Bill Text: NY S06081 | 2021-2022 | General Assembly | Introduced


Bill Title: Provides for emergency appropriation for the period April 1, 2021 through April 8, 2021.

Spectrum: Committee Bill

Status: (Passed) 2021-04-06 - SIGNED CHAP.101 [S06081 Detail]

Download: New_York-2021-S06081-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6081

                               2021-2022 Regular Sessions

                    IN SENATE

                                      April 6, 2021
                                       ___________

        Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Finance

        AN ACT making appropriations for the support of government

          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, 2021 are enacted.
     8    § 2. The amount specified in this section, or so much thereof as shall
     9  be sufficient to accomplish the purpose designated, is hereby  appropri-
    10  ated  and  authorized  to be paid as hereinafter provided, to the public
    11  officers and for the purpose specified, which amount shall be  available
    12  for the state fiscal year beginning April 1, 2021.

    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, 2021, on the
    17    payrolls scheduled to be paid  during  the
    18    period  April  1  through April 8, 2021 to
    19    state officers and employees of the execu-
    20    tive branch, including the governor, lieu-
    21    tenant governor, comptroller and  attorney
    22    general;  to officers and employees of the
    23    judiciary; to officers  and  employees  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12021-01-1

        S. 6081                             2

     1    the legislature, including payments to the
     2    members  of  the senate and assembly under
     3    sections 5 and 5-a of the legislative law;
     4    and  payments  for  services  performed by
     5    mentally ill or  developmentally  disabled
     6    persons who are employed in state-operated
     7    special  employment, work-for-pay or shel-
     8    tered workshop programs .................... 471,000,000
     9                                              --------------

    10    § 3. The amount specified in this section, or so much thereof as shall
    11  be sufficient to accomplish the purpose designated, is hereby  appropri-
    12  ated  and  authorized  to be paid as hereinafter provided, to the public
    13  officers and for the purpose specified, which amount shall be  available
    14  for the state fiscal year beginning April 1, 2021.

    15                     ALL STATE DEPARTMENTS AND AGENCIES

    16  For  the  purpose  of  state agencies making
    17    payments for fringe benefit  and  indirect
    18    cost assessments incurred against personal
    19    service  liabilities  prior  to  April  1,
    20    2021,  and  during  the  period  April   1
    21    through April 8, 2021 ....................... 65,000,000
    22                                              --------------

    23    § 4. The amount specified in this section, or so much thereof as shall
    24  be  sufficient to accomplish the purpose designated, is hereby appropri-
    25  ated and authorized to be paid as hereinafter provided,  to  the  public
    26  officers  and for the purpose specified, which amount shall be available
    27  for the state fiscal year beginning April 1, 2021.

    28                     ALL STATE DEPARTMENTS AND AGENCIES

    29  For the payment of state operations  nonper-
    30    sonal service liabilities to the executive
    31    branch,  including  the  comptroller,  the
    32    attorney  general,  and  the  legislature,
    33    incurred  in  the ordinary course of busi-
    34    ness, during the period  April  1  through
    35    April  8, 2021, pursuant to existing state
    36    law and for purposes for which the  legis-
    37    lature   authorized   the  expenditure  of
    38    moneys during the 2020-2021  state  fiscal
    39    year;   provided,  however,  that  nothing
    40    contained herein shall be deemed to  limit
    41    or  restrict  the  power  or  authority of
    42    state departments or agencies  to  conduct
    43    their  activities or operations in accord-
    44    ance  with  existing  law,   and   further
    45    provided  that  nothing  contained  herein
    46    shall be deemed to supersede,  nullify  or
    47    modify the provisions of section 40 of the
    48    state  finance law prescribing when appro-
    49    priations made  for  the  2020-2021  state

        S. 6081                             3

     1    fiscal  year  shall  have  ceased  to have
     2    force and effect ............................ 22,000,000
     3                                              --------------

     4    § 5. The amount specified in this section, or so much thereof as shall
     5  be  sufficient to accomplish the purpose designated, is hereby appropri-
     6  ated and authorized to be paid as hereinafter provided,  to  the  public
     7  officers  and for the purpose specified, which amount shall be available
     8  for the state fiscal year beginning April 1, 2021.

     9                     ALL STATE DEPARTMENTS AND AGENCIES

    10  The sum  of  thirty  seven  million  dollars
    11    ($37,000,000), or so much thereof as shall
    12    be  sufficient  to  accomplish the purpose
    13    designated,  is  hereby  appropriated  for
    14    contracts   approved  in  accordance  with
    15    section 112 of the state finance  law  for
    16    purposes for which the legislature author-
    17    ized  the expenditures of money during the
    18    2020-2021 fiscal year.  An  amount  up  to
    19    thirty seven million dollars ($37,000,000)
    20    shall  be  available  for  the  payment of
    21    capital  projects   liabilities   incurred
    22    during  the  period  from  April 1 through
    23    April 8, 2021 for contracts approved prior
    24    to April 1, 2021, provided, however,  that
    25    nothing  contained  herein shall be deemed
    26    to limit or restrict the power or authori-
    27    ty of state  departments  or  agencies  to
    28    conduct  their activities or operations in
    29    accordance 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  2020-2021  fiscal
    35    year  shall  have ceased to have force and
    36    effect ...................................... 37,000,000
    37                                              --------------

    38    § 6. The amount specified in this section, or so much thereof as shall
    39  be sufficient to accomplish the purpose designated, is hereby  appropri-
    40  ated  and  authorized  to be paid as hereinafter provided, to the public
    41  officers and for the purpose specified, which amount shall be  available
    42  for the state fiscal year beginning April 1, 2021.

