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A09771 Summary:

BILL NOA09771
 
SAME ASSAME AS S08986
 
SPONSORWeinstein
 
COSPNSR
 
MLTSPNSR
 
Amd 2, 3, 5 & 6, Chap 111 of 2024; amd 7, Chap 113 of 2024
 
Provides for emergency appropriation through April 11, 2024 for the support of government.
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A09771 Actions:

BILL NOA09771
 
04/07/2024referred to ways and means
04/07/2024reported referred to rules
04/07/2024reported
04/07/2024rules report cal.27
04/07/2024ordered to third reading rules cal.27
04/07/2024message of necessity - appropriation
04/07/2024message of necessity - 3 day message
04/07/2024passed assembly
04/07/2024delivered to senate
04/08/2024REFERRED TO RULES
04/08/2024SUBSTITUTED FOR S8986
04/08/20243RD READING CAL.771
04/08/2024MESSAGE OF NECESSITY - APPROPRIATION
04/08/2024MESSAGE OF NECESSITY - 3 DAY MESSAGE
04/08/2024PASSED SENATE
04/08/2024RETURNED TO ASSEMBLY
04/08/2024delivered to governor
04/08/2024signed chap.114
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A09771 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9771
 
SPONSOR: Weinstein
  TITLE OF BILL: An act making appropriations for the support of government and to amend chapter 111 of the laws of 2024 relating to making appropriations for the support of government, in relation thereto; and to amend chapter 113 of the laws of 2024 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 11, 2024, to be made absent enactment of the Budget appropriation bills submitted by the Governor for the State fiscal year beginning April 1, 2024.   SUMMARY OF PROVISIONS: Section 1 authorizes the Comptroller to utilize the appropriations contained in this bill, which relate to the 2024-25 State fiscal year, absent enactment of the 2024-25 Budget. Section 2 provides $254.5 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, 2024 and April 11, 2024. 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 $2 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 11, 2024 would be made subject to additional future appro- priations. Section 4: * Provides $80 million in appropriation authority for personal service payments scheduled to be made to officers and employees of the Judiciary through April 11, 2024. * Provides $17 million in appropriation authority for nonpersonal service liabilities incurred by the Judiciary. * Provides $12.5 million in appropriation authority for aid to locali- ties liabilities incurred by the Judiciary. * Provides $67 million in appropriation authority for various employee fringe benefit programs within the Judiciary. Section 5: * Continues $6.4 million for services and expenses related to the Indian health program. * Provides $3.2 million in additional authority for various federal food and nutritional services. Section 6 provides $105,000 in appropriation authority for the Justice Center for the Protection of People with Special Needs to support the Surrogate Decision-Making Committee. Section 7 provides $165 million in additional appropriation authority for the continuation of unemployment insurance benefits. New appropri- ation is necessary due to daily new liabilities created by those filing unemployment insurance benefit claims. Section 8 provides $49.5 million in appropriation authority to the Office for People with Developmental Disabilities to support not-for- profit providers of essential programs and services. Section 9 provides $51 million in appropriation authority for the payment of mass transit operating assistance. Section 10 provides $42,000 in additional appropriation authority for payments to veterans experiencing homelessness. Section 11 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 12 requires the Comptroller to transfer any expenditures made against these appropriations to the 2024-25 Budget appropriations after they have become law. Section 13, 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 14 provides that the bill takes effect immediately and is deemed to be in full force and effect on April 1, 2024, 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 12 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 11, 2024 on a timely basis, in the absence of an enacted budget for State fiscal year 2024-25.   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, 2024, 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 2024-25 Financial Plan.
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A09771 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9771
 
                   IN ASSEMBLY
 
                                      April 7, 2024
                                       ___________
 
        Introduced by M. of A. WEINSTEIN -- (at request of the Governor) -- read
          once and referred to the Committee on Ways and Means
 
        AN  ACT making appropriations for the support of government and to amend
          chapter 111 of the laws of 2024 relating to making appropriations  for
          the  support  of government, in relation thereto; and to amend chapter
          113 of the laws of 2024 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:
 
