STATE OF NEW YORK ________________________________________________________________________ 9766 IN ASSEMBLY April 4, 2022 ___________ Introduced by M. of A. WEINSTEIN -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means AN ACT making appropriations for the support of government; and provid- ing 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, 2022 are enacted. 8 § 2. 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 purpose specified, which amount shall be 12 available for the state fiscal year beginning April 1, 2022. 13 ALL STATE DEPARTMENTS AND AGENCIES 14 For the purpose of making payments for 15 personal service, including liabilities 16 incurred prior to April 1, 2022, on the 17 payrolls scheduled to be paid during the 18 period April 1 through April 7, 2022 to 19 state officers and employees of the execu- 20 tive branch, including the governor, lieu- 21 tenant governor, comptroller and attorney 22 general; and payments for services 23 performed by mentally ill or develop- 24 mentally disabled persons who are employed 25 in state-operated special employment, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12041-01-2A. 9766 2 1 work-for-pay or sheltered workshop 2 programs ................................... 186,000,000 3 For the purpose of state agencies making 4 payments for fringe benefits assessments 5 incurred for personal service liabilities 6 incurred prior to April 1, 2022, and 7 during the period April 1 through April 7, 8 2022 ........................................ 70,000,000 9 For the purpose of state agencies making 10 payments for indirect cost assessments 11 incurred for personal service liabilities 12 incurred prior to April 1, 2022, and 13 during the period April 1 through April 7, 14 2022 ......................................... 4,500,000 15 -------------- 16 § 3. The amount specified in this section, or so much thereof as shall 17 be sufficient to accomplish the purpose designated, is hereby appropri- 18 ated and authorized to be paid as hereinafter provided, to the public 19 officers and for the purpose specified, which amount shall be available 20 for the state fiscal year beginning April 1, 2022. 21 ALL STATE DEPARTMENTS AND AGENCIES 22 For the payment of state operations non 23 personal service liabilities to the execu- 24 tive branch, including the comptroller, 25 and the attorney general, incurred in the 26 ordinary course of business, during the 27 period April 1 through April 5, 2022, 28 pursuant to existing state law and for 29 purposes for which the legislature author- 30 ized the expenditure of moneys during the 31 2021-2022 state fiscal year; provided, 32 however, that nothing contained herein 33 shall be deemed to limit or restrict the 34 power or authority of state departments or 35 agencies to conduct their activities or 36 operations in accordance with existing 37 law, and further provided that nothing 38 contained herein shall be deemed to super- 39 sede, nullify or modify the provisions of 40 section 40 of the state finance law 41 prescribing when appropriations made for 42 the 2021-2022 state fiscal year shall have 43 ceased to have force and effect ............. 11,250,000 44 -------------- 45 § 4. 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, 2022.A. 9766 3 1 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 2 GENERAL STATE CHARGES 3 STATE OPERATIONS 4 GENERAL STATE CHARGES ...................................... 56,600,000 5 -------------- 6 General Fund 7 State Purposes Account - 10050 8 For employee fringe benefits according to 9 the following project schedule including 10 those benefits which are related to 11 employees paid from funds, accounts, or 12 programs where the division of the budget 13 has issued waivers .......................... 55,300,000 14 Project Schedule 15 PROJECT AMOUNT 16 -------------------------------------------- 17 For the state's contribution 18 to employee benefit fund 19 programs ...................... 35,000,000 20 For the state's contribution 21 to the social security 22 contribution fund ............. 20,000,000 23 For the state's share of 24 contributions to the volun- 25 tary defined contribution 26 plan made on behalf of 27 eligible employees pursuant 28 to chapter 18 of the laws of 29 2012 who elect to partic- 30 ipate in such plan and who 31 are not otherwise eligible 32 to participate in the SUNY 33 optional retirement program ...... 300,000 34 -------------- 35 Project schedule total .... 55,300,000 36 -------------- 37 For the payment of the metropolitan commuter 38 transportation mobility tax pursuant to 39 article 23 of the tax law as added by 40 chapter 25 of the laws of 2009 on behalf 41 of the state employees employed in the 42 metropolitan commuter transportation 43 district ..................................... 1,300,000 44 -------------- 45 § 5. 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, 2022.A. 9766 4 1 DEPARTMENT OF HEALTH 2 AID TO LOCALITIES 3 CENTER FOR COMMUNITY HEALTH PROGRAM ......................... 11,200,000 4 -------------- 5 General Fund 6 Local Assistance Account - 10000 7 For services and expenses related to the 8 Indian health program. The moneys hereby 9 appropriated shall be for payment of 10 financial assistance heretofore accrued or 11 hereafter to accrue (26840) .................. 3,200,000 12 -------------- 13 Special Revenue Funds - Federal 14 Federal USDA-Food and Nutrition Services Fund 15 Federal Food and Nutrition Services Account - 25022 16 For various federal food and nutritional 17 services. The moneys hereby appropriated 18 shall be available for payment of finan- 19 cial assistance heretofore accrued (26986) ... 