ALL STATE DEPARTMENTS AND AGENCIES
 
 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 [20] 24, 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 .................... [714,000,000]  716,700,000
                               --------------
 
   §  3. Section 3 of chapter 121 of the laws of 2023, relating to making
 appropriations for the support of government, as amended by chapter  124
 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 [20] 24, 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 ............................ 48,600,000
 S. 6440                             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  124
 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  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 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 [20] 24, 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 ..................................... 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 124
 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   thirty   million    dollars
   ($30,000,000), or so much thereof as shall
 S. 6440                             4
 
   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  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 [20]  24,  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 ...................................... 30,000,000
                                             --------------
 
   § 6. Section 7 of chapter 121 of the laws of 2023, relating to  making
 appropriations  for the support of government, as amended by chapter 124
 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 [20] 24, 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
 S. 6440                             5
 
   the judiciary from April 1  through  April
   [20] 24, 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
   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 [20] 24, 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  two  hundred  eighty-one  million
   dollars ($281,000,000), 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 other-
   wise  appropriated.  The  comptroller   is
   hereby  authorized and directed to utilize
   this  appropriation  for  the  purpose  of
   making  payments for employee fringe bene-
   fit liabilities incurred by the  judiciary
   from April 1 through April [20] 24, 2023 ... 281,000,000
 
   §  7. Section 9 of chapter 124 of the laws of 2023, relating to making
 appropriations for the support of government,  is  amended  to  read  as
 follows:
   §  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]      812,000
                                             --------------
 S. 6440                             6
 
   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]      812,000
                               --------------
 
   §  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.
 
                           EDUCATION DEPARTMENT
                             AID TO LOCALITIES
 
 OFFICE  OF  PREKINDERGARTEN THROUGH GRADE TWELVE EDUCATION
   PROGRAM ................................................ 1,390,000,000
                                                           --------------
 
   General Fund
   Local Assistance Account - 10000
 
 For remaining 2022-23 and prior school  year
   obligations, including aid for such school
   years  payable  pursuant to section 3609-d
   of  the  education  law,   provided   that
   notwithstanding  any  provision  of law to
   the contrary, subject to the  approval  of
   the  director  of the budget, funds appro-
   priated herein may  be  interchanged  with
   any other item of appropriation for gener-
   al  support  for public schools within the
   general  fund  local  assistance   account
   office  of  prekindergarten  through grade
   twelve education program.
 S. 6440                             7
 
 Notwithstanding any other law, rule or regu-
   lation to the contrary, funds appropriated
   herein shall be available for  payment  of
   financial  assistance net of any disallow-
   ances, refunds, reimbursement and credits,
   and  may  be suballocated to other depart-
   ments  and  agencies  to  accomplish   the
   intent  of  this  appropriation subject to
   the approval of the director of the  budg-
   et.   Notwithstanding any provision of law
   to the contrary, funds appropriated herein
   shall be available for payment of  liabil-
   ities  heretofore  accrued or hereafter to
   accrue ................................... 1,390,000,000
                                             --------------
   § 9. Section 8 of chapter 121 of the laws of 2023, relating to  making
 appropriations  for the support of government, as amended by chapter 124
 of the laws of 2023, is amended to read as follows:
   § 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 .......... [35,093,000]   31,017,000
                                             --------------
 
   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) .................. 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)
   .............................. [19,693,000]   24,617,000
                               --------------
 
 HEALTH CARE REFORM ACT PROGRAM ............................... 9,000,000
                                                           --------------
 S. 6440                             8
 
   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
 
   §  10.  Section  10  of  chapter  122 of the laws of 2023, relating to
 making appropriations for the support of government, as amended by chap-
 ter 124 of the laws of 2023, 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.
 
                            DEPARTMENT OF LABOR
 
                             AID TO LOCALITIES
 
 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [544,000,000]  592,000,000
                                             --------------
 
   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) ......... [544,000,000]  592,000,000
 
   §  11.  Section  10  of  chapter  121 of the laws of 2023, relating to
 making appropriations for the support of government, as amended by chap-
 ter 124 of the laws of 2023, 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.
 S. 6440                             9
 
                       DEPARTMENT OF MENTAL HYGIENE
 
             OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 
                             AID TO LOCALITIES
 
 COMMUNITY SERVICES PROGRAM .................. [177,545,000]  183,533,000
                                             --------------
 
   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, 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
 S. 6440                            10
 
   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
   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
 S. 6440                            11
 
   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,
   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
 S. 6440                            12
 
   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-
   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
 S. 6440                            13
 
 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, 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
 S. 6440                            14
   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
   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
 S. 6440                            15
 
   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.
 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
 S. 6440                            16
 
   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) ...................... [14,427,000]   17,823,000
 For  services  and  expenses  related to the
   provision  of  day  program  services   to
   people   with  developmental  disabilities
   (37803) ....................... [3,247,000]    4,011,000
 For services and  expenses  related  to  the
   provision  of  family  support services to
   people  with  developmental   disabilities
   (37804) ....................... [4,533,000]    5,601,000
 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) ....................... [2,616,000]    3,232,000
 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) ..... [616,000]      760,000
                               --------------
 S. 6440                            17
 
   §  12.  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 TRANSPORTATION
 
                             AID TO LOCALITIES
 
 METROPOLITAN TRANSPORTATION AUTHORITY SUPPORT PROGRAM ....... 12,752,000
                                                           --------------
 
   Special Revenue Funds - Other
   Metropolitan  Transportation Authority Financial Assist-
     ance Fund
   New York Central Business District Trust Fund - 23653
 
 To the metropolitan transportation authority
   pursuant to section  99-ff  of  the  state
   finance  law  for  deposit  in the central
   business district tolling capital  lockbox
   established  pursuant  to section 553-j of
   the public authorities law (54298) .......... 12,752,000
                                             --------------
 
   § 13. 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.
 
   § 14. 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.
 
   §  15. 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.
 
   §  16.  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,
 S. 6440                            18
 
 however, that upon the transfer of expenditures and disbursements by the
 comptroller as provided in section fourteen of this act,  the  appropri-
 ations  made  by  this  act  and subject to such section shall be deemed
 repealed.