    43                     ALL STATE DEPARTMENTS AND AGENCIES

    44  The    sum    of   three   million   dollars
    45    ($3,000,000), or so much thereof as  shall
    46    be  sufficient  to  accomplish the purpose
    47    designated,  is  hereby  appropriated  for
    48    contracts   approved  in  accordance  with
    49    section 112 of the state finance  law  for
    50    purposes for which the legislature author-

        S. 6081                             4

     1    ized  the expenditures of money during the
     2    2020-2021 fiscal year.  An  amount  up  to
     3    three  million  dollars ($3,000,000) shall
     4    be  available  for  the payment of capital
     5    projects liabilities incurred  during  the
     6    period  from April 1 through April 8, 2021
     7    for  contracts  approved  after  April  1,
     8    2021,   provided,  however,  that  nothing
     9    contained herein shall be deemed to  limit
    10    or  restrict  the  power  or  authority of
    11    state departments or agencies  to  conduct
    12    their  activities or operations in accord-
    13    ance  with  existing  law,   and   further
    14    provided  that  nothing  contained  herein
    15    shall be deemed to supersede, nullify,  or
    16    modify the provisions of section 40 of the
    17    state  finance law prescribing when appro-
    18    priations made for  the  2020-2021  fiscal
    19    year  shall  have ceased to have force and
    20    effect ....................................... 3,000,000
    21                                              --------------

    22    § 7. The amounts specified in this section,  or  so  much  thereof  as
    23  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    24  appropriated and authorized to be paid as hereinafter provided,  to  the
    25  public  officers  and  for the purposes specified, which amount shall be
    26  available for the state fiscal year beginning April 1, 2021.

    27                                THE JUDICIARY

    28  For the payment of state operations  nonper-
    29    sonal  service  liabilities,  the  sum  of
    30    thirty-five million ($35,000,000),  or  so
    31    much  thereof  as  shall  be sufficient to
    32    accomplish  the  purpose  designated,   is
    33    hereby  appropriated  to the judiciary out
    34    of any moneys in the general fund or other
    35    funds to the credit of the state  purposes
    36    account  not  otherwise  appropriated. The
    37    comptroller  is  hereby   authorized   and
    38    directed to utilize this appropriation for
    39    the  purpose  of  making payments for non-
    40    personal service liabilities  incurred  by
    41    the  judiciary  from April 1 through April
    42    8, 2021 ..................................... 35,000,000
    43  For the payment of aid to localities liabil-
    44    ities, the sum  of  one  hundred  thousand
    45    dollars  ($100,000), or so much thereof as
    46    shall  be  sufficient  to  accomplish  the
    47    purpose designated, is hereby appropriated
    48    to  the judiciary out of any moneys in the
    49    general fund or other funds to the  credit
    50    of  the  state purposes account not other-
    51    wise  appropriated.  The  comptroller   is
    52    hereby  authorized and directed to utilize

        S. 6081                             5

     1    this  appropriation  for  the  purpose  of
     2    making  payments  for  aid  to  localities
     3    liabilities incurred by the judiciary from
     4    April 1 through April 8, 2021 .................. 100,000
     5  For  suballocation to the office of indigent
     6    legal services, at the  direction  of  the
     7    chief  administrator  of  the  courts, for
     8    payment pursuant to law to New York  city,
     9    pursuant  to  an agreement with such city,
    10    for  services  and  expenses  related   to
    11    implementation  of  caseload standards for
    12    institutional providers representing indi-
    13    gent clients in  criminal  cases  in  such
    14    city.  Notwithstanding any other provision
    15    of  law,  monies received by the office of
    16    indigent legal services pursuant  to  this
    17    suballocation  may  be  distributed to New
    18    York city only to the extent necessary  to
    19    enable  compliance  with  section 127.7 of
    20    the rules of the  chief  administrator  of
    21    the court (22 NYCRR § 127.7).
    22  Criminal Caseload Reduction program ........... 47,000,000
    23  For  the  payment of employee fringe benefit
    24    programs including, but  not  limited  to,
    25    the   judiciary's   contributions  to  the
    26    health  insurance  fund,  the   employees'
    27    retirement   system  pension  accumulation
    28    fund,  the  social  security  contribution
    29    fund,  employee benefit fund programs, the
    30    dental insurance  plan,  the  vision  care
    31    plan, the unemployment insurance fund, and
    32    for  workers'  compensation  benefits, the
    33    sum of five million dollars  ($5,000,000),
    34    or  so much thereof as shall be sufficient
    35    to accomplish the purpose  designated,  is
    36    hereby  appropriated  to the judiciary out
    37    of any moneys in the general fund or other
    38    funds to the credit of the state  purposes
    39    account  not  otherwise  appropriated. The
    40    comptroller  is  hereby   authorized   and
    41    directed to utilize this appropriation for
    42    the purpose of making payments for employ-
    43    ee  fringe benefit liabilities incurred by
    44    the judiciary from April 1  through  April
    45    8, 2021 ...................................... 5,000,000
    46                                              --------------

    47    § 8. The amount specified in this section, or so much thereof as shall
    48  be sufficient to accomplish the purposes designated, is hereby appropri-
    49  ated  and  authorized  to be paid as hereinafter provided, to the public
    50  officers and for the purposes specified, which amount shall be available
    51  for the state fiscal year beginning April 1, 2021.

    52             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES

    53                            GENERAL STATE CHARGES

        S. 6081                             6

     1                              STATE OPERATIONS

     2  GENERAL STATE CHARGES ...................................... 600,350,000
     3                                                            --------------

     4    General Fund
     5    State Purposes Account - 10050

     6  For  employee  fringe  benefits according to
     7    the following project  schedule  including
     8    those   benefits   which  are  related  to
     9    employees paid from  funds,  accounts,  or
    10    programs  where the division of the budget
    11    has issued waivers ......................... 570,300,000

    12                PROJECT SCHEDULE
    13  PROJECT                               AMOUNT
    14  --------------------------------------------
    15  For the  state's  contribution
    16    to   the   health  insurance
    17    fund. The state's  share  of
    18    the health insurance program
    19    dividends shall be available
    20    to  pay  for the premiums in
    21    2021-22 ...................... 400,000,000
    22  For the  state's  contribution
    23    to   the   social   security
    24    contribution fund ............. 75,000,000
    25  For  payments  to  the   state
    26    insurance  fund for workers'
    27    compensation  benefits   and
    28    other    related    workers'
    29    compensation costs prior  to
    30    or    after    they   become
    31    incurred including  but  not
    32    limited   to   the  benefits
    33    defined in chapters 302  and
    34    303 of the laws of 1985 ....... 50,500,000
    35  For  the  state's contribution
    36    to  employee  benefit   fund
    37    programs ...................... 35,000,000
    38  For  the  state's contribution
    39    to the dental insurance plan ... 6,000,000
    40  For reimbursement to the unem-
    41    ployment insurance fund  for
    42    payments  made  to claimants
    43    formerly  employed  by   the
    44    state of New York .............. 2,000,000
    45  For  the  state's contribution
    46    to the vision care plan ........ 1,000,000
    47  For  the  state's   share   of
    48    contributions  to the volun-
    49    tary  defined   contribution
    50    plan   made   on  behalf  of
    51    eligible employees  pursuant
    52    to chapter 18 of the laws of

