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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Apr 17, 2023 |
signed chap.124 delivered to governor returned to assembly passed senate message of necessity - 3 day message message of necessity - appropriation 3rd reading cal.592 substituted for s6340 |
| Apr 17, 2023 |
substituted by a6550 ordered to third reading cal.592 referred to rules |
Senate Bill S6340
Signed By Governor2023-2024 Legislative Session
Provides for emergency appropriation for the period April 1, 2023 through April 20, 2023
download bill text pdfSponsored By
(D, WF) 28th Senate District
Current Bill Status Via A6550 - 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 17, 2023
aye (59)- Addabbo Jr.
- Ashby
- Bailey
- Borrello
- Breslin
- Brisport
- Brouk
- Canzoneri-Fitzpatrick
- Chu
- Cleare
- Comrie
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martinez
- Martins
- Mattera
- May
- Mayer
- Murray
- Myrie
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rhoads
- Rivera
- Rolison
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Walczyk
- Webb
- Weber
- Weik
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Apr 17, 2023 - Rules Committee Vote
S634016Aye0Nay3Aye with Reservations0Absent2Excused0Abstained -
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2023-S6340 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6550
- Law Section:
- Appropriations
- Laws Affected:
- Amd §§2 - 8 & 10, Chap 121 of 2023; amd §§8 & 10, Chap 122 of 2023
2023-S6340 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6340
SPONSOR: KRUEGER
TITLE OF BILL:
An act making appropriations for the support of government; to amend
chapter 121 of the laws of 2023 relating to making appropriations for
the support of government, in relation thereto; and to amend chapter 122
of the laws of 2023, relating to making appropriations for the support
of government, in relation thereto, and providing for the repeal of such
provisions upon expiration thereof
PURPOSE:
This bill provides appropriations to various State departments and agen-
cies to permit certain payments due from April 1 to April 20, 2023, to
be made absent enactment of the Budget appropriation bills submitted by
the Governor for the State fiscal year beginning April 1, 2023.
SUMMARY OF PROVISIONS:
Section 1 authorizes the Comptroller to utilize the appropriations
contained in this bill, which relate to the 2023-24 State fiscal year, absent enactment of the 2023-24 Budget. Section 2 provides $256 million in additional appropriation authority for personal service payments scheduled to be made to State officers and employees on the payrolls scheduled to be paid between April 1 through April 20, 2023. This appropriation also includes funding for payment of health care and mental hygiene bonuses to eligible State employees, and payment for services performed by mentally ill or developmentally disa- bled persons who are employed in State operated special employment, work for pay or sheltered workshop programs. Section 3 provides $ 26.6 million in additional appropriation authority for nonpersonal service payments by various State agencies. It is the intent of this section to provide sufficient authorization for agencies to enter into contracts, the terms of which may continue beyond the life of this appropriation and for which payments for liabilities incurred beyond April 20, 2023 would be made subject to additional future appro- priations. Section 4 provides $140 million in additional appropriation authority for existing capital projects contract costs approved prior to April 1, 2023 for all agencies. Section 5 provides $25 million in additional appropriation authority for existing capital projects contract costs approved after April 1, 2023 for all agencies. Section 6 provides additional appropriation authority of $35.2 million for payment of State employee and retiree fringe benefits and other fixed costs mandated by statute or collective bargaining agreement during the period April 1 to April 20, 2023. The appropriation amount includes the State's contribution to the New York State Health Insurance Program, Social Security payroll tax, Employee Benefit Funds, the Volun- tary Defined Contribution Plan, Workers' Compensation, and the Metropol- itan Commuter Transportation Mobility Tax. Section 7: * Continues $65 million in appropriation authority for personal service payments for the Judiciary. * Continues $50 million in appropriation authority for nonpersonal service in the Judiciary. * Continues $15 million in appropriation authority for aid to localities liabilities incurred by the Judiciary. * Provides $206 million in additional appropriation authority for vari- ous employee fringe benefit programs within the Judiciary. Section 8 continues $52 million in appropriation authority for Safety Net Assistance and $125 million in Family Assistance. These benefits payments are set in statute, though the timing of the actual payment is flexible. New appropriation is necessary due to restrictive language for reimbursement of program costs. Section 8 also continues $58 million in appropriation authority for the state Supplemental Contribution Plan, Security Income (SSI) program, which makes monthly cash payments to aged, blind, and disabled low-income New Yorkers, and by statute must be received by the first of the month. Section 9 provides $348,000 in appropriation authority for the Depart- ment of Agriculture and Markets local spending. Section 10: * Provides $3.2 million in additional appropriation to the Department of Health for the Center for Community Health Program. The funds are in support of the American Indian Health Care Program to provide payments to support pharmacy providers. * Provides an additional $3.7 million in appropriation authority to the Department of Health for the Special Supplemental Nutrition Program for Women, Infants, and Children Program. The funds are in support of daily draws that reimburse vendors for services provided. * Continues $9 million in appropriation authority to the Department of Health for transfer to the health research incorporated for the AIDS drug assistance program, including payments to Ryan White centers. Section 11 provides $144 million in additional appropriation authority for the continuation of unemployment insurance benefits. Necessary due to daily new liabilities created by those filing unemployment insurance benefit claims. Section 12 provides $4.5 million in additional appropriation authority to the Office for People with Developmental Disabilities to support not-for-profit providers of essential programs and services. Section 13 provides $541,000 in appropriation authority for the Depart- ment of State's local spending. Section 14 prohibits expenditures from all appropriations until certif- icates of approval have been issued by the Director of the Budget and filed with certain State officers. Section 15 requires the Comptroller to transfer any expenditures made against these appropriations to the 2023-24 Budget appropriations after they have become law. Section 16, the severability clause, provides that if any part of this Act be adjudged by any court of competent jurisdiction to be invalid, such judgment would not invalidate the remainder of the Act. Section 17 provides that the bill takes effect immediately and is deemed to be in full force and effect on April 1, 2023, and, further, that the appropriations made in the bill will be deemed repealed upon the trans- fer of expenditures by the Comptroller pursuant to section 15 of the bill. STATEMENT IN SUPPORT: This bill will allow the State to make certain payments and incur certain liabilities during the period April 1 through April 20, 2023 on a timely basis, in the absence of an enacted budget for State fiscal year 2023-24. BUDGET IMPLICATIONS: Expenditures and disbursements made against these appropriations shall, upon final action by the Legislature on the appropriation bills submit- ted by the Governor for the support of government for the State fiscal year beginning April 1, 2023, be transferred by the Comptroller as expenditures and disbursements to such appropriations for State depart- ments and agencies. Accordingly, this bill will have no additional impact on the State's 2023-24 Financial Plan.
2023-S6340 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6340
2023-2024 Regular Sessions
I N S E N A T E
April 17, 2023
___________
Introduced by Sen. KRUEGER -- (at request of the Governor) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
AN ACT making appropriations for the support of government; to amend
chapter 121 of the laws of 2023 relating to making appropriations for
the support of government, in relation thereto; and to amend chapter
122 of the laws of 2023, relating to making appropriations for the
support of government, in relation thereto, and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
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, 2023 are enacted.
§ 2. Section 2 of chapter 121 of the laws of 2023, relating to making
appropriations for the support of government, as amended by chapter 122
of the laws of 2023, is amended to read as follows:
§ 2. 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 purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2023.
ALL STATE DEPARTMENTS AND AGENCIES
For the purpose of making payments for
personal service, including liabilities
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12008-01-3
S. 6340 2
incurred prior to April 1, 2023, on the
payrolls scheduled to be paid during the
period April 1 through April [17] 20, 2023
to state officers and employees of the
executive branch, including the governor,
lieutenant governor, comptroller, and
attorney general, and to employees of the
legislature. This appropriation also
includes funding for payment of health
care and mental hygiene bonuses to eligi-
ble state employees, and payments for
services performed by mentally ill or
developmentally disabled persons who are
employed in state-operated special employ-
ment, work-for-pay or sheltered workshop
programs .................... [458,000,000] 714,000,000
--------------
§ 3. Section 3 of chapter 121 of the laws of 2023, relating to making
appropriations for the support of government, as amended by chapter 122
of the laws of 2023, is amended to read as follows:
§ 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, 2023.
