Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 06, 2021 |
signed chap.101 delivered to governor returned to senate passed assembly message of necessity - 3 day message message of necessity - appropriation ordered to third reading rules cal.55 substituted for a6773 |
Apr 06, 2021 |
substituted by s6081 rules report cal.55 reported reported referred to rules referred to ways and means |
Assembly Bill A6773
Signed By Governor2021-2022 Legislative Session
Provides for emergency appropriation for the period April 1, 2021 through April 8, 2021
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status Via S6081 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Apr 6, 2021
aye (63)- Addabbo Jr.
- Akshar
- Bailey
- Benjamin
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
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Apr 6, 2021 - Rules Committee Vote
S608120Aye1Nay0Aye with Reservations0Absent0Excused0Abstained -
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2021-A6773 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6081
- Law Section:
- Appropriations
2021-A6773 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6773 2021-2022 Regular Sessions I N A S S E M B L Y April 6, 2021 ___________ Introduced by COMMITTEE ON RULES -- (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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature hereby finds and declares that the enactment of these appropriations provides sufficient authority to the comptroller for the purpose of making payments for the purposes described herein until such time as appropriation bills submit- ted by the governor pursuant to article VII of the state constitution for the support of government for the state fiscal year beginning April 1, 2021 are enacted. § 2. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropri- ated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021. ALL STATE DEPARTMENTS AND AGENCIES For the purpose of making payments for personal service, including liabilities incurred prior to April 1, 2021, on the payrolls scheduled to be paid during the period April 1 through April 8, 2021 to state officers and employees of the execu- tive branch, including the governor, lieu- tenant governor, comptroller and attorney general; to officers and employees of the judiciary; to officers and employees of the legislature, including payments to the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD12021-01-1 A. 6773 2 members of the senate and assembly under sections 5 and 5-a of the legislative law; and payments for services performed by mentally ill or developmentally disabled persons who are employed in state-operated special employment, work-for-pay or shel- tered workshop programs .................... 471,000,000 -------------- § 3. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropri- ated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021. ALL STATE DEPARTMENTS AND AGENCIES For the purpose of state agencies making payments for fringe benefit and indirect cost assessments incurred against personal service liabilities prior to April 1, 2021, and during the period April 1 through April 8, 2021 ....................... 65,000,000 -------------- § 4. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropri- ated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021. ALL STATE DEPARTMENTS AND AGENCIES For the payment of state operations nonper- sonal service liabilities to the executive branch, including the comptroller, the attorney general, and the legislature, incurred in the ordinary course of busi- ness, during the period April 1 through April 8, 2021, pursuant to existing state law and for purposes for which the legis- lature authorized the expenditure of moneys during the 2020-2021 state fiscal year; provided, however, that nothing contained herein shall be deemed to limit or restrict the power or authority of state departments or agencies to conduct their activities or operations in accord- ance with existing law, and further provided that nothing contained herein shall be deemed to supersede, nullify or modify the provisions of section 40 of the state finance law prescribing when appro- priations made for the 2020-2021 state fiscal year shall have ceased to have force and effect ............................ 22,000,000 A. 6773 3 -------------- § 5. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropri- ated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021. ALL STATE DEPARTMENTS AND AGENCIES The sum of thirty seven million dollars ($37,000,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated for contracts approved in accordance with section 112 of the state finance law for purposes for which the legislature author- ized the expenditures of money during the 2020-2021 fiscal year. An amount up to thirty seven million dollars ($37,000,000) shall be available for the payment of capital projects liabilities incurred during the period from April 1 through April 8, 2021 for contracts approved prior to April 1, 2021, provided, however, that nothing contained herein shall be deemed to limit or restrict the power or authori- ty of state departments or agencies to conduct their activities or operations in accordance with existing law, and further provided that nothing contained herein shall be deemed to supersede, nullify, or modify the provisions of section 40 of the state finance law prescribing when appro- priations made for the 2020-2021 fiscal year shall have ceased to have force and effect ...................................... 37,000,000 -------------- § 6. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropri- ated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021. ALL STATE DEPARTMENTS AND AGENCIES The sum of three million dollars ($3,000,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated for contracts approved in accordance with section 112 of the state finance law for purposes for which the legislature author- ized the expenditures of money during the 2020-2021 fiscal year. An amount up to A. 6773 4 three million dollars ($3,000,000) shall be available for the payment of capital projects liabilities incurred during the period from April 1 through April 8, 2021 for contracts approved after April 1, 2021, provided, however, that nothing contained herein shall be deemed to limit or restrict the power or authority of state departments or agencies to conduct their activities or operations in accord- ance with existing law, and further provided that nothing contained herein shall be deemed to supersede, nullify, or modify the provisions of section 40 of the state finance law prescribing when appro- priations made for the 2020-2021 fiscal year shall have ceased to have force and effect ....................................... 