptive technol- 48 ogies, appraisals, property options, 49 feasibility studies and preoperational 50 expenses. 51 Notwithstanding any inconsistent provision 52 of law except pursuant to a chapter of the 53 laws of 2022 authorizing a 5.4 percent 54 cost of living adjustment, for the period 55 commencing on April 1, 2022 and ending 56 March 31, 2023 the commissioner shall notA. 6595 15 1 apply any other cost of living adjustment 2 for the purpose of establishing rates of 3 payments, contracts or any other form of 4 reimbursement. 5 Notwithstanding section 6908 of the educa- 6 tion law and any other provision of law, 7 rule or regulation to the contrary, direct 8 support staff in programs certified or 9 approved by the office for people with 10 developmental disabilities, including the 11 home and community based services waiver 12 programs that the office for people with 13 developmental disabilities is authorized 14 to administer with federal approval pursu- 15 ant to subdivision (c) of section 1915 of 16 the federal social security act, are 17 authorized to provide such tasks as OPWDD 18 may specify when performed under the 19 supervision, training and periodic 20 inspection of a registered professional 21 nurse and in accordance with an authorized 22 practitioner's ordered care. 23 Notwithstanding any other provision of law 24 to the contrary, and consistent with 25 section 33.07 of the mental hygiene law, 26 the directors of facilities licensed but 27 not operated by the office for people with 28 developmental disabilities who act as 29 federally-appointed representative payees 30 and who assume management responsibility 31 over the funds of a resident may continue 32 to use such funds for the cost of the 33 resident's care and treatment, consistent 34 with federal law and regulations. 35 Funds appropriated herein shall be available 36 in accordance with the following: 37 Notwithstanding any inconsistent provision 38 of law, the director of the budget is 39 authorized to make suballocations from 40 this appropriation to the department of 41 health medical assistance program. 42 Notwithstanding any inconsistent provision 43 of law, and pursuant to criteria estab- 44 lished by the commissioner of the office 45 for people with developmental disabilities 46 and approved by the director of the budg- 47 et, expenditures may be made from this 48 appropriation for residential facilities 49 which are pending recertification as 50 intermediate care facilities for people 51 with developmental disabilities. 52 Notwithstanding the provisions of section 53 41.36 of the mental hygiene law and any 54 other inconsistent provision of law, 55 moneys from this appropriation may be used 56 for payment up to $250 per year perA. 6595 16 1 client, at such times and in such manner 2 as determined by the commissioner on the 3 basis of financial need for the personal 4 needs of each client residing in voluntary 5 operated community residences and volun- 6 tary-operated community residential alter- 7 natives, including individualized residen- 8 tial alternatives under the home and 9 community based services waiver. The 10 commissioner shall, subject to the 11 approval of the director of the budget, 12 alter existing advance payment schedules 13 for voluntary-operated community resi- 14 dences established pursuant to section 15 41.36 of the mental hygiene law. Notwith- 16 standing any inconsistent provision of law 17 moneys from this appropriation may be used 18 for the operation of clinics licensed 19 pursuant to article 16 of the mental 20 hygiene law including, but not limited to, 21 supportive and habilitative services 22 consistent with the home and community 23 based services waiver. Notwithstanding 24 sections 112 and 163 of the state finance 25 law and section 142 of the economic devel- 26 opment law, or any other inconsistent 27 provision of law, funds appropriated to 28 the department of health in accordance 29 with a schedule based upon approved Medi- 30 caid claims for eligible home and communi- 31 ty-based services, or other approved 32 services as defined in section nine thou- 33 sand eight hundred and seventeen of the 34 American rescue plan act of 2021, from 35 April 1, 2021 through March 31, 2023 and 36 made available by the department of health 37 via sub-allocation or transfer of up to 38 $740,000,000 may be allocated and distrib- 39 uted by the commissioner of the office for 40 people with developmental disabilities, 41 subject to approval of the director of the 42 budget, without a competitive bid or 43 request for proposal process for the 44 services and expenses of qualified appli- 45 cants. All awards will be granted utiliz- 46 ing criteria established by the commis- 47 sioner of the office for people with 48 developmental disabilities to strengthen 49 and enhance home and community-based 50 services consistent with the American 51 rescue plan act of 2021. 52 For the state share of medical assistance 53 services expenses incurred by the depart- 54 ment of health for the provision of 55 medical assistance services to people with 56 developmental disabilities (37835) ......... 152,106,000A. 6595 17 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. 6595 18 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 5 8 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 2021 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. 6595 19 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 the 6 office for people with developmental disa- 7 bilities may specify when performed under 8 the supervision, training and periodic 9 inspection of a registered professional 10 nurse and in accordance with an authorized 11 practitioner's ordered care. 12 Notwithstanding any other provision of law 13 to the contrary, and consistent with 14 section 33.07 of the mental hygiene law, 15 the directors of facilities licensed but 16 not operated by the office for people with 17 developmental disabilities who act as 18 federally-appointed representative payees 19 and who assume management responsibility 20 over the funds of a resident may continue 21 to use such funds for the cost of the 22 resident's care and treatment, consistent 23 with federal law and regulations. 