     1    Section  1.  Legislative  intent.  The  legislature  hereby  finds and
     2  declares that the enactment of these appropriations provides  sufficient
     3  authority  to the comptroller for the purpose of making payments for the
     4  purposes described herein until such time as appropriation bills submit-
     5  ted by the governor pursuant to article VII of  the  state  constitution
     6  for  the support of government for the state fiscal year beginning April
     7  1, 2024 are enacted.
     8    § 2. Section 2 of chapter 111 of the laws of 2024, relating to  making
     9  appropriations  for the support of government, as amended by chapter 113
    10  of the laws of 2024, is amended to read as follows:
    11    § 2. The amounts specified in this section,  or  so  much  thereof  as
    12  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    13  appropriated and authorized to be paid as hereinafter provided,  to  the
    14  public  officers  and  for  the purpose specified, which amount shall be
    15  available for the state fiscal year beginning April 1, 2024.
 
    16                     ALL STATE DEPARTMENTS AND AGENCIES
 
    17  For  the  purpose  of  making  payments  for
    18    personal  service,  including  liabilities
    19    incurred prior to April 1,  2024,  on  the
    20    payrolls  scheduled  to be paid during the
    21    period April 1 through April [8] 11,  2024
    22    to  state  officers  and  employees of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12032-01-4

        A. 9771                             2
 
     1    executive branch, including the  governor,
     2    lieutenant   governor,   comptroller,  and
     3    attorney general, and to employees of  the
     4    legislature.   This   appropriation   also
     5    includes funding  for  payment  of  health
     6    care  and mental hygiene bonuses to eligi-
     7    ble  state  employees,  and  payments  for
     8    services  performed  by  mentally  ill  or
     9    developmentally disabled persons  who  are
    10    employed in state-operated special employ-
    11    ment,  work-for-pay  or sheltered workshop
    12    programs .................... [220,500,000]  475,000,000
    13                                --------------
 
    14    § 3. Section 3 of chapter 111 of the laws of 2024, relating to  making
    15  appropriations  for the support of government, as amended by chapter 113
    16  of the laws of 2024, is amended to read as follows:
    17    § 3. The amount specified in this section, or so much thereof as shall
    18  be sufficient to accomplish the purpose designated, is hereby  appropri-
    19  ated  and  authorized  to be paid as hereinafter provided, to the public
    20  officers and for the purpose specified, which amount shall be  available
    21  for the state fiscal year beginning April 1, 2024.
 
    22                     ALL STATE DEPARTMENTS AND AGENCIES
 
    23  For  the  payment  of  state  operations non
    24    personal service liabilities to the execu-
    25    tive branch,  including  the  comptroller,
    26    and the attorney general, and legislature,
    27    incurred  in  the ordinary course of busi-
    28    ness, during the period  April  1  through
    29    April  [8]  11, 2024, pursuant to existing
    30    state law and for purposes for  which  the
    31    legislature  authorized the expenditure of
    32    moneys during the 2023-2024  state  fiscal
    33    year;   provided,  however,  that  nothing
    34    contained herein shall be deemed to  limit
    35    or  restrict  the  power  or  authority of
    36    state departments or agencies  to  conduct
    37    their  activities or operations in accord-
    38    ance  with  existing  law,   and   further
    39    provided  that  nothing  contained  herein
    40    shall be deemed to supersede,  nullify  or
    41    modify the provisions of section 40 of the
    42    state  finance law prescribing when appro-
    43    priations made  for  the  2023-2024  state
    44    fiscal  year  shall  have  ceased  to have
    45    force and effect .........................
    46    .............................. [20,000,000]   22,000,000
    47                                --------------
 
    48    § 4. The amounts specified in this section,  or  so  much  thereof  as
    49  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    50  appropriated and authorized to be paid as hereinafter provided,  to  the
    51  public  officers  and  for the purposes specified, which amount shall be
    52  available for the state fiscal year beginning April 1, 2024.

