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Assembly Actions -
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| Apr 20, 2023 |
signed chap.125 delivered to governor returned to senate passed assembly message of necessity - 3 day message message of necessity - appropriation ordered to third reading rules cal.120 substituted for a6585 referred to ways and means delivered to assembly passed senate message of necessity - 3 day message message of necessity - appropriation ordered to third reading cal.625 referred to rules |
Senate Bill S6440
Signed By Governor2023-2024 Legislative Session
Provides for emergency appropriation for the period April 1, 2023 through April 24, 2023
download bill text pdfSponsored By
(D, WF) 28th Senate District
Current Bill Status - 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 20, 2023
aye (58)- Addabbo Jr.
- Ashby
- Bailey
- Borrello
- Breslin
- Brisport
- Brouk
- Canzoneri-Fitzpatrick
- Chu
- Cleare
- Comrie
- Felder
- 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
- Ramos
- Rhoads
- Rivera
- Rolison
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Walczyk
- Webb
- Weber
- Weik
The following Member(s) participated via videoconferencing: Tedisco
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Apr 20, 2023 - Rules Committee Vote
S644014Aye0Nay4Aye with Reservations0Absent3Excused0Abstained -
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2023-S6440 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6585
- Law Section:
- Appropriations
- Laws Affected:
- Amd §§2 - 5, 7, 8 & 10, Chap 121 of 2023; amd §9, Chap 124 of 2023; amd §10, Chap 122 of 2023
2023-S6440 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6440
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; to amend chapter 122 of
the laws of 2023, relating to making appropriations for the support of
government, in relation thereto; and to amend chapter 124 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 24, 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 $2.7 million in additional appropriation authority for personal service payments scheduled for the active National Guard members on the Division of Military and Naval Affairs emergency payroll to be paid between April 1 through April 24, 2023. Section 3 continues $ 48.6 million in 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 24, 2023 would be made subject to additional future appro- priations. Section 4 continues $170 million in appropriation authority for existing capital projects contract costs approved prior to April 1, 2023 for all agencies. Section 5 continues $30 million in appropriation authority for existing capital projects contract costs approved after April 1, 2023 for all agencies. Section 6: * 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. * Continues $281 million in appropriation authority for various employee fringe benefit programs within the Judiciary. Section 7 provides $464,000 in additional appropriation authority for the Department of Agriculture and Markets local spending. Section 8 provides $1.39 billion in appropriation authority for general support for public schools for remaining 2022-23 and prior school year obligations. Section 9: * Continues $6.4 million in 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 $4.9 million in additional 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 10 provides $48 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 11 provides $6 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 12 provides $12.8 million in appropriation authority for the payment of mass transit assistance. Section 13 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 14 requires the Comptroller to transfer any expenditures made against these appropriations to the 2023-24 Budget appropriations after they have become law. Section 15, 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 16 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 14 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 24, 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-S6440 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6440
2023-2024 Regular Sessions
I N S E N A T E
April 20, 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; to amend chapter 122
of the laws of 2023, relating to making appropriations for the support
of government, in relation thereto; and to amend chapter 124 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 124
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12009-01-3
S. 6440 2
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.
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