        S. 6081                             7

     1    2012  who  elect  to partic-
     2    ipate in such plan  and  who
     3    are  not  otherwise eligible
     4    to  participate  in the SUNY
     5    optional retirement program ...... 500,000
     6  For payments  for  the  income
     7    protection  plans of current
     8    and prior years .................. 300,000
     9                                --------------
    10      Project schedule total ................... 570,300,000
    11                                              --------------

    12  For judgments against the state pursuant  to
    13    section  20 of the court of claims act and
    14    for judgments pursuant to actions  brought
    15    in  the  court  of  claims  against public
    16    benefit corporations  indemnified  by  the
    17    state,  exclusive  of  the  payment of any
    18    judgments  arising  out  of   actions   or
    19    proceedings  brought to obtain payment for
    20    wages, salaries or  other  employee  bene-
    21    fits.  The  moneys hereby appropriated are
    22    available for payment of  any  liabilities
    23    or  obligations incurred prior to April 1,
    24    2021 in addition to current liabilities ..... 25,000,000
    25  For the payment of the  defense  by  private
    26    counsel and the indemnification or payment
    27    on  behalf of state officers and employees
    28    in civil judicial proceedings  in  accord-
    29    ance  with the provisions of section 17 of
    30    the public officers law;  the  payment  on
    31    behalf  of  the  state,  exclusive  of the
    32    payment  for  wages,  salaries  or   other
    33    employee   benefits,   in  civil  judicial
    34    proceedings  where  a  state  officer   or
    35    employee  entitled to a defense in accord-
    36    ance with section 17 of the  public  offi-
    37    cers  law  was  dismissed  from  the civil
    38    judicial proceeding; the payment on behalf
    39    of the state, exclusive of the payment for
    40    wages, salaries or other employment  bene-
    41    fits,  and  in  civil judicial proceedings
    42    brought pursuant to Title VI of the  Civil
    43    Rights  Act  of  1964,  42  USC § 2000d et
    44    seq., Title VII of the Civil Rights Act of
    45    1964, 42 USC § 2000e et seq., Title IX  of
    46    the Education Amendments of 1972, 20 USC §
    47    1681  et seq., Titles II, III, and/or V of
    48    the Americans  With  Disabilities  Act  of
    49    1990, 42 USC § 12101 et seq., of the Reha-
    50    bilitation  Act  of  1973, 29 USC § 791 et
    51    seq., the state human rights law and other
    52    employment related causes of  action;  and
    53    in criminal proceedings in accordance with
    54    the provisions of section 19 of the public
    55    officers  law. The moneys hereby appropri-

        S. 6081                             8

     1    ated are  available  for  payment  of  any
     2    liabilities  or obligations incurred prior
     3    to  April  1,  2021 in addition to current
     4    liabilities .................................. 3,000,000
     5  For the payment of the metropolitan commuter
     6    transportation mobility  tax  pursuant  to
     7    article  23  of  the  tax  law as added by
     8    chapter 25 of the laws of 2009  on  behalf
     9    of  the  state  employees  employed in the
    10    metropolitan    commuter    transportation
    11    district ..................................... 1,300,000
    12  For  assessments for local improvements. The
    13    moneys hereby appropriated  are  available
    14    for  payment  of  any liabilities or obli-
    15    gations incurred prior to April 1, 2021 in
    16    addition to current liabilities ................ 500,000
    17  For payment of claims for damage to personal
    18    or real property or for bodily injuries or
    19    wrongful death caused by officers, employ-
    20    ees, or other authorized persons providing
    21    service to state government while  provid-
    22    ing such service, and the state university
    23    construction  fund while acting within the
    24    scope of their employment, and while oper-
    25    ating motor vehicles, and for any individ-
    26    uals operating motor  vehicles  which  are
    27    assigned  on  a permanent basis with unre-
    28    stricted use to state officers and employ-
    29    ees  when  the   person   is   permanently
    30    assigned the motor vehicle ..................... 250,000
    31                                              --------------
    32      Total amount available ................... 600,350,000
    33                                              ==============

    34    §  9.  The  amounts  specified  in this section, or so much thereof as
    35  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    36  appropriated  and  authorized to be paid as hereinafter provided, to the
    37  public officers and for the purposes specified, which  amount  shall  be
    38  available for the state fiscal year beginning April 1, 2021.

    39                       DEPARTMENT OF FAMILY ASSISTANCE

    40                OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

    41                              AID TO LOCALITIES

    42  EMPLOYMENT AND INCOME SUPPORT PROGRAM ...................... 212,916,000
    43                                                            --------------

    44    General Fund
    45    Local Assistance Account - 10000

    46  For  state  reimbursement  of the safety net
    47    assistance program as established pursuant
    48    to chapter 436 of the laws of 1997.