        A. 9771                             3
 
     1                                  JUDICIARY
 
     2  For  the  purpose  of  making  payments  for
     3    personal  service,  including  liabilities
     4    incurred prior to April 1,  2024,  on  the
     5    payrolls  scheduled  to be paid during the
     6    period April 1 through April 11,  2024  to
     7    officers and employees of the judiciary ..... 80,000,000
     8  For  the payment of state operations nonper-
     9    sonal  service  liabilities,  the  sum  of
    10    seventeen  million  dollars ($17,000,000),
    11    or so much thereof as shall be  sufficient
    12    to  accomplish  the purpose designated, is
    13    hereby appropriated to the  judiciary  out
    14    of any moneys in the general fund or other
    15    funds  to the credit of the state purposes
    16    account not  otherwise  appropriated.  The
    17    comptroller   is   hereby  authorized  and
    18    directed to utilize this appropriation for
    19    the purpose of making  payments  for  non-
    20    personal  service  liabilities incurred by
    21    the judiciary from April 1  through  April
    22    11, 2024 .................................... 17,000,000
    23  For the payment of aid to localities liabil-
    24    ities,  the  sum  of  twelve  million five
    25    hundred thousand dollars ($12,500,000), or
    26    so much thereof as shall be sufficient  to
    27    accomplish   the  purpose  designated,  is
    28    hereby appropriated to the  judiciary  out
    29    of any moneys in the general fund or other
    30    funds  to the credit of the state purposes
    31    account not  otherwise  appropriated.  The
    32    comptroller   is   hereby  authorized  and
    33    directed to utilize this appropriation for
    34    the purpose of making payments for aid  to
    35    localities  liabilities  incurred  by  the
    36    judiciary from April 1 through  April  11,
    37    2024 ........................................ 12,500,000
    38  For  the  payment of employee fringe benefit
    39    programs including, but  not  limited  to,
    40    the   judiciary's   contributions  to  the
    41    health  insurance  fund,  the   employees'
    42    retirement   system  pension  accumulation
    43    fund,  the  social  security  contribution
    44    fund,  employee benefit fund programs, the
    45    dental insurance  plan,  the  vision  care
    46    plan, the unemployment insurance fund, and
    47    for  workers'  compensation  benefits, the
    48    sum   of   sixty-seven   million   dollars
    49    ($67,000,000), or so much thereof as shall
    50    be  sufficient  to  accomplish the purpose
    51    designated, is hereby appropriated to  the
    52    judiciary out of any moneys in the general
    53    fund  or  other funds to the credit of the
    54    state  purposes  account   not   otherwise
    55    appropriated.  The  comptroller  is hereby

        A. 9771                             4
 
     1    authorized and directed  to  utilize  this
     2    appropriation  for  the  purpose of making
     3    payments  for  employee   fringe   benefit
     4    liabilities incurred by the judiciary from
     5    April 1 through April 11, 2024 .............. 67,000,000
     6                                              --------------
 
     7    §  5. Section 5 of chapter 111 of the laws of 2024, relating to making
     8  appropriations for the support of government, as amended by chapter  113
     9  of the laws of 2024, is amended to read as follows:
    10    §  5.  The  amounts  specified  in this section, or so much thereof as
    11  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    12  appropriated  and  authorized to be paid as hereinafter provided, to the
    13  public officers and for the purposes specified, which  amount  shall  be
    14  available for the state fiscal year beginning April 1, 2024.
 
    15                            DEPARTMENT OF HEALTH
 
    16                              AID TO LOCALITIES

    17  CENTER FOR COMMUNITY HEALTH PROGRAM .......... [14,960,000]   18,170,000
    18                                              --------------
 
    19    General Fund
    20    Local Assistance Account - 10000
 
    21  For  services  and  expenses  related to the
    22    Indian health program.  The moneys  hereby
    23    appropriated   shall  be  for  payment  of
    24    financial assistance heretofore accrued or
    25    hereafter to accrue (26840) .................. 6,400,000
    26                                              --------------
 
    27    Special Revenue Funds - Federal
    28    Federal USDA-Food and Nutrition Services Fund
    29    Federal Food and Nutrition Services Account - 25022
 
    30  For various  federal  food  and  nutritional
    31    services.  The  moneys hereby appropriated
    32    shall be available for payment  of  finan-
    33    cial assistance heretofore accrued (26986)
    34    ............................... [8,560,000]   11,770,000
    35                                --------------
 
    36    §  6.  The  amounts  specified  in this section, or so much thereof as
    37  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    38  appropriated  and  authorized to be paid as hereinafter provided, to the
    39  public officers and for the purposes specified, which  amount  shall  be
    40  available for the state fiscal year beginning April 1, 2024.
 