3,000,000 -------------- § 7. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2021. THE JUDICIARY For the payment of state operations nonper- sonal service liabilities, the sum of thirty-five million ($35,000,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated to the judiciary out of any moneys in the general fund or other funds to the credit of the state purposes account not otherwise appropriated. The comptroller is hereby authorized and directed to utilize this appropriation for the purpose of making payments for non- personal service liabilities incurred by the judiciary from April 1 through April 8, 2021 ..................................... 35,000,000 For the payment of aid to localities liabil- ities, the sum of one hundred thousand dollars ($100,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated to the judiciary out of any moneys in the general fund or other funds to the credit of the state purposes account not other- wise appropriated. The comptroller is hereby authorized and directed to utilize this appropriation for the purpose of making payments for aid to localities A. 6773 5 liabilities incurred by the judiciary from April 1 through April 8, 2021 .................. 100,000 For suballocation to the office of indigent legal services, at the direction of the chief administrator of the courts, for payment pursuant to law to New York city, pursuant to an agreement with such city, for services and expenses related to implementation of caseload standards for institutional providers representing indi- gent clients in criminal cases in such city. Notwithstanding any other provision of law, monies received by the office of indigent legal services pursuant to this suballocation may be distributed to New York city only to the extent necessary to enable compliance with section 127.7 of the rules of the chief administrator of the court (22 NYCRR § 127.7). Criminal Caseload Reduction program ........... 47,000,000 For the payment of employee fringe benefit programs including, but not limited to, the judiciary's contributions to the health insurance fund, the employees' retirement system pension accumulation fund, the social security contribution fund, employee benefit fund programs, the dental insurance plan, the vision care plan, the unemployment insurance fund, and for workers' compensation benefits, the sum of five million dollars ($5,000,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated to the judiciary out of any moneys in the general fund or other funds to the credit of the state purposes account not otherwise appropriated. The comptroller is hereby authorized and directed to utilize this appropriation for the purpose of making payments for employ- ee fringe benefit liabilities incurred by the judiciary from April 1 through April 8, 2021 ...................................... 5,000,000 -------------- § 8. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropri- ated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2021. MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES GENERAL STATE CHARGES STATE OPERATIONS A. 6773 6 GENERAL STATE CHARGES ...................................... 600,350,000 -------------- General Fund State Purposes Account - 10050 For employee fringe benefits according to the following project schedule including those benefits which are related to employees paid from funds, accounts, or programs where the division of the budget has issued waivers ......................... 570,300,000 PROJECT SCHEDULE PROJECT AMOUNT -------------------------------------------- For the state's contribution to the health insurance fund. The state's share of the health insurance program dividends shall be available to pay for the premiums in 2021-22 ...................... 400,000,000 For the state's contribution to the social security contribution fund ............. 75,000,000 For payments to the state insurance fund for workers' compensation benefits and other related workers' compensation costs prior to or after they become incurred including but not limited to the benefits defined in chapters 302 and 303 of the laws of 1985 ....... 50,500,000 For the state's contribution to employee benefit fund programs ...................... 35,000,000 For the state's contribution to the dental insurance plan ... 6,000,000 For reimbursement to the unem- ployment insurance fund for payments made to claimants formerly employed by the state of New York .............. 2,000,000 For the state's contribution to the vision care plan ........ 1,000,000 For the state's share of contributions to the volun- tary defined contribution plan made on behalf of eligible employees pursuant to chapter 18 of the laws of 2012 who elect to partic- A. 6773 7 ipate in such plan and who are not otherwise eligible to participate in the SUNY optional retirement program ...... 500,000 For payments for the income protection plans of current and prior years .................. 300,000 -------------- Project schedule total ................... 570,300,000 -------------- For judgments against the state pursuant to section 20 of the court of claims act and for judgments pursuant to actions brought in the court of claims against public benefit corporations indemnified by the state, exclusive of the payment of any judgments arising out of actions or proceedings brought to obtain payment for wages, salaries or other employee bene- fits. The moneys hereby appropriated are available for payment of any liabilities or obligations incurred prior to April 1, 2021 in addition to current liabilities ..... 25,000,000 For the payment of the defense by private counsel and the indemnification or payment on behalf of state officers and employees in civil judicial proceedings in accord- ance with the provisions of section 17 of the public officers law; the payment on behalf of the state, exclusive of the payment for wages, salaries or other employee benefits, in civil judicial proceedings where a state officer or employee entitled to a defense in accord- ance with section 17 of the public offi- cers law was dismissed from the civil judicial proceeding; the payment on behalf of the state, exclusive of the payment for wages, salaries or other employment bene- fits, and in civil judicial proceedings brought pursuant to Title VI of the Civil Rights Act of 1964, 42 USC § 2000d et seq., Title VII of the Civil Rights Act of 1964, 42 USC § 2000e et seq., Title IX of the Education Amendments of 1972, 20 USC § 1681 et seq., Titles II, III, and/or V of the Americans With Disabilities Act of 1990, 42 USC § 12101 et seq., of the Reha- bilitation Act of 1973, 29 USC § 791 et seq., the state human rights law and other employment related causes of action; and in criminal proceedings in accordance with the provisions of section 19 of the public officers law. The moneys hereby appropri- A. 6773 8 ated are available for payment of any liabilities or obligations incurred prior to April 1, 2021 in addition to current liabilities .................................. 