ALL STATE DEPARTMENTS AND AGENCIES
For the payment of state operations non
personal service liabilities to the execu-
tive branch, including the comptroller,
and the attorney general, and legislature,
incurred in the ordinary course of busi-
ness, during the period April 1 through
April [17] 20, 2023, pursuant to existing
state law and for purposes for which the
legislature authorized the expenditure of
moneys during the 2022-2023 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 2022-2023 state
fiscal year shall have ceased to have
force and effect ............. [22,000,000] 48,600,000
--------------
S. 6340 3
§ 4. Section 4 of chapter 121 of the laws of 2023, relating to making
appropriations for the support of government, as amended by chapter 122
of the laws of 2023, is amended to read as follows:
§ 4. 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, 2023.
ALL STATE DEPARTMENTS AND AGENCIES
The sum of [thirty million dollars
($30,000,000)] ONE HUNDRED SEVENTY MILLION
DOLLARS ($170,000,000), or so much thereof
as shall be sufficient to accomplish the
purpose designated, is hereby appropriated
for contracts and grants approved for
purposes for which the legislature author-
ized the expenditures of money during the
2022-2023 fiscal year. An amount up to
[thirty million dollars ($30,000,000)] ONE
HUNDRED SEVENTY MILLION DOLLARS
($170,000,000) shall be available for the
payment of capital projects liabilities
incurred during the period from April 1
through April [17] 20, 2023 for contracts
and grants approved prior to April 1,
2023, 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 2022-2023 fiscal
year shall have ceased to have force and
effect ...................................
.............................. [30,000,000] 170,000,000
--------------
§ 5. Section 5 of chapter 121 of the laws of 2023, relating to making
appropriations for the support of government, as amended by chapter 122
of the laws of 2023, is amended to read as follows:
§ 5. The several amounts specified in this section, or so much thereof
as shall be sufficient to accomplish the purposes designated, are hereby
appropriated and authorized to be paid as hereinafter provided, to the
respective public officers and for the several purposes specified, which
amounts shall be available for the state fiscal year beginning April 1,
2023.
ALL STATE DEPARTMENTS AND AGENCIES
The sum of [five million dollars
S. 6340 4
($5,000,000)] THIRTY MILLION DOLLARS
($30,000,000), or so much thereof as shall
be sufficient to accomplish the purpose
designated, is hereby appropriated for
contracts and grants approved for which
the legislature authorized the expendi-
tures of money during the 2022-2023 fiscal
year. An amount up to [five million
dollars ($5,000,000)] THIRTY MILLION
DOLLARS ($30,000,000) shall be available
for the payment of capital projects
liabilities incurred during the period
from April 1 through April [17] 20, 2023
for contracts and grants approved after
April 1, 2023, 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 2022-2023 fiscal
year shall have ceased to have force and
effect ........................ [5,000,000] 30,000,000
--------------
§ 6. Section 6 of chapter 121 of the laws of 2023, relating to making
appropriations for the support of government, as amended by chapter 122
of the laws of 2023, is amended to read as follows:
§ 6. 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, 2023.
MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
GENERAL STATE CHARGES
STATE OPERATIONS
GENERAL STATE CHARGES ...................... [524,660,000] 559,815,000
--------------
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 .......... [522,460,000] 556,440,000
S. 6340 5
Project Schedule
PROJECT AMOUNT
--------------------------------------------
For the state's contribution
to the social security
contribution fund ..........