    41                      JUSTICE CENTER FOR THE PROTECTION
    42                        OF PEOPLE WITH SPECIAL NEEDS

        A. 9771                             5
 
     1                              AID TO LOCALITIES
 
     2  COMMUNITY SUPPORT PROGRAMS ..................................... 105,000
     3                                                            --------------
 
     4    General Fund
     5    Local Assistance Account - 10000
 
     6  Notwithstanding  any other provision of law,
     7    the  money  hereby  appropriated  may   be
     8    increased  or  decreased  by  interchange,
     9    with  any  appropriation  of  the  justice
    10    center  for  the protection of people with
    11    special needs, and  may  be  increased  or
    12    decreased  by  transfer  or  suballocation
    13    between  these  appropriated  amounts  and
    14    appropriations  of  the  office  of mental
    15    health, office for  people  with  develop-
    16    mental  disabilities,  office of addiction
    17    services  and  supports,   department   of
    18    health,  and  the  office  of children and
    19    family services with the approval  of  the
    20    director of the budget who shall file such
    21    approval  with the department of audit and
    22    control and copies thereof with the chair-
    23    man of the senate  finance  committee  and
    24    the  chairman  of  the  assembly  ways and
    25    means committee.
    26  For  surrogate   decision-making   committee
    27    program   contracts   with  local  service
    28    providers (48926) .............................. 105,000
    29                                              --------------
 
    30    § 7. Section 6 of chapter 111 of the laws of 2024, relating to  making
    31  appropriations  for the support of government, as amended by chapter 113
    32  of the laws of 2024, is amended to read as follows:
    33    § 6. The amounts specified in this section,  or  so  much  thereof  as
    34  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    35  appropriated and authorized to be paid as hereinafter provided,  to  the
    36  public  officers  and  for the purposes specified, which amount shall be
    37  available for the state fiscal year beginning April 1, 2024.

    38                             DEPARTMENT OF LABOR
 
    39                              AID TO LOCALITIES
 
    40  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [210,000,000]  375,000,000
    41                                              --------------
 
    42    Enterprise Funds
    43    Unemployment Insurance Benefit Fund
    44    Unemployment Insurance Benefit Account - 50650
 
    45  For payment of unemployment insurance  bene-
    46    fits  pursuant  to article 18 of the labor
    47    law  or  as  authorized  by  the   federal

        A. 9771                             6
 
     1    government  through the disaster unemploy-
     2    ment  assistance  program,  the  emergency
     3    unemployment   compensation  program,  the
     4    extended   benefit  program,  the  federal
     5    additional  compensation  program  or  any
     6    other  federally funded unemployment bene-
     7    fit program (34787) ......... [210,000,000]  375,000,000
     8                                --------------
 
     9    § 8. The amounts specified in this section,  or  so  much  thereof  as
    10  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    11  appropriated and authorized to be paid as hereinafter provided,  to  the
    12  public  officers  and  for the purposes specified, which amount shall be
    13  available for the state fiscal year beginning April 1, 2024.
 
    14                        DEPARTMENT OF MENTAL HYGIENE
 
    15              OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 
    16                              AID TO LOCALITIES
 
    17  COMMUNITY SERVICES PROGRAM .................................. 49,450,000
    18                                                            --------------
 