        S. 6081                             9

     1  Notwithstanding section 153  of  the  social
     2    services  law  or  any  other inconsistent
     3    provision of law, funds appropriated here-
     4    in shall reimburse 29  percent  of  safety
     5    net assistance expenditures, including the
     6    cost  of providing shelter supplements for
     7    safety net assistance households at  local
     8    option,   including   eligible  households
     9    containing a household member who has been
    10    released from prison, in order to  prevent
    11    eviction   and   address  homelessness  in
    12    accordance with social  services  district
    13    plans  approved by the office of temporary
    14    and disability assistance and the director
    15    of the budget, provided, however, that  in
    16    social  services  districts  with  a popu-
    17    lation  over  five  million   no   shelter
    18    supplements  other  than  those to prevent
    19    eviction shall be reimbursed  unless  such
    20    social  services  district  has  agreed to
    21    offset claims for  other  eligible  public
    22    assistance   expenditures   in  an  amount
    23    commensurate with the  cost  of  any  such
    24    supplements,  and  further  provided  that
    25    such supplements shall not be part of  the
    26    standard of need pursuant to section 131-a
    27    of  the  social services law. Funds appro-
    28    priated herein  shall  also  reimburse  29
    29    percent  of safety net assistance expendi-
    30    tures, in social services districts with a
    31    population over five million, for emergen-
    32    cy shelter, transportation,  or  nutrition
    33    payments which the district determines are
    34    necessary  to  establish or maintain inde-
    35    pendent living arrangements among  persons
    36    living   with   medically   diagnosed  HIV
    37    infection as defined by the AIDS institute
    38    of the state department of health and  who
    39    are  homeless  or  facing homelessness and
    40    for whom no viable and less costly  alter-
    41    native  to housing is available; provided,
    42    however, that  funds  appropriated  herein
    43    may  only be used for such purposes if the
    44    cost of such allowances are  not  eligible
    45    for reimbursement under medical assistance
    46    or other programs.
    47  Funds appropriated herein shall reimburse 29
    48    percent  of safety net assistance expendi-
    49    tures, in social services districts with a
    50    population of five million or  fewer,  for
    51    emergency  shelter payments promulgated by
    52    the office  of  temporary  and  disability
    53    assistance  which  the district determines
    54    are necessary  to  establish  or  maintain
    55    independent   living   arrangements  among
    56    persons living  with  medically  diagnosed

        S. 6081                            10

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

        S. 6081                            11

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

        S. 6081                            12

     1    of the state  department  of  health,  the
     2    social  services  district shall make such
     3    payments of additional rental  costs,  for
     4    cases  reimbursed  under  the  safety  net
     5    assistance and family assistance  program,
     6    and the savings shall be used to reimburse
     7    100  percent of the cost of the additional
     8    rental costs determined based on  limiting
     9    such   person's   earned  and/or  unearned
    10    income  contribution  to  30  percent   in
    11    social  services  districts  with  a popu-
    12    lation  of  five  million  or  fewer,   in
    13    accordance  with  a  plan  approved by the
    14    office of temporary and disability assist-
    15    ance  and  the  director  of  the  budget;
    16    provided  further that reimbursement shall
    17    be  provided  to  medicaid  managed   care
    18    organizations through adjustments to capi-
    19    tation  rates  should actual gross savings
    20    not  be  realized  as  determined  by  the
    21    director of the budget.
    22  Amounts  appropriated  herein may be used to
    23    enter into contracts with persons or enti-
    24    ties authorized  pursuant  to  subdivision
    25    (i)  of  section 17 of the social services
    26    law  consistent  with  federal   law   and
    27    requirements.   Such   contracts  will  be
    28    consistent with subdivision (i) of section
    29    17 of the social services law.    Notwith-
    30    standing   section   153   of  the  social
    31    services law  or  any  other  inconsistent
    32    provision  of  law,  the office may reduce
    33    reimbursement otherwise payable to  social
    34    services  districts  to recover 29 percent
    35    of  costs  incurred  by  the  office   for
    36    expenditures related to subdivision (i) of
    37    section 17 of the social services law.
    38  Such  funds  are to be available for payment
    39    of aid heretofore accrued or hereafter  to
    40    accrue  to  municipalities. Subject to the
    41    approval of the director  of  the  budget,
    42    such  funds  shall  be  available  to  the
    43    office of temporary and disability assist-
    44    ance  net   of   disallowances,   refunds,
    45    reimbursements,   and  credits,  including
    46    those related to title IV-E of the  social
    47    security   act;  and  including,  but  not
    48    limited  to,  additional   federal   funds
    49    resulting from any changes in federal cost
    50    allocation methodologies.
    51  Notwithstanding  any  inconsistent provision
    52    of law, the amount herein appropriated may
    53    be increased or decreased  by  interchange
    54    with  any  other  appropriation within the
    55    office of temporary and disability assist-
    56    ance  general  fund  -  local   assistance

        S. 6081                            13

     1    account  with the approval of the director
     2    of  the  budget,  who  shall   file   such
     3    approval  with the department of audit and
     4    control and copies thereof with the chair-
     5    man  of  the  senate finance committee and
     6    the chairman  of  the  assembly  ways  and
     7    means committee.
     8  Social  services districts shall be required
     9    to report to the office of  temporary  and
    10    disability  assistance on an annual basis,
    11    information, as determined  and  requested
    12    by  the  office,  related  to services and
    13    expenditures for  which  reimbursement  is
    14    sought  for  providing  temporary  housing
    15    assistance  to  homeless  individuals  and
    16    families.   Such   information   shall  be
    17    submitted  electronically  to  the  extent
    18    feasible  as determined by the office, and
    19    shall be used to evaluate expenditures  by
    20    such  social  services  districts  for the
    21    provision of temporary housing  assistance
    22    for homeless individuals and families.
    23  Notwithstanding  section  153  of the social
    24    services law, or  any  other  inconsistent
    25    provision  of law, the office of temporary
    26    and disability assistance may withhold  or
    27    deny  reimbursement,  in whole or in part,
    28    to any social services district that fails
    29    to develop or submit a  homeless  services
    30    plan subject to the approval of the office
    31    of  temporary  and  disability assistance,
    32    fails to  provide  homeless  services  and
    33    outreach  in  accordance with its approved
    34    homeless services plan, or fails to devel-
    35    op or  submit  homeless  services  outcome
    36    reports,  consistent  with  those require-
    37    ments promulgated by the office of  tempo-
    38    rary and disability assistance.
    39  Notwithstanding  section  153  of the social
    40    services law, or  any  other  inconsistent
    41    provision of law, such appropriation shall
    42    be available for reimbursement of eligible
    43    costs incurred on or after January 1, 2021
    44    and  before  January  1,  2022,  that  are
    45    otherwise reimbursable by the state on  or
    46    after  April  1, 2021, that are claimed by
    47    March 1, 2022.  Such  reimbursement  shall
    48    constitute  total  state reimbursement for
    49    activities funded herein in  state  fiscal
    50    year 2021-22 (52203) ........................ 46,250,000
    51  For   expenditures   for   additional  state
    52    payments for  eligible  aged,  blind,  and
    53    disabled  persons  related to supplemental
    54    security income and for expenditures  made
    55    pursuant  to  title  8 of article 5 of the
    56    social services law. Such funds are avail-