3,000,000 For the payment of the metropolitan commuter transportation mobility tax pursuant to article 23 of the tax law as added by chapter 25 of the laws of 2009 on behalf of the state employees employed in the metropolitan commuter transportation district ..................................... 1,300,000 For assessments for local improvements. The moneys hereby appropriated are available for payment of any liabilities or obli- gations incurred prior to April 1, 2021 in addition to current liabilities ................ 500,000 For payment of claims for damage to personal or real property or for bodily injuries or wrongful death caused by officers, employ- ees, or other authorized persons providing service to state government while provid- ing such service, and the state university construction fund while acting within the scope of their employment, and while oper- ating motor vehicles, and for any individ- uals operating motor vehicles which are assigned on a permanent basis with unre- stricted use to state officers and employ- ees when the person is permanently assigned the motor vehicle ..................... 250,000 -------------- Total amount available ................... 600,350,000 ============== § 9. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2021. DEPARTMENT OF FAMILY ASSISTANCE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AID TO LOCALITIES EMPLOYMENT AND INCOME SUPPORT PROGRAM ...................... 212,916,000 -------------- General Fund Local Assistance Account - 10000 For state reimbursement of the safety net assistance program as established pursuant to chapter 436 of the laws of 1997. A. 6773 9 Notwithstanding section 153 of the social services law or any other inconsistent provision of law, funds appropriated here- in shall reimburse 29 percent of safety net assistance expenditures, including the cost of providing shelter supplements for safety net assistance households at local option, including eligible households containing a household member who has been released from prison, in order to prevent eviction and address homelessness in accordance with social services district plans approved by the office of temporary and disability assistance and the director of the budget, provided, however, that in social services districts with a popu- lation over five million no shelter supplements other than those to prevent eviction shall be reimbursed unless such social services district has agreed to offset claims for other eligible public assistance expenditures in an amount commensurate with the cost of any such supplements, and further provided that such supplements shall not be part of the standard of need pursuant to section 131-a of the social services law. Funds appro- priated herein shall also reimburse 29 percent of safety net assistance expendi- tures, in social services districts with a population over five million, for emergen- cy shelter, transportation, or nutrition payments which the district determines are necessary to establish or maintain inde- pendent living arrangements among persons living with medically diagnosed HIV infection as defined by the AIDS institute of the state department of health and who are homeless or facing homelessness and for whom no viable and less costly alter- native to housing is available; provided, however, that funds appropriated herein may only be used for such purposes if the cost of such allowances are not eligible for reimbursement under medical assistance or other programs. Funds appropriated herein shall reimburse 29 percent of safety net assistance expendi- tures, in social services districts with a population of five million or fewer, for emergency shelter payments promulgated by the office of temporary and disability assistance which the district determines are necessary to establish or maintain independent living arrangements among persons living with medically diagnosed A. 6773 10 HIV infection as defined by the AIDS institute of the state department of health and who are homeless or facing homelessness and for whom no viable and less costly alternative to housing is available; provided, however, that funds appropriated herein may only be used for such purposes if the cost of such allow- ances are not eligible for reimbursement under medical assistance or other programs. Funds appropriated herein shall reimburse 29 percent of safety net assistance expendi- tures, in social services districts with a population of five million or fewer, for emergency shelter payments in excess of those promulgated by the office of tempo- rary and disability assistance but not exceeding an amount reasonably approximate to 100 percent of fair market rent, at local option which the district determines are necessary to establish or maintain independent living arrangements among persons living with medically diagnosed HIV infection as defined by the AIDS institute of the State department of health and who are homeless or facing homelessness and for whom no viable and less costly alternative to housing is available; provided, however, that funds appropriated herein may only be used for such purposes if the cost of such allow- ances are not eligible for reimbursement under medical assistance or other programs. Such emergency shelter payments shall only be made at local option and in accordance with a plan approved by the office of temporary and disability assist- ance and the director of the budget. Provided, however, notwithstanding section 153 of the social services law or any other inconsistent provision of law, if necessary funding, as determined by the director of the budget, is secured in a social services district from the medical assistance program by reducing the capita- tion rates paid to medicaid managed care organizations by the amount of savings resulting from stably housing individuals living with medically diagnosed HIV infection as defined by the AIDS institute of the state department of health, the social services district shall make such emergency shelter payments in excess of those promulgated by the office of tempo- rary and disability assistance but not A. 6773 11 exceeding an amount reasonably approximate to 100 percent of fair market rent, and the savings shall be used to reimburse 100 percent of the cost of such