    19    General Fund
    20    Local Assistance Account - 10000

    21  For services and expenses of  the  community
    22    services  program,  net  of disallowances,
    23    for community  programs  for  people  with
    24    developmental   disabilities  pursuant  to
    25    article 41  of  the  mental  hygiene  law,
    26    and/or  chapter  620  of the laws of 1974,
    27    chapter 660 of the laws of  1977,  chapter
    28    412 of the laws of 1981, chapter 27 of the
    29    laws  of  1987, chapter 729 of the laws of
    30    1989, chapter 329 of the laws of 1993  and
    31    other  provisions  of  the  mental hygiene
    32    law.  Notwithstanding   any   inconsistent
    33    provision  of law, the following appropri-
    34    ation shall be net of prior and/or current
    35    year refunds, rebates, reimbursements, and
    36    credits.
    37  Notwithstanding any other provision of  law,
    38    advances  and  reimbursement made pursuant
    39    to subdivision (d) of  section  41.15  and
    40    section  41.18  of  the mental hygiene law
    41    shall be allocated pursuant to a plan  and
    42    in  a manner prescribed by the agency head
    43    and approved by the director of the  budg-
    44    et.  The  moneys  hereby  appropriated are
    45    available to reimburse or advance  locali-
    46    ties and voluntary non-profit agencies for
    47    expenditures   made  during  local  fiscal
    48    periods commencing January 1, 2024,  April
    49    1,  2024 or July 1, 2024, and for advances

        A. 9771                             7
 
     1    for the 3 month period  beginning  January
     2    1, 2025.
     3  Notwithstanding the provisions of article 41
     4    of  the  mental  hygiene  law or any other
     5    inconsistent provision  of  law,  rule  or
     6    regulation,  the commissioner, pursuant to
     7    such contract and in the  manner  provided
     8    therein,  may  pay all or a portion of the
     9    expenses incurred by such voluntary  agen-
    10    cies arising out of loans which are funded
    11    from  the  proceeds  of  bonds  and  notes
    12    issued by the dormitory authority  of  the
    13    state of New York.
    14  Notwithstanding  any other provision of law,
    15    the  money  hereby  appropriated  may   be
    16    transferred to state operations and/or any
    17    appropriation  of  the  office  for people
    18    with developmental disabilities  with  the
    19    approval of the director of the budget.
    20  Notwithstanding  any  inconsistent provision
    21    of law, moneys from this appropriation may
    22    be used for state aid of up to 100 percent
    23    of the net deficit costs of  day  training
    24    programs and family support services.
    25  Notwithstanding  the  provisions  of section
    26    16.23 of the mental hygiene  law  and  any
    27    other  inconsistent provision of law, with
    28    relation to  the  operation  of  certified
    29    family  care  homes, including family care
    30    homes sponsored by voluntary  not-for-pro-
    31    fit  agencies,  moneys from this appropri-
    32    ation may be used for payments to purchase
    33    general services including but not limited
    34    to respite providers, up to a  maximum  of
    35    14 days, at rates to be established by the
    36    commissioner  and approved by the director
    37    of the budget in consideration of  factors
    38    including,  but not limited to, geographic
    39    area and number of clients  cared  for  in
    40    the  home  and  for  payment  in an amount
    41    determined by  the  commissioner  for  the
    42    personal  needs of each client residing in
    43    the family care home.
    44  Notwithstanding the provisions  of  subdivi-
    45    sion  12 of section 8 of the state finance
    46    law and any other  inconsistent  provision
    47    of law, moneys from this appropriation may
    48    be  used for expenses of family care homes
    49    including payments to operators of  certi-
    50    fied  family care homes for damages caused
    51    by clients to personal and  real  property
    52    in  accordance  with standards established
    53    by the commissioner and  approved  by  the
    54    director of the budget.
    55  Notwithstanding  any  inconsistent provision
    56    of law, moneys from this appropriation may