24 For services and expenses related to provid- 25 ing health care and mental hygiene worker 26 bonuses. 27 Funds appropriated herein shall be available 28 in accordance with the following: 29 Notwithstanding any other provision of law 30 to the contrary, funds appropriated herein 31 are available to reimburse in- and out-of- 32 state private residential schools, pursu- 33 ant to subdivision (c) of section 13.37-a 34 and subdivision (g) of section 13.38 of 35 the mental hygiene law, for costs of 36 supporting the residential and day program 37 services available to individuals who are 38 over the age of 21 years of age, provided 39 that the amount paid for residential 40 services and/or maintenance costs is net 41 of any supplemental security income bene- 42 fit to which the individual receiving 43 services is eligible, and provided further 44 that funding for nonresidential services 45 will be in an amount not to exceed the 46 maximum reimbursement for appropriate day 47 services delivered by the office for 48 people with developmental disabilities 49 certified or approved providers other than 50 in- and out-of-state private residential 51 schools, unless otherwise authorized by 52 the director of the budget. 53 Notwithstanding section 163 of the state 54 finance law, section 142 of the economic 55 development law, and article 41 of the 56 mental hygiene law, the commissioner ofA. 6595 20 1 the office for people with developmental 2 disabilities may make the funds appropri- 3 ated herein available as state aid, a loan 4 or a grant, pursuant to terms and condi- 5 tions established by the commissioner of 6 the office for people with developmental 7 disabilities, to cover a portion of the 8 development costs of private, public 9 and/or non-profit organizations, including 10 corporations and partnerships established 11 pursuant to the private housing finance 12 law and/or any other statutory provisions, 13 for supportive housing units that have 14 been set aside for individuals with intel- 15 lectual and developmental disabilities. 16 Further, the office for people with devel- 17 opmental disabilities shall have a lien on 18 the real property developed with such 19 state aid, loans or grants, which shall be 20 in the amount of the loan or grant, for a 21 maximum term of 30 years, or other longer 22 term consistent with the requirements of 23 another regulatory agency. 24 For services and expenses related to the 25 provision of residential services to 26 people with developmental disabilities 27 (37802) ...................... [17,823,000] 21,219,000 28 For services and expenses related to the 29 provision of day program services to 30 people with developmental disabilities 31 (37803) ....................... [4,011,000] 4,775,000 32 For services and expenses related to the 33 provision of family support services to 34 people with developmental disabilities 35 (37804) ....................... [5,601,000] 6,669,000 36 For services and expenses related to the 37 provision of workshop, day training and 38 employment services to people with devel- 39 opmental disabilities. Notwithstanding any 40 other provision of law, up to $800,000 of 41 this appropriation may be transferred to 42 the New York State Education Departments' 43 Adult Career and Continuing Education 44 Services - Vocational Rehabilitation 45 (ACCES-VR) program to support the Long- 46 Term Sheltered Employment program operated 47 by FEDCAP Rehabilitation Services, Inc. 48 (37805) ....................... [3,232,000] 3,848,000 49 For other services and expenses provided to 50 people with developmental disabilities 51 including but not limited to hepatitis B, 52 care at home waiver, epilepsy services, 53 Special Olympics New York, Inc. and volun- 54 tary fingerprinting (37806) ..... [760,000] 904,000 55 --------------A. 6595 21 1 § 14. No expenditure may be made from any appropriation in this act, 2 until a certificate of approval has been issued by the director of the 3 budget and a copy of such certificate shall have been filed with the 4 state comptroller, the chairman of the senate finance committee and the 5 chairman of the assembly ways and means committee provided, however, 6 that any expenditures from any appropriation in this act made by the 7 legislature or judiciary shall not require such certificate. 8 § 15. All expenditures and disbursements made against the appropri- 9 ations in this act shall, upon final action by the legislature on appro- 10 priation bills submitted by the governor pursuant to article VII of the 11 state constitution for the support of government for the state fiscal 12 year beginning April 1, 2023, be transferred by the comptroller as 13 expenditures and disbursements to such appropriations for all state 14 departments and agencies, as applicable, in amounts equal to the amounts 15 charged against the appropriations in this act for each such department, 16 agency, and the legislature and the judiciary. 17 § 16. Severability clause. If any clause, sentence, paragraph, subdi- 18 vision, section or part of this act shall be adjudged by any court of 19 competent jurisdiction to be invalid, such judgment shall not affect, 20 impair, or invalidate the remainder thereof, but shall be confined in 21 its operation to the clause, sentence, paragraph, subdivision, section 22 or part thereof directly involved in the controversy in which such judg- 23 ment shall have been rendered. It is hereby declared to be the intent of 24 the legislature that this act would have been enacted even if such 25 invalid provisions had not been included herein. 26 § 17. This act shall take effect immediately and shall be deemed to 27 have been in full force and effect on and after April 1, 2023; provided, 28 however, that upon the transfer of expenditures and disbursements by the 29 comptroller as provided in section fifteen of this act, the appropri- 30 ations made by this act and subject to such section shall be deemed 31 repealed.