8,000,000 20 -------------- 21 § 6. The amounts specified in this section, or so much thereof as 22 shall be sufficient to accomplish the purposes designated, is hereby 23 appropriated and authorized to be paid as hereinafter provided, to the 24 public officers and for the purposes specified, which amount shall be 25 available for the state fiscal year beginning April 1, 2022. 26 DEPARTMENT OF MENTAL HYGIENE 27 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 28 AID TO LOCALITIES 29 COMMUNITY SERVICES PROGRAM .................................. 19,909,000 30 -------------- 31 For services and expenses of the community 32 services program, net of disallowances, 33 for community programs for people with 34 developmental disabilities pursuant to 35 article 41 of the mental hygiene law, 36 and/or chapter 620 of the laws of 1974, 37 chapter 660 of the laws of 1977, chapter 38 412 of the laws of 1981, chapter 27 of the 39 laws of 1987, chapter 729 of the laws of 40 1989, chapter 329 of the laws of 1993 and 41 other provisions of the mental hygiene 42 law. Notwithstanding any inconsistent 43 provision of law, the following appropri- 44 ation shall be net of prior and/or currentA. 9766 5 1 year refunds, rebates, reimbursements, and 2 credits. 3 Notwithstanding any other provision of law, 4 advances and reimbursement made pursuant 5 to subdivision (d) of section 41.15 and 6 section 41.18 of the mental hygiene law 7 shall be allocated pursuant to a plan and 8 in a manner prescribed by the agency head 9 and approved by the director of the budg- 10 et. The moneys hereby appropriated are 11 available to reimburse or advance locali- 12 ties and voluntary non-profit agencies for 13 expenditures made during local fiscal 14 periods commencing January 1, 2021, April 15 1, 2021 or July 1, 2021, and for advances 16 for the 3 month period beginning January 17 1, 2022. 18 Notwithstanding the provisions of article 41 19 of the mental hygiene law or any other 20 inconsistent provision of law, rule or 21 regulation, the commissioner, pursuant to 22 such contract and in the manner provided 23 therein, may pay all or a portion of the 24 expenses incurred by such voluntary agen- 25 cies arising out of loans which are funded 26 from the proceeds of bonds and notes 27 issued by the dormitory authority of the 28 state of New York. 29 Notwithstanding any other provision of law, 30 the money hereby appropriated may be 31 transferred to state operations and/or any 32 appropriation of the office for people 33 with developmental disabilities with the 34 approval of the director of the budget. 35 Notwithstanding any inconsistent provision 36 of law, moneys from this appropriation may 37 be used for state aid of up to 100 percent 38 of the net deficit costs of day training 39 programs and family support services. 40 Notwithstanding the provisions of section 41 16.23 of the mental hygiene law and any 42 other inconsistent provision of law, with 43 relation to the operation of certified 44 family care homes, including family care 45 homes sponsored by voluntary not-for-pro- 46 fit agencies, moneys from this appropri- 47 ation may be used for payments to purchase 48 general services including but not limited 49 to respite providers, up to a maximum of 5 50 days, at rates to be established by the 51 commissioner and approved by the director 52 of the budget in consideration of factors 53 including, but not limited to, geographic 54 area and number of clients cared for in 55 the home and for payment in an amount 56 determined by the commissioner for theA. 9766 6 1 personal needs of each client residing in 2 the family care home. 3 Notwithstanding the provisions of subdivi- 4 sion 12 of section 8 of the state finance 5 law and any other inconsistent provision 6 of law, moneys from this appropriation may 7 be used for expenses of family care homes 8 including payments to operators of certi- 9 fied family care homes for damages caused 10 by clients to personal and real property 11 in accordance with standards established 12 by the commissioner and approved by the 13 director of the budget. 14 Notwithstanding any inconsistent provision 15 of law, moneys from this appropriation may 16 be used for appropriate day program 17 services and residential services includ- 18 ing, but not limited to, direct housing 19 subsidies to individuals, start-up 20 expenses for family care providers, envi- 21 ronmental modifications, adaptive technol- 22 ogies, appraisals, property options, 23 feasibility studies and preoperational 24 expenses. 25 Notwithstanding any inconsistent provision 26 of law except pursuant to a chapter of the 27 laws of 2021 authorizing a 1 percent cost 28 of living adjustment, for the period 29 commencing on April 1, 2021 and ending 30 March 31, 2022 the commissioner shall not 31 apply any other cost of living adjustment 32 for the purpose of establishing rates of 33 payments, contracts or any other form of 34 reimbursement. 35 Notwithstanding section 6908 of the educa- 36 tion law and any other provision of law, 37 rule or regulation to the contrary, direct 38 support staff in programs certified or 39 approved by the office for people with 40 developmental disabilities, including the 41 home and community based services waiver 42 programs that the office for people with 43 developmental disabilities is authorized 44 to administer with federal approval pursu- 45 ant to subdivision (c) of section 1915 of 46 the federal social security act, are 47 authorized to provide such tasks as the 48 office for people with developmental disa- 49 bilities may specify when performed under 50 the 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,A. 9766 7 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 other provision of law 13 to the contrary, funds appropriated herein 14 are available to reimburse in- and out-of- 15 state private residential schools, pursu- 16 ant to subdivision (c) of section 13.37-a 17 and subdivision (g) of section 13.38 of 18 the mental hygiene law, for costs of 19 supporting the residential and day program 20 services available to individuals who are 21 over the age of 21 years of age, provided 22 that the amount paid for residential 23 services and/or maintenance costs is net 24 of any supplemental security income bene- 25 fit to which the individual receiving 26 services is eligible, and provided further 27 that funding for nonresidential services 28 will be in an amount not to exceed the 29 maximum reimbursement for appropriate day 30 services delivered by the office for 31 people with developmental disabilities 32 certified or approved providers other than 33 in- and out-of-state private residential 34 schools, unless otherwise authorized by 35 the director of the budget. 