        A. 9771                             8
 
     1    be  used  for  appropriate   day   program
     2    services  and residential services includ-
     3    ing, but not limited  to,  direct  housing
     4    subsidies    to    individuals,   start-up
     5    expenses for family care providers,  envi-
     6    ronmental modifications, adaptive technol-
     7    ogies,   appraisals,   property   options,
     8    feasibility  studies  and   preoperational
     9    expenses.
    10  Notwithstanding  any  inconsistent provision
    11    of law except pursuant to  chapter  57  of
    12    the laws of 2023 authorizing a 4.0 percent
    13    cost  of living adjustment, for the period
    14    commencing on April  1,  2023  and  ending
    15    March  31, 2024 the commissioner shall not
    16    apply any other cost of living  adjustment
    17    for  the  purpose of establishing rates of
    18    payments, contracts or any other  form  of
    19    reimbursement.
    20  Notwithstanding  section  6908 of the educa-
    21    tion law and any other provision  of  law,
    22    rule or regulation to the contrary, direct
    23    support  staff  in  programs  certified or
    24    approved by the  office  for  people  with
    25    developmental  disabilities, including the
    26    home and community based  services  waiver
    27    programs  that  the office for people with
    28    developmental disabilities  is  authorized
    29    to administer with federal approval pursu-
    30    ant  to subdivision (c) of section 1915 of
    31    the  federal  social  security  act,   are
    32    authorized  to provide such tasks as OPWDD
    33    may  specify  when  performed  under   the
    34    supervision,    training    and   periodic
    35    inspection of  a  registered  professional
    36    nurse and in accordance with an authorized
    37    practitioner's ordered care.
    38  Notwithstanding  any  other provision of law
    39    to  the  contrary,  and  consistent   with
    40    section  33.07  of the mental hygiene law,
    41    the directors of facilities  licensed  but
    42    not operated by the office for people with
    43    developmental   disabilities  who  act  as
    44    federally-appointed representative  payees
    45    and  who  assume management responsibility
    46    over the funds of a resident may  continue
    47    to  use  such  funds  for  the cost of the
    48    resident's care and treatment,  consistent
    49    with federal law and regulations.
    50  Funds appropriated herein shall be available
    51    in accordance with the following:
    52  Notwithstanding  any  other provision of law
    53    to the contrary, funds appropriated herein
    54    are available to reimburse in- and out-of-
    55    state private residential schools,  pursu-
    56    ant  to subdivision (c) of section 13.37-a

        A. 9771                             9
 
     1    and subdivision (g) of  section  13.38  of
     2    the  mental  hygiene  law,  for  costs  of
     3    supporting the residential and day program
     4    services  available to individuals who are
     5    over the age of 21 years of age,  provided
     6    that   the  amount  paid  for  residential
     7    services and/or maintenance costs  is  net
     8    of  any supplemental security income bene-
     9    fit  to  which  the  individual  receiving
    10    services is eligible, and provided further
    11    that  funding  for nonresidential services
    12    will be in an amount  not  to  exceed  the
    13    maximum  reimbursement for appropriate day
    14    services  delivered  by  the  office   for
    15    people   with  developmental  disabilities
    16    certified or approved providers other than
    17    in- and out-of-state  private  residential
    18    schools,  unless  otherwise  authorized by
    19    the director of the budget.
    20  Notwithstanding section  163  of  the  state
    21    finance  law,  section 142 of the economic
    22    development law, and  article  41  of  the
    23    mental  hygiene  law,  the commissioner of
    24    the office for people  with  developmental
    25    disabilities  may make the funds appropri-
    26    ated herein available as state aid, a loan
    27    or a grant, pursuant to terms  and  condi-
    28    tions  established  by the commissioner of
    29    the office for people  with  developmental
    30    disabilities,  to  cover  a portion of the
    31    development  costs  of   private,   public
    32    and/or non-profit organizations, including
    33    corporations  and partnerships established
    34    pursuant to the  private  housing  finance
    35    law and/or any other statutory provisions,
    36    for  supportive  housing  units  that have
    37    been set aside for individuals with intel-
    38    lectual  and  developmental  disabilities.
    39    Further, the office for people with devel-
    40    opmental disabilities shall have a lien on
    41    the  real  property  developed  with  such
    42    state aid, loans or grants, which shall be
    43    in the amount of the loan or grant, for  a
    44    maximum  term of 30 years, or other longer
    45    term consistent with the  requirements  of
    46    another regulatory agency.
    47  For  services  and  expenses  related to the
    48    provision  of  residential   services   to
    49    people   with  developmental  disabilities
    50    (37802) ..................................... 28,968,000
    51  For services and  expenses  related  to  the
    52    provision   of  day  program  services  to
    53    people  with  developmental   disabilities
    54    (37803) ...................................... 6,627,000
    55  For  services  and  expenses  related to the
    56    provision of family  support  services  to