................ [42,000,000] 70,000,000
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-
ipate in such plan and who
are not otherwise eligible
to participate in the SUNY
optional retirement program
................... [460,000] 690,000
For the state's contribution
to the health insurance fund
and deposit into the retiree
health benefit trust fund
pursuant to section 99-aa of
the state finance law. The
state's share of the health
insurance program dividends
shall be available to pay
for the premiums in 2023-24 .. 400,000,000
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 ....... 45,000,000
For the state's contribution
to employee benefit fund
programs ...................... 35,000,000
FOR THE STATE'S CONTRIBUTION
TO THE DENTAL INSURANCE PLAN ... 4,250,000
FOR THE STATE'S CONTRIBUTION
TO THE VISION CARE PLAN ........ 1,500,000
--------------
Project schedule total ...
........... [522,460,000] 556,440,000
--------------
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
S. 6340 6
metropolitan commuter transportation
district ...................... [2,200,000] 3,300,000
--------------
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 (80559) .............. 75,000
--------------
§ 7. Section 7 of chapter 121 of the laws of 2023, relating to making
appropriations for the support of government, as amended by chapter 122
of the laws of 2023, is amended to read as follows:
§ 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, 2023.
JUDICIARY
For the purpose of making payments for
personal service, including liabilities
incurred prior to April 1, 2023, on the
payrolls scheduled to be paid during the
period April 1 through April [17] 20, 2023
to officers and employees of the judiciary
............................................. 65,000,000
For the payment of state operations nonper-
sonal service liabilities, the sum of
fifty million dollars ($50,000,000), 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
[17] 20, 2023 ............................... 50,000,000
For the payment of aid to localities liabil-
ities, the sum of fifteen million dollars
($15,000,000), or so much thereof as shall
S. 6340 7
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 aid to localities liabilities
incurred by the judiciary from April 1
through April [17] 20, 2023 ................. 15,000,000
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 [seventy-five million dollars
($75,000,000)] TWO HUNDRED EIGHTY-ONE
MILLION DOLLARS ($281,000,000), or so much
thereof as shall be sufficient to accom-
plish 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
[10] 20, 2023 ................ [75,000,000] 281,000,000
§ 8. Section 8 of chapter 122 of the laws of 2023, relating to making
appropriations for the support of government, is amended to read as
follows:
§ 8. 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, 2023.
DEPARTMENT OF FAMILY ASSISTANCE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
AID TO LOCALITIES
EMPLOYMENT AND INCOME SUPPORT PROGRAM ...................... 235,416,000
--------------
General Fund
Local Assistance Account - 10000
S. 6340 8
For state reimbursement of the safety net
assistance program as established pursuant
to chapter 436 of the laws of 1997.
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] THE FAMILY HOMELESSNESS AND
EVICTION PREVENTION SUPPLEMENT shall be
reimbursed, PROVIDED HOWEVER FUNDS APPRO-
PRIATED HEREIN SHALL ONLY BE USED TO REIM-
BURSE RENTAL COSTS UP TO THE MAXIMUM RENT
LEVELS IN PLACE AS OF JANUARY 1, 2021,
THEN ADJUSTED CONSISTENT WITH THE ANNUAL
YEAR-OVER-YEAR PERCENTAGE CHANGES IN FAIR
MARKET RENT, PROVIDED, HOWEVER, IN THE
EVENT OF A DECREASE IN FAIR MARKET RENT
THE VALUE OF THE MAXIMUM RENT LEVELS REIM-
BURSED WITH FUNDS APPROPRIATED HEREIN
SHALL NOT DECREASE AND SHALL BE SET AT THE
MAXIMUM RENT LEVELS ESTABLISHED DURING THE
PRIOR YEAR, and further provided that such
supplements shall not be part of the stan-
dard of need pursuant to section 131-a of
the social services law. Funds appropri-
ated 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
S. 6340 9
for reimbursement under medical assistance
or other programs. Funds appropriated
herein shall reimburse 29 percent of safe-
ty net assistance expenditures, in social
services districts with a population of
five million or fewer, for emergency shel-
ter 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 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
allowances are not eligible for reimburse-
ment under medical assistance or other
programs. Funds appropriated herein shall
reimburse 29 percent of safety net assist-
ance expenditures, 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 temporary 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
allowances are not eligible for reimburse-
ment 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-
S. 6340 10
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
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 diag-
nosed 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 popu-
lation of five million or fewer who are
receiving public assistance, funds appro-
priated herein may be used to reimburse 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 assistance and