excess emer- gency shelter payments for cases reim- bursed under the safety net assistance or family assistance programs in social services districts with a population of five million or fewer, in accordance with a plan approved by the office of temporary and disability assistance and the director of the budget; provided further that reimbursement shall be provided to medi- caid managed care organizations through adjustments to capitation rates should actual gross savings not be realized as determined by the director of the budget. For persons living with medically diagnosed HIV infection as defined by the AIDS institute of the state department of health living in social service districts with a population over five million who are receiving public assistance, funds appropriated herein shall be used to reim- burse 29 percent of the additional rental costs determined based on limiting such person's earned and/or unearned income contribution to 30 percent. For persons living with medically diagnosed HIV infection as defined by the AIDS institute of the state department of health living in social services districts with a population of five million or fewer who are receiving public assistance, funds appropriated herein may be used to reim- burse up to 100 percent of the additional rental costs determined based on limiting such person's earned and/or unearned income contribution to 30 percent. Such payments of additional rental costs shall only be made at local option and in accordance with a plan approved by the office of temporary and disability assist- ance and the director of the budget. Provided, however, notwithstanding section 153 of the social services law or any other inconsistent provision of law, if necessary funding, as determined by the director of the budget, is secured in a social services district from the medical assistance program by reducing the capita- tion rates paid to medicaid managed care organizations by the amount of savings resulting from stably housing individuals living with medically diagnosed HIV infection as defined by the AIDS institute A. 6773 12 of the state department of health, the social services district shall make such payments of additional rental costs, for cases reimbursed under the safety net assistance and family assistance program, and the savings shall be used to reimburse 100 percent of the cost of the additional rental costs determined based on limiting such person's earned and/or unearned income contribution to 30 percent in social services districts with a popu- lation of five million or fewer, in accordance with a plan approved by the office of temporary and disability assist- ance and the director of the budget; provided further that reimbursement shall be provided to medicaid managed care organizations through adjustments to capi- tation rates should actual gross savings not be realized as determined by the director of the budget. Amounts appropriated herein may be used to enter into contracts with persons or enti- ties authorized pursuant to subdivision (i) of section 17 of the social services law consistent with federal law and requirements. Such contracts will be consistent with subdivision (i) of section 17 of the social services law. Notwith- standing section 153 of the social services law or any other inconsistent provision of law, the office may reduce reimbursement otherwise payable to social services districts to recover 29 percent of costs incurred by the office for expenditures related to subdivision (i) of section 17 of the social services law. Such funds are to be available for payment of aid heretofore accrued or hereafter to accrue to municipalities. Subject to the approval of the director of the budget, such funds shall be available to the office of temporary and disability assist- ance net of disallowances, refunds, reimbursements, and credits, including those related to title IV-E of the social security act; and including, but not limited to, additional federal funds resulting from any changes in federal cost allocation methodologies. Notwithstanding any inconsistent provision of law, the amount herein appropriated may be increased or decreased by interchange with any other appropriation within the office of temporary and disability assist- ance general fund - local assistance A. 6773 13 account with the approval of the director of the budget, who shall file such approval with the department of audit and control and copies thereof with the chair- man of the senate finance committee and the chairman of the assembly ways and means committee. Social services districts shall be required to report to the office of temporary and disability assistance on an annual basis, information, as determined and requested by the office, related to services and expenditures for which reimbursement is sought for providing temporary housing assistance to homeless individuals and families. Such information shall be submitted electronically to the extent feasible as determined by the office, and shall be used to evaluate expenditures by such social services districts for the provision of temporary housing assistance for homeless individuals and families. Notwithstanding section 153 of the social services law, or any other inconsistent provision of law, the office of temporary and disability assistance may withhold or deny reimbursement, in whole or in part, to any social services district that fails to develop or submit a homeless services plan subject to the approval of the office of temporary and disability assistance, fails to provide homeless services and outreach in accordance with its approved homeless services plan, or fails to devel- op or submit homeless services outcome reports, consistent with those require- ments promulgated by the office of tempo- rary and disability assistance. Notwithstanding section 153 of the social services law, or any other inconsistent provision of law, such appropriation shall be available for reimbursement of eligible costs incurred on or after January 1, 2021 and before January 1, 2022, that are otherwise reimbursable by the state on or after April 1, 2021, that are claimed by March 1, 2022. Such reimbursement shall constitute total state reimbursement for activities funded herein in state fiscal year 2021-22 (52203) ........................ 