        A. 9771                            10
 
     1    people   with  developmental  disabilities
     2    (37804) ...................................... 8,087,000
     3  For  services  and  expenses  related to the
     4    provision of workshop,  day  training  and
     5    employment  services to people with devel-
     6    opmental disabilities. Notwithstanding any
     7    other provision of law, up to $800,000  of
     8    this  appropriation  may be transferred to
     9    the New York State Education  Departments'
    10    Adult   Career  and  Continuing  Education
    11    Services   -   Vocational   Rehabilitation
    12    (ACCES-VR)  program  to  support the Long-
    13    Term Sheltered Employment program operated
    14    by FEDCAP  Rehabilitation  Services,  Inc.
    15    (37805) ...................................... 4,667,000
    16  For  other services and expenses provided to
    17    people  with  developmental   disabilities
    18    including  but not limited to hepatitis B,
    19    care at home  waiver,  epilepsy  services,
    20    Special Olympics New York, Inc. and volun-
    21    tary fingerprinting (37806) .................. 1,101,000
    22                                              --------------
 
    23    §  9.  The  amounts  specified  in this section, or so much thereof as
    24  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    25  appropriated  and  authorized to be paid as hereinafter provided, to the
    26  public officers and for the purposes specified, which  amount  shall  be
    27  available for the state fiscal year beginning April 1, 2024.
 
    28                        DEPARTMENT OF TRANSPORTATION
 
    29                              AID TO LOCALITIES
 
    30  DEDICATED MASS TRANSPORTATION TRUST FUND PROGRAM ............ 51,000,000
    31                                                            --------------
 
    32    Special Revenue Funds - Other
    33    Dedicated Mass Transportation Trust Fund
    34    Railroad Account - 20852
 
    35  To the metropolitan transportation authority
    36    for  deposit in the metropolitan transpor-
    37    tation authority dedicated  tax  fund  for
    38    the  expenses of the New York city transit
    39    authority, the Manhattan and Bronx surface
    40    transit  operating  authority,   and   the
    41    Staten   Island  rapid  transit  operating
    42    authority,  the  Long  Island  rail   road
    43    company and the Metro-North commuter rail-
    44    road  company  which includes the New York
    45    state portion of the Harlem, Hudson,  Port
    46    Jervis,  Pascack, and the New Haven commu-
    47    ter railroad service regardless of whether
    48    the  services  are  provided  directly  or
    49    pursuant to joint service agreements.

        A. 9771                            11
 
     1  No expenditure shall be made hereunder until
     2    a  certificate of approval has been issued
     3    by the director of the budget and  a  copy
     4    of  such  certificate filed with the state
     5    comptroller, the chairperson of the senate
     6    finance  committee  and the chairperson of
     7    the assembly  ways  and  means  committee.
     8    Moneys  appropriated  herein  may  be made
     9    available at  such  times  and  upon  such
    10    conditions as may be deemed appropriate by
    11    the commissioner of transportation and the
    12    director  of the budget in accordance with
    13    the following:
    14  To the metropolitan transportation authority
    15    for the operating  expenses  of  the  Long
    16    Island  rail  road  company and the Metro-
    17    North  commuter  railroad  company   which
    18    include  operating  expenses  for  the New
    19    York state portion of Harlem, Hudson, Port
    20    Jervis, Pascack, and  New  Haven  commuter
    21    railroad  services  regardless  of whether
    22    such services  are  provided  directly  or
    23    pursuant   to   joint  service  agreements
    24    (54282) ...................................... 7,700,000
    25                                              --------------
 
    26    Special Revenue Funds - Other
    27    Dedicated Mass Transportation Trust Fund
    28    Transit Authorities Account - 20851
 