the director of the budget. Provided,
however, notwithstanding section 153 of
the social services law or any other
S. 6340 11
inconsistent provision of law, if neces-
sary funding, as determined by the direc-
tor of the budget, is secured in a social
services district from the medical assist-
ance program by reducing the capitation
rates paid to medicaid managed care organ-
izations by the amount of savings result-
ing 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 payments of addi-
tional 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 deter-
mined based on limiting such person's
earned and/or unearned income contribution
to 30 percent 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 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 appropri-
ated herein may be used to enter into
contracts with persons or entities author-
ized pursuant to subdivision [(i)] (J) of
section 17 of the social services law
consistent with federal law and require-
ments. Such contracts will be consistent
with subdivision [(i)] (J) of section 17
of the social services law. Notwithstand-
ing 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)] (J) 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
S. 6340 12
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 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.
Social services districts shall be
required to report to the office of tempo-
rary and disability assistance on an annu-
al 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 individ-
uals and families. Notwithstanding section
153 of the social services law, or any
other inconsistent provision of law, the
office of temporary and disability assist-
ance 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 develop or
submit homeless services outcome reports,
consistent with those requirements promul-
gated by the office of temporary and disa-
bility 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, 2023 and before
January 1, 2024, that are otherwise reim-
bursable by the state on or after April 1,
2023, that are claimed by March 1, 2024.
S. 6340 13
Such reimbursement shall constitute total
state reimbursement for activities funded
herein in state fiscal year 2023-24
(52203) ..................................... 52,083,000
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-
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
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] THE FAMILY
HOMELESSNESS AND EVICTION PREVENTION
S. 6340 14
SUPPLEMENT shall be reimbursed, PROVIDED
HOWEVER FUNDS APPROPRIATED HEREIN SHALL
ONLY BE USED TO REIMBURSE RENTAL COSTS UP
TO THE MAXIMUM RENT LEVELS IN PLACE AS OF
JANUARY 1, 2021, THEN ADJUSTED CONSISTENT
WITH THE ANNUAL YEAR-OVER-YEAR PERCENTAGE
CHANGES IN FAIR MARKET RENT, PROVIDED,
HOWEVER, IN THE EVENT OF A DECREASE IN
FAIR MARKET RENT THE VALUE OF THE MAXIMUM
RENT LEVELS REIMBURSED WITH FUNDS APPRO-
PRIATED HEREIN SHALL NOT DECREASE AND
SHALL BE SET AT THE MAXIMUM RENT LEVELS
ESTABLISHED DURING THE PRIOR YEAR, 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 appropriated herein
shall also reimburse for family assistance
expenditures for emergency shelter, trans-
portation, or nutrition payments 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
allowances are not eligible for reimburse-
ment 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 here-
in 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 entities authorized pursuant to
subdivision [(i)] (J) of section 17 of the
social services law consistent with feder-
al law and requirements. Such contracts
will be made consistent with subdivision
[(i)] (J) of section 17 of the social
services law. Notwithstanding 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
S. 6340 15
office for expenditures related to subdi-
vision [(i)] (J) 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 munici-
palities. Subject to the approval of the
director of the budget, such funds shall
be available to the office of temporary
and disability assistance net of disallow-
ances, refunds, reimbursements, and cred-
its including, but not limited to, addi-
tional federal funds resulting from any
changes in federal cost allocation method-
ologies. Notwithstanding any inconsistent
provision of law, the amount herein appro-
priated may be increased or decreased by
interchange with any other appropriation
within the office of temporary and disa-
bility assistance 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
chairman 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 deter-
mined 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 individ-
uals and families. Notwithstanding section
153 of the social services law, or any
other inconsistent provision of law, the
office of temporary and disability assist-
ance 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 develop or
submit homeless services outcome reports,
consistent with those requirements promul-
gated by the office of temporary and disa-
S. 6340 16
bility 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, 2023 and before
January 1, 2024, that are otherwise reim-
bursable by the state on or after April 1,
2023, that are claimed by March 1, 2024.