        S. 6081                            14

     1    able for payment of aid heretofore accrued
     2    or hereafter  to  accrue.  Notwithstanding
     3    any  inconsistent  provision  of  law, the
     4    amount    herein   appropriated   may   be
     5    increased or decreased by interchange with
     6    any other appropriation within the  office
     7    of  temporary  and  disability  assistance
     8    general fund -  local  assistance  account
     9    with  the  approval of the director of the
    10    budget, who shall file such approval  with
    11    the  department  of  audit and control and
    12    copies thereof with the  chairman  of  the
    13    senate  finance committee and the chairman
    14    of the assembly ways and  means  committee
    15    (52311) ..................................... 58,333,000
    16                                              --------------
    17      Program account subtotal ................. 104,583,000
    18                                              --------------

    19    Special Revenue Funds - Federal
    20    Federal Health and Human Services Fund
    21    Temporary Assistance for Needy Families Account - 25178

    22  For  reimbursement of the cost of the family
    23    assistance and the emergency assistance to
    24    families programs. Notwithstanding section
    25    153 of the  social  services  law  or  any
    26    inconsistent   provision   of  law,  funds
    27    appropriated  herein  shall  be   provided
    28    without   state   or  local  participation
    29    except that for social services  districts
    30    with a population of five million or more,
    31    reimbursement will be eighty-five percent.
    32    Funds   appropriated   herein  shall  also
    33    include  the  cost  of  providing  shelter
    34    supplements  for  family assistance house-
    35    holds at local option, including  eligible
    36    households  containing  a household member
    37    who has  been  released  from  prison,  in
    38    order  to  prevent  eviction  and  address
    39    homelessness  in  accordance  with  social
    40    services  district  plans  approved by the
    41    office of temporary and disability assist-
    42    ance  and  the  director  of  the  budget,
    43    provided, however, that in social services
    44    districts  with  a  population  over  five
    45    million no shelter supplements other  than
    46    those  to  prevent eviction shall be reim-
    47    bursed   unless   such   social   services
    48    district  has  agreed to offset claims for
    49    other eligible public assistance  expendi-
    50    tures  in  an amount commensurate with the
    51    cost of any such supplement,  and  further
    52    provided  that  such supplements shall not
    53    be part of the standard of  need  pursuant

        S. 6081                            15

     1    to  section  131-a  of the social services
     2    law.
     3  Funds  appropriated  herein shall also reim-
     4    burse for family  assistance  expenditures
     5    for  emergency shelter, transportation, or
     6    nutrition  payments  which  the   district
     7    determines  are  necessary to establish or
     8    maintain independent  living  arrangements
     9    among  persons living with medically diag-
    10    nosed HIV infection as defined by the AIDS
    11    institute  of  the  State  department   of
    12    health  and  who  are  homeless  or facing
    13    homelessness and for whom  no  viable  and
    14    less  costly  alternative  to  housing  is
    15    available; provided, however,  that  funds
    16    appropriated  herein  may only be used for
    17    such purposes if the cost of  such  allow-
    18    ances  are  not eligible for reimbursement
    19    under   medical   assistance   or    other
    20    programs.
    21  For  persons living with medically diagnosed
    22    HIV  infection  as  defined  by  the  AIDS
    23    institute   of  the  state  department  of
    24    health who are receiving public assistance
    25    funds appropriated  herein  shall  not  be
    26    used  to  reimburse  the additional rental
    27    costs determined based  on  limiting  such
    28    person's  earned  and/or  unearned  income
    29    contribution to 30 percent.
    30  Amounts appropriated herein may be  used  to
    31    enter into contracts with persons or enti-
    32    ties  authorized  pursuant  to subdivision
    33    (i) of section 17 of the  social  services
    34    law   consistent   with  federal  law  and
    35    requirements. Such contracts will be  made
    36    consistent with subdivision (i) of section
    37    17  of  the social services law.  Notwith-
    38    standing  section  153   of   the   social
    39    services  law  or  any  other inconsistent
    40    provision of law, the  office  may  reduce
    41    reimbursement  otherwise payable to social
    42    services districts to recover the  federal
    43    share  of costs incurred by the office for
    44    expenditures related to subdivision (i) of
    45    section 17 of the social services law.
    46  Such funds are to be available  for  payment
    47    of  aid heretofore accrued or hereafter to
    48    accrue to municipalities. Subject  to  the
    49    approval  of  the  director of the budget,
    50    such  funds  shall  be  available  to  the
    51    office of temporary and disability assist-
    52    ance   net   of   disallowances,  refunds,
    53    reimbursements, and credits including, but
    54    not limited to, additional  federal  funds
    55    resulting from any changes in federal cost
    56    allocation methodologies.

        S. 6081                            16

     1  Notwithstanding  any  inconsistent provision
     2    of law, the amount herein appropriated may
     3    be increased or decreased  by  interchange
     4    with  any  other  appropriation within the
     5    office of temporary and disability assist-
     6    ance   federal  fund  -  local  assistance
     7    account with the approval of the  director
     8    of   the   budget,  who  shall  file  such
     9    approval with the department of audit  and
    10    control and copies thereof with the chair-
    11    man  of  the  senate finance committee and
    12    the chairman  of  the  assembly  ways  and
    13    means committee.
    14  Social  services districts shall be required
    15    to report to the office of  temporary  and
    16    disability  assistance on an annual basis,
    17    information, as determined  and  requested
    18    by  the  office,  related  to services and
    19    expenditures for  which  reimbursement  is
    20    sought  for  providing  temporary  housing
    21    assistance  to  homeless  individuals  and
    22    families.   Such   information   shall  be
    23    submitted  electronically  to  the  extent
    24    feasible  as determined by the office, and
    25    shall be used to evaluate expenditures  by
    26    such  social  services  districts  for the
    27    provision of temporary housing  assistance
    28    for homeless individuals and families.
    29  Notwithstanding  section  153  of the social
    30    services law, or  any  other  inconsistent
    31    provision  of law, the office of temporary
    32    and disability assistance may withhold  or
    33    deny  reimbursement,  in whole or in part,
    34    to any social services district that fails
    35    to develop or submit a  homeless  services
    36    plan subject to the approval of the office
    37    of  temporary  and  disability assistance,
    38    fails to  provide  homeless  services  and
    39    outreach  in  accordance with its approved
    40    homeless services plan, or fails to devel-
    41    op or  submit  homeless  services  outcome
    42    reports,  consistent  with  those require-
    43    ments promulgated by the office of  tempo-
    44    rary and disability assistance.
    45  Notwithstanding  section  153  of the social
    46    services law, or  any  other  inconsistent
    47    provision of law, such appropriation shall
    48    be available for reimbursement of eligible
    49    costs incurred on or after January 1, 2021
    50    and  before  January  1,  2022,  that  are
    51    otherwise reimbursable by the state on  or
    52    after  April  1, 2021, that are claimed by
    53    March 1, 2022.  Such  reimbursement  shall
    54    constitute total federal reimbursement for
    55    activities  funded  herein in state fiscal
    56    year 2021-22 (52203)  ...................... 108,333,000

        S. 6081                            17

     1                                              --------------
     2      Program account subtotal ................. 108,333,000
     3                                              --------------

     4    §  10.  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, 2021.