46,250,000 For expenditures for additional state payments for eligible aged, blind, and disabled persons related to supplemental security income and for expenditures made pursuant to title 8 of article 5 of the social services law. Such funds are avail- A. 6773 14 able for payment of aid heretofore accrued or hereafter to accrue. Notwithstanding any inconsistent provision of law, the amount herein appropriated may be increased or decreased by interchange with any other appropriation within the office of temporary and disability assistance general fund - local assistance account with the approval of the director of the budget, who shall file such approval with the department of audit and control and copies thereof with the chairman of the senate finance committee and the chairman of the assembly ways and means committee (52311) ..................................... 58,333,000 -------------- Program account subtotal ................. 104,583,000 -------------- Special Revenue Funds - Federal Federal Health and Human Services Fund Temporary Assistance for Needy Families Account - 25178 For reimbursement of the cost of the family assistance and the emergency assistance to families programs. Notwithstanding section 153 of the social services law or any inconsistent provision of law, funds appropriated herein shall be provided without state or local participation except that for social services districts with a population of five million or more, reimbursement will be eighty-five percent. Funds appropriated herein shall also include the cost of providing shelter supplements for family assistance house- holds at local option, including eligible households containing a household member who has been released from prison, in order to prevent eviction and address homelessness in accordance with social services district plans approved by the office of temporary and disability assist- ance and the director of the budget, provided, however, that in social services districts with a population over five million no shelter supplements other than those to prevent eviction shall be reim- bursed unless such social services district has agreed to offset claims for other eligible public assistance expendi- tures in an amount commensurate with the cost of any such supplement, and further provided that such supplements shall not be part of the standard of need pursuant A. 6773 15 to section 131-a of the social services law. Funds appropriated herein shall also reim- burse for family assistance expenditures for emergency shelter, transportation, or nutrition payments which the district determines are necessary to establish or maintain independent living arrangements among persons living with medically diag- nosed HIV infection as defined by the AIDS institute of the State department of health and who are homeless or facing homelessness and for whom no viable and less costly alternative to housing is available; provided, however, that funds appropriated herein may only be used for such purposes if the cost of such allow- ances are not eligible for reimbursement under medical assistance or other programs. For persons living with medically diagnosed HIV infection as defined by the AIDS institute of the state department of health who are receiving public assistance funds appropriated herein shall not be used to reimburse the additional rental costs determined based on limiting such person's earned and/or unearned income contribution to 30 percent. Amounts appropriated herein may be used to enter into contracts with persons or enti- ties authorized pursuant to subdivision (i) of section 17 of the social services law consistent with federal law and requirements. Such contracts will be made consistent with subdivision (i) of section 17 of the social services law. Notwith- standing section 153 of the social services law or any other inconsistent provision of law, the office may reduce reimbursement otherwise payable to social services districts to recover the federal share of costs incurred by the office for expenditures related to subdivision (i) of section 17 of the social services law. Such funds are to be available for payment of aid heretofore accrued or hereafter to accrue to municipalities. Subject to the approval of the director of the budget, such funds shall be available to the office of temporary and disability assist- ance net of disallowances, refunds, reimbursements, and credits including, but not limited to, additional federal funds resulting from any changes in federal cost allocation methodologies. A. 6773 16 Notwithstanding any inconsistent provision of law, the amount herein appropriated may be increased or decreased by interchange with any other appropriation within the office of temporary and disability assist- ance federal fund - local assistance account with the approval of the director of the budget, who shall file such approval with the department of audit and control and copies thereof with the chair- man of the senate finance committee and the chairman of the assembly ways and means committee. Social services districts shall be required to report to the office of temporary and disability assistance on an annual basis, information, as determined and requested by the office, related to services and expenditures for which reimbursement is sought for providing temporary housing assistance to homeless individuals and families. Such information shall be submitted electronically to the extent feasible as determined by the office, and shall be used to evaluate expenditures by such social services districts for the provision of temporary housing assistance for homeless individuals and families. Notwithstanding section 153 of the social services law, or any other inconsistent provision of law, the office of temporary and disability assistance may withhold or deny reimbursement, in whole or in part, to any social services district that fails to develop or submit a homeless services plan subject to the approval of the office of temporary and disability assistance, fails to provide homeless services and outreach in accordance with its approved homeless services plan, or fails to devel- op or submit homeless services outcome reports, consistent with those require- ments promulgated by the office of tempo- rary and disability assistance. Notwithstanding section 153 of the social services law, or any other inconsistent provision of law, such appropriation shall be available for reimbursement of eligible costs incurred on or after January 1, 2021 and before January 1, 2022, that are otherwise reimbursable by the state on or after April 1, 2021, that are claimed by March 1, 2022. Such reimbursement shall constitute total federal reimbursement for activities funded herein in state fiscal year 2021-22 (52203) ...................... 108,333,000 A. 6773 17 -------------- Program account subtotal ................. 108,333,000 -------------- § 10. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2021. DEPARTMENT OF HEALTH AID TO LOCALITIES CENTER FOR COMMUNITY HEALTH PROGRAM ......................... 