Such reimbursement shall constitute total
federal reimbursement for activities fund-
ed herein in state fiscal year 2023-24
(52203) .................................... 125,000,000
§ 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, 2023.
DEPARTMENT OF AGRICULTURE AND MARKETS
AID TO LOCALITIES
AGRICULTURAL BUSINESS SERVICES PROGRAM ......................... 348,000
--------------
General Fund
Local Assistance Account - 10000
Notwithstanding any law to the contrary, for
services, expenses and grants, including
but not limited to (a) the New York state
veterinary diagnostic laboratory, (b)
research and development at Cornell
university, (c) education and outreach at
Cornell university, (d) the New York farm
viability institute, (e) the promotion of
agricultural economic development, and (f)
agricultural access, education and work-
force support, pursuant to a plan prepared
by the commissioner of the department of
agriculture and markets and approved by
the director of the budget. Funds hereby
appropriated shall be available to the
program net of refunds, rebates,
reimbursements and credits. All or a
portion of this appropriation may be
suballocated to any state department,
agency, or public authority .................... 348,000
--------------
§ 10. Section 8 of chapter 121 of the laws of 2023, relating to making
appropriations for the support of government, as amended by chapter 122
of the laws of 2023, is amended to read as follows:
S. 6340 17
§ 8. 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, 2023.
DEPARTMENT OF HEALTH
AID TO LOCALITIES
CENTER FOR COMMUNITY HEALTH PROGRAM .......... [19,200,000] 35,093,000
--------------
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] 6,400,000
--------------
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] 19,693,000
--------------
[MEDICAL ASSISTANCE PROGRAM] HEALTH CARE REFORM ACT PROGRAM .. 9,000,000
--------------
[General Fund
Local Assistance Account - 10000]
SPECIAL REVENUE FUNDS - OTHER
HCRA RESOURCES FUND
HCRA PROGRAM ACCOUNT - 20807
For transfer to health research incorporated
(HRI) for the AIDS drug assistance
program, including payments to Ryan White
centers (29880) .............................. 9,000,000
§ 11. Section 10 of chapter 122 of the laws of 2023, relating to
making appropriations for the support of government, is amended to read
as follows:
§ 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, 2023.
S. 6340 18
DEPARTMENT OF LABOR
AID TO LOCALITIES
UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [400,000,000] 544,000,000
--------------
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) ......... [400,000,000] 544,000,000
§ 12. Section 10 of chapter 121 of the laws of 2023, relating to
making appropriations for the support of government, is amended to read
as follows:
§ 10. 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, 2023.
DEPARTMENT OF MENTAL HYGIENE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
AID TO LOCALITIES
COMMUNITY SERVICES PROGRAM .................. [173,054,000] 177,545,000
--------------
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-
S. 6340 19
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, 2022, April
1, 2022 or July 1, 2022, and for advances
for the 3 month period beginning January
1, 2023.
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
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
14 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
S. 6340 20
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,
feasibility studies and preoperational
expenses.
Notwithstanding any inconsistent provision
of law except pursuant to a chapter of the
laws of 2022 authorizing a 5.4 percent
cost of living adjustment, for the period
commencing on April 1, 2022 and ending
March 31, 2023 the commissioner shall not
apply any other 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.
Notwithstanding any other provision of law
to the contrary, and consistent with
section 33.07 of the mental hygiene law,
S. 6340 21
the directors of facilities licensed but
not operated by the office for people with
developmental disabilities who act as
federally-appointed representative payees
and who assume management responsibility
over the funds of a resident may continue
to use such funds for the cost of the
resident's care and treatment, consistent
with federal law and regulations.