     9                            DEPARTMENT OF HEALTH

    10                              AID TO LOCALITIES

    11  CENTER FOR COMMUNITY HEALTH PROGRAM ......................... 19,200,000
    12                                                            --------------

    13    General Fund
    14    Local Assistance Account - 10000

    15  For  services  and  expenses  related to the
    16    Indian health program. The  moneys  hereby
    17    appropriated   shall  be  for  payment  of
    18    financial assistance heretofore accrued or
    19    hereafter to accrue (26840) .................. 3,200,000
    20                                              --------------
    21      Program account subtotal ................... 3,200,000
    22                                              --------------

    23    Special Revenue Funds - Federal
    24    Federal USDA-Food and Nutrition Services Fund
    25    Federal Food and Nutrition Services Account - 25022

    26  For various  federal  food  and  nutritional
    27    services.  The  moneys hereby appropriated
    28    shall be available for payment  of  finan-
    29    cial assistance heretofore accrued (26986) .. 16,000,000
    30                                              --------------
    31      Program account subtotal .................. 16,000,000
    32                                              --------------

    33    §  11.  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, 2021.

    38                      JUSTICE CENTER FOR THE PROTECTION
    39                        OF PEOPLE WITH SPECIAL NEEDS

    40                              AID TO LOCALITIES

    41  COMMUNITY SUPPORT PROGRAMS ..................................... 105,000
    42                                                            --------------

    43    Special Revenue Funds - Other

        S. 6081                            18

     1    Miscellaneous Special Revenue Fund
     2    Federal Salary Sharing Account - 22056

     3  Notwithstanding  any other provision of law,
     4    the  money  hereby  appropriated  may   be
     5    increased  or  decreased  by  interchange,
     6    with  any  appropriation  of  the  justice
     7    center  for  the protection of people with
     8    special needs, and  may  be  increased  or
     9    decreased  by  transfer  or  suballocation
    10    between  these  appropriated  amounts  and
    11    appropriations of the commission on quali-
    12    ty  of  care and advocacy for persons with
    13    disabilities,  office  of  mental  health,
    14    office for people with developmental disa-
    15    bilities, office of addiction services and
    16    supports,  department  of  health, and the
    17    office of  children  and  family  services
    18    with  the  approval of the director of the
    19    budget who shall file such  approval  with
    20    the  department  of  audit and control and
    21    copies thereof with the  chairman  of  the
    22    senate  finance committee and the chairman
    23    of the assembly ways and means committee.
    24  For  surrogate   decision-making   committee
    25    program   contracts   with  local  service
    26    providers (48926) .............................. 105,000
    27                                              --------------

    28    § 12. The amount specified in this section,  or  so  much  thereof  as
    29  shall  be  sufficient  to  accomplish  the purpose designated, is hereby
    30  appropriated and authorized to be paid as hereinafter provided,  to  the
    31  public  officers  and  for  the purpose specified, which amount shall be
    32  available for the state fiscal year beginning April 1, 2021.

    33                             DEPARTMENT OF LABOR

    34                              AID TO LOCALITIES

    35  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ................... 5,000,000,000
    36                                                            --------------

    37    Enterprise Funds
    38    Unemployment Insurance Benefit Fund
    39    Unemployment Insurance Benefit Account - 50650

    40  For payment of unemployment insurance  bene-
    41    fits  pursuant  to article 18 of the labor
    42    law  or  as  authorized  by  the   federal
    43    government  through the disaster unemploy-
    44    ment assistance   program,  the  emergency
    45    unemployment   compensation  program,  the
    46    extended benefit    program,  the  federal
    47    additional  compensation  program  or  any
    48    other federally funded unemployment  bene-
    49    fit program (34787) ...................... 5,000,000,000

        S. 6081                            19

     1                                              --------------

     2    §  13.  The  amounts  specified in this section, or so much thereof as
     3  shall be sufficient to accomplish the  purposes  designated,  is  hereby
     4  appropriated  and  authorized to be paid as hereinafter provided, to the
     5  public officers and for the purposes specified, which  amount  shall  be
     6  available for the state fiscal year beginning April 1, 2021.

     7                        DEPARTMENT OF MENTAL HYGIENE

     8              OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES

     9                              AID TO LOCALITIES

    10  COMMUNITY SERVICES PROGRAM .................................. 98,034,000
    11                                                            --------------

    12    General Fund
    13    Local Assistance Account - 10000

    14  For  services  and expenses of the community
    15    services program,  net  of  disallowances,
    16    for  community  programs  for  people with
    17    developmental  disabilities  pursuant   to
    18    article  41  of  the  mental  hygiene law,
    19    and/or chapter 620 of the  laws  of  1974,
    20    chapter  660  of the laws of 1977, chapter
    21    412 of the laws of 1981, chapter 27 of the
    22    laws of 1987, chapter 729 of the  laws  of
    23    1989,  chapter 329 of the laws of 1993 and
    24    other provisions  of  the  mental  hygiene
    25    law.   Notwithstanding   any  inconsistent
    26    provision of law, the following  appropri-
    27    ation shall be net of prior and/or current
    28    year refunds, rebates, reimbursements, and
    29    credits.
    30  Notwithstanding  any other provision of law,
    31    advances and reimbursement  made  pursuant
    32    to  subdivision  (d)  of section 41.15 and
    33    section 41.18 of the  mental  hygiene  law
    34    shall  be allocated pursuant to a plan and
    35    in a manner prescribed by the agency  head
    36    and  approved by the director of the budg-
    37    et.   The moneys hereby  appropriated  are
    38    available  to reimburse or advance locali-
    39    ties and voluntary non-profit agencies for
    40    expenditures  made  during  local   fiscal
    41    periods  commencing January 1, 2020, April
    42    1, 2020 or July 1, 2020, and for  advances
    43    for  the  3 month period beginning January
    44    1, 2021.
    45  Notwithstanding the provisions of article 41
    46    of the mental hygiene  law  or  any  other
    47    inconsistent  provision  of  law,  rule or
    48    regulation, the commissioner, pursuant  to
    49    such  contract  and in the manner provided