36 Notwithstanding section 163 of the state 37 finance law, section 142 of the economic 38 development law, and article 41 of the 39 mental hygiene law, the commissioner of 40 the office for people with developmental 41 disabilities may make the funds appropri- 42 ated herein available as state aid, a loan 43 or a grant, pursuant to terms and condi- 44 tions established by the commissioner of 45 the office for people with developmental 46 disabilities, to cover a portion of the 47 development costs of private, public 48 and/or non-profit organizations, including 49 corporations and partnerships established 50 pursuant to the private housing finance 51 law and/or any other statutory provisions, 52 for supportive housing units that have 53 been set aside for individuals with intel- 54 lectual and developmental disabilities. 55 Further, the office for people with devel- 56 opmental disabilities shall have a lien onA. 9766 8 1 the real property developed with such 2 state aid, loans or grants, which shall be 3 in the amount of the loan or grant, for a 4 maximum term of 30 years, or other longer 5 term consistent with the requirements of 6 another regulatory agency. 7 For services and expenses related to the 8 provision of residential services to 9 people with developmental disabilities 10 (37802) ..................................... 11,014,000 11 For services and expenses related to the 12 provision of day program services to 13 people with developmental disabilities 14 (37803) ...................................... 2,674,000 15 For services and expenses related to the 16 provision of family support services to 17 people with developmental disabilities 18 (37804) ...................................... 3,732,000 19 For services and expenses related to the 20 provision of workshop, day training and 21 employment services to people with devel- 22 opmental disabilities. Notwithstanding any 23 other provision of law, up to $800,000 of 24 this appropriation may be transferred to 25 the New York State Education Departments' 26 Adult Career and Continuing Education 27 Services - Vocational Rehabilitation 28 (ACCES-VR) program to support the Long- 29 Term Sheltered Employment program operated 30 by FEDCAP Rehabilitation Services, Inc. 31 (37805) ...................................... 2,154,000 32 For other services and expenses provided to 33 people with developmental disabilities 34 including but not limited to hepatitis B, 35 care at home waiver, epilepsy services, 36 Special Olympics New York, Inc. and volun- 37 tary fingerprinting (37806) .................... 335,000 38 -------------- 39 § 7. No expenditure may be made from any appropriation in this act, 40 until a certificate of approval has been issued by the director of the 41 budget and a copy of such certificate shall have been filed with the 42 state comptroller, the chairman of the senate finance committee and the 43 chairman of the assembly ways and means committee provided, however, 44 that any expenditures from any appropriation in this act made by the 45 legislature or judiciary shall not require such certificate. 46 § 8. All expenditures and disbursements made against the appropri- 47 ations in this act shall, upon final action by the legislature on appro- 48 priation bills submitted by the governor pursuant to article VII of the 49 state constitution for the support of government for the state fiscal 50 year beginning April 1, 2022, be transferred by the comptroller as 51 expenditures and disbursements to such appropriations for all state 52 departments and agencies, as applicable, in amounts equal to the amounts 53 charged against the appropriations in this act for each such department 54 and agency.A. 9766 9 1 § 9. Severability clause. If any clause, sentence, paragraph, subdivi- 2 sion, section or part of this act shall be adjudged by any court of 3 competent jurisdiction to be invalid, such judgment shall not affect, 4 impair, or invalidate the remainder thereof, but shall be confined in 5 its operation to the clause, sentence, paragraph, subdivision, section 6 or part thereof directly involved in the controversy in which such judg- 7 ment shall have been rendered. It is hereby declared to be the intent of 8 the legislature that this act would have been enacted even if such 9 invalid provisions had not been included herein. 10 § 10. This act shall take effect immediately and shall be deemed to 11 have been in full force and effect on and after April 1, 2022. Provided 12 however sections three, five, and six of this act shall cease to have 13 force and effect after April 5, 2022 or upon the transfer of expendi- 14 tures and disbursements by the comptroller as provided in section eight 15 of this act, whichever is sooner. Provided further however, sections two 16 and four of this act shall cease to have force and effect after April 7, 17 2022 or upon the transfer of expenditures and disbursements by the comp- 18 troller as provided in section eight of this act, whichever is sooner. 19 This act shall be deemed repealed after April 7, 2022.