    29  To the metropolitan transportation authority
    30    for deposit in the metropolitan  transpor-
    31    tation  authority  dedicated  tax fund for
    32    the expenses of the New York city  transit
    33    authority, the Manhattan and Bronx surface
    34    transit   operating   authority,  and  the
    35    Staten  Island  rapid  transit   operating
    36    authority,   the  Long  Island  rail  road
    37    company and the Metro-North commuter rail-
    38    road company which includes the  New  York
    39    state  portion of the Harlem, Hudson, Port
    40    Jervis, Pascack, and the New Haven  commu-
    41    ter railroad service regardless of whether
    42    the  services  are  provided  directly  or
    43    pursuant to joint service agreements.
    44  No expenditure shall be made hereunder until
    45    a certificate of approval has been  issued
    46    by  the  director of the budget and a copy
    47    of such certificate filed with  the  state
    48    comptroller, the chairperson of the senate
    49    finance  committee  and the chairperson of
    50    the assembly  ways  and  means  committee.
    51    Moneys  appropriated  herein  may  be made
    52    available at  such  times  and  upon  such
    53    conditions as may be deemed appropriate by
    54    the commissioner of transportation and the

        A. 9771                            12
 
     1    director  of the budget in accordance with
     2    the following:
     3  To the metropolitan transportation authority
     4    for the operating expenses of the New York
     5    city  transit authority, the Manhattan and
     6    Bronx surface transit operating authority,
     7    and the Staten Island rapid transit  oper-
     8    ating authority (53173) ..................... 43,300,000
     9                                              --------------
 
    10    § 10. Section 7 of chapter 113 of the laws of 2024, relating to making
    11  appropriations  for  the  support  of  government, is amended to read as
    12  follows:
    13    § 7. The amounts specified in this section,  or  so  much  thereof  as
    14  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    15  appropriated and authorized to be paid as hereinafter provided,  to  the
    16  public  officers  and  for the purposes specified, which amount shall be
    17  available for the state fiscal year beginning April 1, 2024.
 
    18                      DEPARTMENT OF VETERANS' SERVICES
 
    19                              AID TO LOCALITIES

    20  VETERANS' BENEFITS ADVISING PROGRAM ............. [112,000]      154,000
    21                                              --------------
 
    22    Special Revenue Funds - Other
    23    Homeless Veterans Assistance Fund
    24    Homeless Veterans Assistance Account - 20204
 
    25  For services and expenses related  to  home-
    26    less  veterans' housing, including liabil-
    27    ities incurred prior to April 5, 2024 ....
    28    ................................. [112,000]      154,000
    29                                --------------
 
    30    § 11. No expenditure may be made from any appropriation in  this  act,
    31  until  a  certificate of approval has been issued by the director of the
    32  budget and a copy of such certificate shall have  been  filed  with  the
    33  state  comptroller, the chairman of the senate finance committee and the
    34  chairman of the assembly ways and  means  committee  provided,  however,
    35  that  any  expenditures  from  any appropriation in this act made by the
    36  legislature or judiciary shall not require such certificate.
 
    37    § 12. All expenditures and disbursements made  against  the  appropri-
    38  ations in this act shall, upon final action by the legislature on appro-
    39  priation  bills submitted by the governor pursuant to article VII of the
    40  state constitution for the support of government for  the  state  fiscal
    41  year  beginning  April  1,  2024,  be  transferred by the comptroller as
    42  expenditures and disbursements to  such  appropriations  for  all  state
    43  departments and agencies, as applicable, in amounts equal to the amounts
    44  charged against the appropriations in this act for each such department,
    45  agency, and the legislature and the judiciary.

    46    §  13. Severability clause. If any clause, sentence, paragraph, subdi-
    47  vision, section or part of this act shall be adjudged by  any  court  of

        A. 9771                            13
 
     1  competent  jurisdiction  to  be invalid, such judgment shall not affect,
     2  impair, or invalidate the remainder thereof, but shall  be  confined  in
     3  its  operation  to the clause, sentence, paragraph, subdivision, section
     4  or part thereof directly involved in the controversy in which such judg-
     5  ment shall have been rendered. It is hereby declared to be the intent of
     6  the  legislature  that  this  act  would  have been enacted even if such
     7  invalid provisions had not been included herein.
 
     8    § 14. This act shall take effect immediately and shall  be  deemed  to
     9  have been in full force and effect on and after April 1, 2024; provided,
    10  however, that upon the transfer of expenditures and disbursements by the
    11  comptroller  as  provided  in  section twelve of this act, the appropri-
    12  ations made by this act and subject to  such  section  shall  be  deemed
    13  repealed.
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