19,200,000 -------------- General Fund Local Assistance Account - 10000 For services and expenses related to the Indian health program. The moneys hereby appropriated shall be for payment of financial assistance heretofore accrued or hereafter to accrue (26840) .................. 3,200,000 -------------- Program account subtotal ................... 3,200,000 -------------- Special Revenue Funds - Federal Federal USDA-Food and Nutrition Services Fund Federal Food and Nutrition Services Account - 25022 For various federal food and nutritional services. The moneys hereby appropriated shall be available for payment of finan- cial assistance heretofore accrued (26986) .. 16,000,000 -------------- Program account subtotal .................. 16,000,000 -------------- § 11. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021. JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS AID TO LOCALITIES COMMUNITY SUPPORT PROGRAMS ..................................... 105,000 -------------- Special Revenue Funds - Other A. 6773 18 Miscellaneous Special Revenue Fund Federal Salary Sharing Account - 22056 Notwithstanding any other provision of law, the money hereby appropriated may be increased or decreased by interchange, with any appropriation of the justice center for the protection of people with special needs, and may be increased or decreased by transfer or suballocation between these appropriated amounts and appropriations of the commission on quali- ty of care and advocacy for persons with disabilities, office of mental health, office for people with developmental disa- bilities, office of addiction services and supports, department of health, and the office of children and family services with the approval of the director of the budget who shall file such approval with the department of audit and control and copies thereof with the chairman of the senate finance committee and the chairman of the assembly ways and means committee. For surrogate decision-making committee program contracts with local service providers (48926) .............................. 105,000 -------------- § 12. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021. DEPARTMENT OF LABOR AID TO LOCALITIES UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ................... 5,000,000,000 -------------- Enterprise Funds Unemployment Insurance Benefit Fund Unemployment Insurance Benefit Account - 50650 For payment of unemployment insurance bene- fits pursuant to article 18 of the labor law or as authorized by the federal government through the disaster unemploy- ment assistance program, the emergency unemployment compensation program, the extended benefit program, the federal additional compensation program or any other federally funded unemployment bene- fit program (34787) ...................... 5,000,000,000 A. 6773 19 -------------- § 13. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2021. DEPARTMENT OF MENTAL HYGIENE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AID TO LOCALITIES COMMUNITY SERVICES PROGRAM .................................. 98,034,000 -------------- General Fund Local Assistance Account - 10000 For services and expenses of the community services program, net of disallowances, for community programs for people with developmental disabilities pursuant to article 41 of the mental hygiene law, and/or chapter 620 of the laws of 1974, chapter 660 of the laws of 1977, chapter 412 of the laws of 1981, chapter 27 of the laws of 1987, chapter 729 of the laws of 1989, chapter 329 of the laws of 1993 and other provisions of the mental hygiene law. Notwithstanding any inconsistent provision of law, the following appropri- ation shall be net of prior and/or current year refunds, rebates, reimbursements, and credits. Notwithstanding any other provision of law, advances and reimbursement made pursuant to subdivision (d) of section 41.15 and section 41.18 of the mental hygiene law shall be allocated pursuant to a plan and in a manner prescribed by the agency head and approved by the director of the budg- et. The moneys hereby appropriated are available to reimburse or advance locali- ties and voluntary non-profit agencies for expenditures made during local fiscal periods commencing January 1, 2020, April 1, 2020 or July 1, 2020, and for advances for the 3 month period beginning January 1, 2021. Notwithstanding the provisions of article 41 of the mental hygiene law or any other inconsistent provision of law, rule or regulation, the commissioner, pursuant to such contract and in the manner provided A. 6773 20 therein, may pay all or a portion of the expenses incurred by such voluntary agen- cies arising out of loans which are funded from the proceeds of bonds and notes issued by the dormitory authority of the state of New York. Notwithstanding any other provision of law, the money hereby appropriated may be transferred to state operations and/or any appropriation of the office for people with developmental disabilities with the approval of the director of the budget. Notwithstanding any inconsistent provision of law, moneys from this appropriation may be used for state aid of up to 100 percent of the net deficit costs of day training programs and family support services. Notwithstanding the provisions of section 16.23 of the mental hygiene law and any other inconsistent provision of law, with relation to the operation of certified family care homes, including family care homes sponsored by voluntary not-for-pro- fit agencies, moneys from this appropri- ation may be used for payments to purchase general services including but not limited to respite providers, up to a maximum of 7 days, at rates to be established by the commissioner and approved by the director of the budget in consideration of factors including, but not limited to, geographic area and number of clients cared for in the home and for payment in an amount determined by the commissioner for the personal needs of each client residing in the family care home. Notwithstanding the provisions of subdivi- sion 12 of section 8 of the state finance law and any other inconsistent provision of law, moneys from this appropriation may be used for expenses of family care homes including payments to operators of certi- fied family care homes for damages caused by clients to personal and real property in accordance with standards established by the commissioner and approved by the director of the budget. Notwithstanding any inconsistent provision of law, moneys from this appropriation may be used for appropriate day program services and residential services includ- ing, but not limited to, direct housing subsidies to individuals, start-up expenses for family care