        S. 6081                            20

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

        S. 6081                            21

     1    feasibility  studies  and   preoperational
     2    expenses.
     3  Notwithstanding  any  inconsistent provision
     4    of law, for the period commencing on April
     5    1, 2020 and  ending  March  31,  2021  the
     6    commissioner  shall  not apply any cost of
     7    living  adjustment  for  the  purpose   of
     8    establishing  rates of payments, contracts
     9    or any other form of reimbursement.
    10  Notwithstanding section 6908 of  the  educa-
    11    tion  law  and any other provision of law,
    12    rule or regulation to the contrary, direct
    13    support staff  in  programs  certified  or
    14    approved  by  the  office  for people with
    15    developmental disabilities, including  the
    16    home  and  community based services waiver
    17    programs that the office for  people  with
    18    developmental  disabilities  is authorized
    19    to administer with federal approval pursu-
    20    ant to subdivision (c) of section 1915  of
    21    the   federal  social  security  act,  are
    22    authorized to provide such tasks as  OPWDD
    23    may   specify  when  performed  under  the
    24    supervision,   training    and    periodic
    25    inspection  of  a  registered professional
    26    nurse and in accordance with an authorized
    27    practitioner's ordered care.
    28  Funds appropriated herein shall be available
    29    in accordance with the following:
    30  Notwithstanding any  inconsistent  provision
    31    of  law,  the  director  of  the budget is
    32    authorized  to  make  suballocations  from
    33    this  appropriation  to  the department of
    34    health   medical    assistance    program.
    35    Notwithstanding any inconsistent provision
    36    of  law,  and  pursuant to criteria estab-
    37    lished by the commissioner of  the  office
    38    for people with developmental disabilities
    39    and  approved by the director of the budg-
    40    et, expenditures may  be  made  from  this
    41    appropriation  for  residential facilities
    42    which  are  pending   recertification   as
    43    intermediate  care  facilities  for people
    44    with developmental disabilities.
    45  Notwithstanding the  provisions  of  section
    46    41.36  of  the  mental hygiene law and any
    47    other  inconsistent  provision   of   law,
    48    moneys from this appropriation may be used
    49    for  payment  up  to  $250  per  year  per
    50    client, at such times and in  such  manner
    51    as  determined  by the commissioner on the
    52    basis of financial need for  the  personal
    53    needs of each client residing in voluntar-
    54    y-operated community residences and volun-
    55    tary-operated community residential alter-
    56    natives,      including     individualized

        S. 6081                            22

     1    residential alternatives  under  the  home
     2    and  community  based services waiver. The
     3    commissioner   shall,   subject   to   the
     4    approval  of  the  director of the budget,
     5    alter existing advance  payment  schedules
     6    for   voluntary-operated  community  resi-
     7    dences  established  pursuant  to  section
     8    41.36 of the mental hygiene law.
     9  Notwithstanding  any  inconsistent provision
    10    of law, moneys from this appropriation may
    11    be  used  for  the  operation  of  clinics
    12    licensed  pursuant  to  article  16 of the
    13    mental  hygiene  law  including,  but  not
    14    limited  to,  supportive  and habilitative
    15    services  consistent  with  the  home  and
    16    community based services waiver.
    17  For  the  state  share of medical assistance
    18    services expenses incurred by the  depart-
    19    ment   of  health  for  the  provision  of
    20    medical assistance services to people with
    21    developmental disabilities (37835) .......... 77,480,000
    22  For services and expenses of  the  community
    23    services  program,  net  of disallowances,
    24    for community  programs  for  people  with
    25    developmental   disabilities  pursuant  to
    26    article 41  of  the  mental  hygiene  law,
    27    and/or  chapter  620  of the laws of 1974,
    28    chapter 660 of the laws of  1977,  chapter
    29    412 of the laws of 1981, chapter 27 of the
    30    laws  of  1987, chapter 729 of the laws of
    31    1989, chapter 329 of the laws of 1993  and
    32    other  provisions  of  the  mental hygiene
    33    law.  Notwithstanding   any   inconsistent
    34    provision  of law, the following appropri-
    35    ation shall be net of prior and/or current
    36    year refunds, rebates, reimbursements, and
    37    credits.
    38  Notwithstanding any other provision of  law,
    39    advances  and  reimbursement made pursuant
    40    to subdivision (d) of  section  41.15  and
    41    section  41.18  of  the mental hygiene law
    42    shall be allocated pursuant to a plan  and
    43    in  a manner prescribed by the agency head
    44    and approved by the director of the  budg-
    45    et.  The  moneys  hereby  appropriated are
    46    available to reimburse or advance  locali-
    47    ties and voluntary non-profit agencies for
    48    expenditures   made  during  local  fiscal
    49    periods commencing January 1, 2020,  April
    50    1,  2020 or July 1, 2020, and for advances
    51    for the 3 month period  beginning  January
    52    1, 2021.
    53  Notwithstanding the provisions of article 41
    54    of  the  mental  hygiene  law or any other
    55    inconsistent provision  of  law,  rule  or
    56    regulation,  the commissioner, pursuant to