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 voluntary
operated community residences and volun-
tary-operated community residential alter-
natives, including individualized residen-
tial 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. Notwith-
standing 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. Notwithstanding
sections 112 and 163 of the state finance
law and section 142 of the economic devel-
S. 6340 22
opment law, or any other inconsistent
provision of law, funds appropriated to
the department of health in accordance
with a schedule based upon approved Medi-
caid claims for eligible home and communi-
ty-based services, or other approved
services as defined in section nine thou-
sand eight hundred and seventeen of the
American rescue plan act of 2021, from
April 1, 2021 through March 31, 2023 and
made available by the department of health
via sub-allocation or transfer of up to
$740,000,000 may be allocated and distrib-
uted by the commissioner of the office for
people with developmental disabilities,
subject to approval of the director of the
budget, without a competitive bid or
request for proposal process for the
services and expenses of qualified appli-
cants. All awards will be granted utiliz-
ing criteria established by the commis-
sioner of the office for people with
developmental disabilities to strengthen
and enhance home and community-based
services consistent with the American
rescue plan act of 2021.
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) ......... 152,106,000
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-
S. 6340 23
ties and voluntary non-profit agencies for
expenditures made during local fiscal
periods commencing January 1, 2022, April
1, 2022 or July 1, 2022, and for advances
for the 3 month period beginning January
1, 2023.
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
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 5
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
S. 6340 24
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,
feasibility studies and preoperational
expenses.
Notwithstanding any inconsistent provision
of law except pursuant to a chapter of the
laws of 2021 authorizing a 5.4 percent
cost of living adjustment, for the period
commencing on April 1, 2022 and ending
March 31, 2023 the commissioner shall not
apply any other 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 the
office for people with developmental disa-
bilities 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.
Notwithstanding any other provision of law
to the contrary, and consistent with
section 33.07 of the mental hygiene law,
the directors of facilities licensed but
not operated by the office for people with
developmental disabilities who act as
federally-appointed representative payees
and who assume management responsibility
over the funds of a resident may continue
to use such funds for the cost of the
resident's care and treatment, consistent
with federal law and regulations.
S. 6340 25
For services and expenses related to provid-
ing health care and mental hygiene worker
bonuses.
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
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.
S. 6340 26
For services and expenses related to the
provision of residential services to
people with developmental disabilities
(37802) ...................... [11,880,000] 14,427,000
For services and expenses related to the
provision of day program services to
people with developmental disabilities
(37803) ....................... [2,674,000] 3,247,000
For services and expenses related to the
provision of family support services to
people with developmental disabilities
(37804) ....................... [3,732,000] 4,533,000
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] 2,616,000
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) ..... [508,000] 616,000
--------------
§ 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, 2023.
DEPARTMENT OF STATE
AID TO LOCALITIES
LOCAL GOVERNMENT AND COMMUNITY SERVICES PROGRAM ................ 541,000
--------------
Special Revenue Funds - Federal
Federal Health and Human Services Fund
Federal Health and Human Services Account - 25127
For allocations from the community services
block grant to community action agencies
and other eligible entities, including
suballocation to other state departments
and agencies provided however, each recip-
ient of funds from this appropriation
S. 6340 27
shall not be required to secure a local
share equivalent (51019) ....................... 541,000
--------------
§ 14. 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.
§ 15. 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, 2023, be transferred by the comptroller as
expenditures and disbursements to such appropriations for all state
departments and agencies, as applicable, in amounts equal to the amounts
charged against the appropriations in this act for each such department,
agency, and the legislature and the judiciary.
§ 16. 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.
§ 17. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided,
however, that upon the transfer of expenditures and disbursements by the
comptroller as provided in section fifteen of this act, the appropri-
ations made by this act and subject to such section shall be deemed
repealed.
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