providers, envi- ronmental modifications, adaptive technol- ogies, appraisals, property options, A. 6773 21 feasibility studies and preoperational expenses. Notwithstanding any inconsistent provision of law, for the period commencing on April 1, 2020 and ending March 31, 2021 the commissioner shall not apply any cost of living adjustment for the purpose of establishing rates of payments, contracts or any other form of reimbursement. Notwithstanding section 6908 of the educa- tion law and any other provision of law, rule or regulation to the contrary, direct support staff in programs certified or approved by the office for people with developmental disabilities, including the home and community based services waiver programs that the office for people with developmental disabilities is authorized to administer with federal approval pursu- ant to subdivision (c) of section 1915 of the federal social security act, are authorized to provide such tasks as OPWDD may specify when performed under the supervision, training and periodic inspection of a registered professional nurse and in accordance with an authorized practitioner's ordered care. Funds appropriated herein shall be available in accordance with the following: Notwithstanding any inconsistent provision of law, the director of the budget is authorized to make suballocations from this appropriation to the department of health medical assistance program. Notwithstanding any inconsistent provision of law, and pursuant to criteria estab- lished by the commissioner of the office for people with developmental disabilities and approved by the director of the budg- et, expenditures may be made from this appropriation for residential facilities which are pending recertification as intermediate care facilities for people with developmental disabilities. Notwithstanding the provisions of section 41.36 of the mental hygiene law and any other inconsistent provision of law, moneys from this appropriation may be used for payment up to $250 per year per client, at such times and in such manner as determined by the commissioner on the basis of financial need for the personal needs of each client residing in voluntar- y-operated community residences and volun- tary-operated community residential alter- natives, including individualized A. 6773 22 residential alternatives under the home and community based services waiver. The commissioner shall, subject to the approval of the director of the budget, alter existing advance payment schedules for voluntary-operated community resi- dences established pursuant to section 41.36 of the mental hygiene law. Notwithstanding any inconsistent provision of law, moneys from this appropriation may be used for the operation of clinics licensed pursuant to article 16 of the mental hygiene law including, but not limited to, supportive and habilitative services consistent with the home and community based services waiver. For the state share of medical assistance services expenses incurred by the depart- ment of health for the provision of medical assistance services to people with developmental disabilities (37835) .......... 77,480,000 For services and expenses of the community services program, net of disallowances, for community programs for people with developmental disabilities pursuant to article 41 of the mental hygiene law, and/or chapter 620 of the laws of 1974, chapter 660 of the laws of 1977, chapter 412 of the laws of 1981, chapter 27 of the laws of 1987, chapter 729 of the laws of 1989, chapter 329 of the laws of 1993 and other provisions of the mental hygiene law. Notwithstanding any inconsistent provision of law, the following appropri- ation shall be net of prior and/or current year refunds, rebates, reimbursements, and credits. Notwithstanding any other provision of law, advances and reimbursement made pursuant to subdivision (d) of section 41.15 and section 41.18 of the mental hygiene law shall be allocated pursuant to a plan and in a manner prescribed by the agency head and approved by the director of the budg- et. The moneys hereby appropriated are available to reimburse or advance locali- ties and voluntary non-profit agencies for expenditures made during local fiscal periods commencing January 1, 2020, April 1, 2020 or July 1, 2020, and for advances for the 3 month period beginning January 1, 2021. Notwithstanding the provisions of article 41 of the mental hygiene law or any other inconsistent provision of law, rule or regulation, the commissioner, pursuant to A. 6773 23 such contract and in the manner provided therein, may pay all or a portion of the expenses incurred by such voluntary agen- cies arising out of loans which are funded from the proceeds of bonds and notes issued by the dormitory authority of the state of New York. Notwithstanding any other provision of law, the money hereby appropriated may be transferred to state operations and/or any appropriation of the office for people with developmental disabilities with the approval of the director of the budget. Notwithstanding any inconsistent provision of law, moneys from this appropriation may be used for state aid of up to 100 percent of the net deficit costs of day training programs and family support services. Notwithstanding the provisions of section 16.23 of the mental hygiene law and any other inconsistent provision of law, with relation to the operation of certified family care homes, including family care homes sponsored by voluntary not-for-pro- fit agencies, moneys from this appropri- ation may be used for payments to purchase general services including but not limited to respite providers, up to a maximum of 7 days, at rates to be established by the commissioner and approved by the director of the budget in consideration of factors including, but not limited to, geographic area and number of clients cared for in the home and for payment in an amount determined by the commissioner for the personal needs of each client residing in the family care home. Notwithstanding the provisions of subdivi- sion 12 of section 8 of the state finance law and any other inconsistent provision of law, moneys from this appropriation may be used for expenses of family care homes including payments to operators of certi- fied family care homes for damages caused by clients to personal and real property in accordance with standards established by the commissioner and approved by the director of the budget. Notwithstanding any inconsistent provision of law, moneys from this appropriation may be used for appropriate day program services and residential services includ- ing, but not limited to, direct housing subsidies to individuals, start-up expenses for family