        S. 6081                            23

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

        S. 6081                            24

     1    ogies,   appraisals,   property   options,
     2    feasibility  studies  and   preoperational
     3    expenses.
     4  Notwithstanding  any  inconsistent provision
     5    of law, for the period commencing on April
     6    1, 2020 and  ending  March  31,  2021  the
     7    commissioner  shall  not apply any cost of
     8    living  adjustment  for  the  purpose   of
     9    establishing  rates of payments, contracts
    10    or any other form of reimbursement.
    11  Notwithstanding section 6908 of  the  educa-
    12    tion  law  and any other provision of law,
    13    rule or regulation to the contrary, direct
    14    support staff  in  programs  certified  or
    15    approved  by  the  office  for people with
    16    developmental disabilities, including  the
    17    home  and  community based services waiver
    18    programs that the office for  people  with
    19    developmental  disabilities  is authorized
    20    to administer with federal approval pursu-
    21    ant to subdivision (c) of section 1915  of
    22    the   federal  social  security  act,  are
    23    authorized to provide such tasks as  OPWDD
    24    may   specify  when  performed  under  the
    25    supervision,   training    and    periodic
    26    inspection  of  a  registered professional
    27    nurse and in accordance with an authorized
    28    practitioner's ordered care.
    29  Funds appropriated herein shall be available
    30    in accordance with the following:
    31  Notwithstanding any other provision  of  law
    32    to the contrary, funds appropriated herein
    33    are available to reimburse in- and out-of-
    34    state  private residential schools, pursu-
    35    ant to subdivision (c) of section  13.37-a
    36    and  subdivision  (g)  of section 13.38 of
    37    the  mental  hygiene  law,  for  costs  of
    38    supporting the residential and day program
    39    services  available to individuals who are
    40    over the age of 21 years of age,  provided
    41    that   the  amount  paid  for  residential
    42    services and/or maintenance costs  is  net
    43    of  any supplemental security income bene-
    44    fit  to  which  the  individual  receiving
    45    services is eligible, and provided further
    46    that  funding  for nonresidential services
    47    will be in an amount  not  to  exceed  the
    48    maximum  reimbursement for appropriate day
    49    services  delivered  by  the  office   for
    50    people   with  developmental  disabilities
    51    certified or approved providers other than
    52    in- and out-of-state  private  residential
    53    schools,  unless  otherwise  authorized by
    54    the director of the budget.
    55  Notwithstanding section  163  of  the  state
    56    finance  law,  section 142 of the economic

        S. 6081                            25

     1    development law, and  article  41  of  the
     2    mental  hygiene  law,  the commissioner of
     3    the office for people  with  developmental
     4    disabilities  may make the funds appropri-
     5    ated herein available as state aid, a loan
     6    or a grant, pursuant to terms  and  condi-
     7    tions  established  by the commissioner of
     8    the office for people  with  developmental
     9    disabilities,  to  cover  a portion of the
    10    development  costs  of   private,   public
    11    and/or non-profit organizations, including
    12    corporations  and partnerships established
    13    pursuant to the  private  housing  finance
    14    law and/or any other statutory provisions,
    15    for  supportive  housing  units  that have
    16    been set aside for individuals with intel-
    17    lectual  and  developmental  disabilities.
    18    Further, the office for people with devel-
    19    opmental disabilities shall have a lien on
    20    the  real  property  developed  with  such
    21    state aid, loans or grants, which shall be
    22    in the amount of the loan or grant, for  a
    23    maximum  term of 30 years, or other longer
    24    term consistent with the  requirements  of
    25    another regulatory agency.
    26  For  services  and  expenses  related to the
    27    provision  of  residential   services   to
    28    people   with  developmental  disabilities
    29    (37802) ..................................... 11,659,000
    30  For services and  expenses  related  to  the
    31    provision   of  day  program  services  to
    32    people  with  developmental   disabilities
    33    (37803) ...................................... 2,674,000
    34  For  services  and  expenses  related to the
    35    provision of family  support  services  to
    36    people   with  developmental  disabilities
    37    (37804) ...................................... 3,732,000
    38  For services and  expenses  related  to  the
    39    provision  of  workshop,  day training and
    40    employment services to people with  devel-
    41    opmental disabilities. Notwithstanding any
    42    other  provision of law, up to $800,000 of
    43    this appropriation may be  transferred  to
    44    the  New York State Education Departments'
    45    Adult  Career  and  Continuing   Education
    46    Services   -   Vocational   Rehabilitation
    47    (ACCES-VR) program to  support  the  Long-
    48    Term Sheltered Employment program operated
    49    by  FEDCAP  Rehabilitation  Services, Inc.
    50    (37805) ...................................... 2,154,000
    51  For other services and expenses provided  to
    52    people   with  developmental  disabilities
    53    including but not limited to hepatitis  B,
    54    care  at  home  waiver, epilepsy services,
    55    Special Olympics New York, Inc. and volun-
    56    tary fingerprinting (37806) .................... 335,000

        S. 6081                            26

     1                                              --------------

     2    §  14.  The  amount  specified  in this section, or so much thereof as
     3  shall be sufficient to accomplish  the  purpose  designated,  is  hereby
     4  appropriated  and  authorized to be paid as hereinafter provided, to the
     5  public officers and for the purpose specified,  which  amount  shall  be
     6  available for the state fiscal year beginning April 1, 2021.

     7                       DIVISION OF VETERANS' SERVICES

     8                              AID TO LOCALITIES

     9  BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 407,000
    10                                                            --------------

    11    General Fund
    12    Local Assistance Account - 10000

    13  For  payment  of annuities to blind veterans
    14    and   eligible surviving  spouses.  Up  to
    15    $15,000   of  this  appropriation  may  be
    16    transferred to state operations for admin-
    17    istrative  costs  associated   with   this
    18    program (54606) ................................ 407,000
    19                                              --------------

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

    27    §  16.  All  expenditures and disbursements made against the appropri-
    28  ations in this act shall, upon final action by the legislature on appro-
    29  priation bills submitted by the governor pursuant to article VII of  the
    30  state  constitution  for  the support of government for the state fiscal
    31  year beginning April 1, 2021,  be  transferred  by  the  comptroller  as
    32  expenditures  and  disbursements  to  such  appropriations for all state
    33  departments and agencies, the legislature and the judiciary, as applica-
    34  ble, in amounts equal to the amounts charged against the  appropriations
    35  in this act for each such department and agency, the legislature and the
    36  judiciary.

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

        S. 6081                            27

     1    §  18.  This  act shall take effect immediately and shall be deemed to
     2  have been in full force and effect on and after April 1, 2021; provided,
     3  however, that upon the transfer of expenditures and disbursements by the
     4  comptroller as provided in section sixteen of this  act,  the  appropri-
     5  ations  made  by  this  act  and subject to such section shall be deemed
     6  repealed.
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