care providers, envi- ronmental modifications, adaptive technol- A. 6773 24 ogies, appraisals, property options, feasibility studies and preoperational expenses. Notwithstanding any inconsistent provision of law, for the period commencing on April 1, 2020 and ending March 31, 2021 the commissioner shall not apply any cost of living adjustment for the purpose of establishing rates of payments, contracts or any other form of reimbursement. Notwithstanding section 6908 of the educa- tion law and any other provision of law, rule or regulation to the contrary, direct support staff in programs certified or approved by the office for people with developmental disabilities, including the home and community based services waiver programs that the office for people with developmental disabilities is authorized to administer with federal approval pursu- ant to subdivision (c) of section 1915 of the federal social security act, are authorized to provide such tasks as OPWDD may specify when performed under the supervision, training and periodic inspection of a registered professional nurse and in accordance with an authorized practitioner's ordered care. Funds appropriated herein shall be available in accordance with the following: Notwithstanding any other provision of law to the contrary, funds appropriated herein are available to reimburse in- and out-of- state private residential schools, pursu- ant to subdivision (c) of section 13.37-a and subdivision (g) of section 13.38 of the mental hygiene law, for costs of supporting the residential and day program services available to individuals who are over the age of 21 years of age, provided that the amount paid for residential services and/or maintenance costs is net of any supplemental security income bene- fit to which the individual receiving services is eligible, and provided further that funding for nonresidential services will be in an amount not to exceed the maximum reimbursement for appropriate day services delivered by the office for people with developmental disabilities certified or approved providers other than in- and out-of-state private residential schools, unless otherwise authorized by the director of the budget. Notwithstanding section 163 of the state finance law, section 142 of the economic A. 6773 25 development law, and article 41 of the mental hygiene law, the commissioner of the office for people with developmental disabilities may make the funds appropri- ated herein available as state aid, a loan or a grant, pursuant to terms and condi- tions established by the commissioner of the office for people with developmental disabilities, to cover a portion of the development costs of private, public and/or non-profit organizations, including corporations and partnerships established pursuant to the private housing finance law and/or any other statutory provisions, for supportive housing units that have been set aside for individuals with intel- lectual and developmental disabilities. Further, the office for people with devel- opmental disabilities shall have a lien on the real property developed with such state aid, loans or grants, which shall be in the amount of the loan or grant, for a maximum term of 30 years, or other longer term consistent with the requirements of another regulatory agency. For services and expenses related to the provision of residential services to people with developmental disabilities (37802) ..................................... 11,659,000 For services and expenses related to the provision of day program services to people with developmental disabilities (37803) ...................................... 2,674,000 For services and expenses related to the provision of family support services to people with developmental disabilities (37804) ...................................... 3,732,000 For services and expenses related to the provision of workshop, day training and employment services to people with devel- opmental disabilities. Notwithstanding any other provision of law, up to $800,000 of this appropriation may be transferred to the New York State Education Departments' Adult Career and Continuing Education Services - Vocational Rehabilitation (ACCES-VR) program to support the Long- Term Sheltered Employment program operated by FEDCAP Rehabilitation Services, Inc. (37805) ...................................... 2,154,000 For other services and expenses provided to people with developmental disabilities including but not limited to hepatitis B, care at home waiver, epilepsy services, Special Olympics New York, Inc. and volun- tary fingerprinting (37806) .................... 335,000 A. 6773 26 -------------- § 14. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021. DIVISION OF VETERANS' SERVICES AID TO LOCALITIES BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 407,000 -------------- General Fund Local Assistance Account - 10000 For payment of annuities to blind veterans and eligible surviving spouses. Up to $15,000 of this appropriation may be transferred to state operations for admin- istrative costs associated with this program (54606) ................................ 407,000 -------------- § 15. No expenditure may be made from any appropriation in this act, until a certificate of approval has been issued by the director of the budget and a copy of such certificate shall have been filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee provided, however, that any expenditures from any appropriation in this act made by the legislature or judiciary shall not require such certificate. § 16. All expenditures and disbursements made against the appropri- ations in this act shall, upon final action by the legislature on appro- priation bills submitted by the governor pursuant to article VII of the state constitution for the support of government for the state fiscal year beginning April 1, 2021, be transferred by the comptroller as expenditures and disbursements to such appropriations for all state departments and agencies, the legislature and the judiciary, as applica- ble, in amounts equal to the amounts charged against the appropriations in this act for each such department and agency, the legislature and the judiciary. § 17. Severability clause. If any clause, sentence, paragraph, subdi- vision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. A. 6773 27 § 18. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021; provided, however, that upon the transfer of expenditures and disbursements by the comptroller as provided in section sixteen of this act, the appropri- ations made by this act and subject to such section shall be deemed repealed.
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