-  This bill is not active in this session.
 

S06440 Summary:

BILL NOS06440
 
SAME ASSAME AS A06585
 
SPONSORKRUEGER
 
COSPNSR
 
MLTSPNSR
 
Amd §§2 - 5, 7, 8 & 10, Chap 121 of 2023; amd §9, Chap 124 of 2023; amd §10, Chap 122 of 2023
 
Provides for emergency appropriation through April 24, 2023 for the support of government.
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S06440 Actions:

BILL NOS06440
 
04/20/2023REFERRED TO RULES
04/20/2023ORDERED TO THIRD READING CAL.625
04/20/2023MESSAGE OF NECESSITY - APPROPRIATION
04/20/2023MESSAGE OF NECESSITY - 3 DAY MESSAGE
04/20/2023PASSED SENATE
04/20/2023DELIVERED TO ASSEMBLY
04/20/2023referred to ways and means
04/20/2023substituted for a6585
04/20/2023ordered to third reading rules cal.120
04/20/2023message of necessity - appropriation
04/20/2023message of necessity - 3 day message
04/20/2023passed assembly
04/20/2023returned to senate
04/20/2023DELIVERED TO GOVERNOR
04/20/2023SIGNED CHAP.125
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S06440 Committee Votes:

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S06440 Floor Votes:

DATE:04/20/2023Assembly Vote  YEA/NAY: 143/0
Yes
Alvarez
Yes
Carroll
Yes
Flood
Yes ‡
Kim
Yes
Palmesano
Yes
Simpson
Yes
Anderson
Yes
Chandler-Waterm
Yes
Forrest
Yes
Lavine
Yes
Paulin
Yes
Slater
Yes
Angelino
Yes
Chang
Yes
Friend
Yes
Lee
Yes
Peoples-Stokes
Yes
Smith
Yes
Ardila
Yes
Clark
Yes
Gallagher
Yes
Lemondes
Yes
Pheffer Amato
Yes
Smullen
Yes
Aubry
Yes
Colton
Yes
Gallahan
Yes
Levenberg
Yes
Pirozzolo
Yes
Solages
Yes
Barclay
Yes
Conrad
Yes
Gandolfo
Yes ‡
Lucas
Yes
Pretlow
Yes
Steck
Yes
Barrett
Yes
Cook
Yes
Gibbs
Yes
Lunsford
Yes
Ra
Yes
Stern
Yes
Beephan
Yes
Cruz
Yes
Giglio JA
Yes
Lupardo
Yes
Raga
Yes
Stirpe
Yes
Bendett
Yes
Cunningham
Yes
Giglio JM
Yes
Magnarelli
Yes
Rajkumar
Yes
Tague
Yes
Benedetto
Yes
Curran
Yes
Glick
Yes
Maher
ER
Ramos
Yes
Tannousis
ER
Bichotte Hermel
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Mamdani
Yes
Reilly
Yes
Tapia
Yes
Blankenbush
Yes
Davila
ER
Goodell
Yes
Manktelow
ER
Reyes
Yes
Taylor
Yes
Blumencranz
Yes
De Los Santos
Yes
Gray
Yes
McDonald
Yes
Rivera
Yes
Thiele
Yes
Bores
Yes
DeStefano
Yes
Gunther
ER
McDonough
Yes
Rosenthal D
Yes
Vanel
Yes
Brabenec
Yes ‡
Dickens
Yes
Hawley
Yes
McGowan
Yes
Rosenthal L
Yes ‡
Walker
Yes
Braunstein
Yes
Dilan
Yes
Hevesi
Yes
McMahon
Yes
Rozic
Yes
Wallace
Yes
Bronson
Yes
Dinowitz
Yes
Hunter
Yes
Meeks
Yes
Santabarbara
Yes
Walsh
Yes
Brook-Krasny
ER
DiPietro
Yes
Hyndman
Yes
Mikulin
Yes
Sayegh
Yes
Weinstein
Yes
Brown E
Yes
Durso
Yes
Jackson
Yes
Miller
Yes ‡
Seawright
Yes
Weprin
Yes
Brown K
Yes
Eachus
Yes
Jacobson
Yes
Mitaynes
Yes
Septimo
Yes
Williams
Yes
Burdick
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Morinello
Yes
Shimsky
Yes
Woerner
Yes
Burgos
Yes
Epstein
Yes
Jensen
Yes
Norris
Yes
Shrestha
Yes
Zaccaro
ER
Burke
Yes
Fahy
Yes
Jones
Yes
Novakhov
Yes
Sillitti
Yes
Zebrowski
Yes
Buttenschon
Yes
Fall
Yes
Joyner
Yes
O'Donnell
Yes
Simon
Yes
Zinerman
Yes
Byrnes
Yes
Fitzpatrick
Yes
Kelles
Yes
Otis
Yes
Simone
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S06440 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6440
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     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:
 
     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, 2023 are enacted.
     8    § 2.  Section 2 of chapter 121 of the laws of 2023, relating to making
     9  appropriations  for the support of government, as amended by chapter 124
    10  of the laws of 2023, 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, 2023.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12009-01-3

        S. 6440                             2
 
     1                     ALL STATE DEPARTMENTS AND AGENCIES
 
     2  For  the  purpose  of  making  payments  for
     3    personal  service,  including  liabilities
     4    incurred prior to April 1,  2023,  on  the
     5    payrolls  scheduled  to be paid during the
     6    period April 1 through April [20] 24, 2023
     7    to state officers  and  employees  of  the
     8    executive  branch, including the governor,
     9    lieutenant  governor,   comptroller,   and
    10    attorney  general, and to employees of the
    11    legislature.   This   appropriation   also
    12    includes  funding  for  payment  of health
    13    care and mental hygiene bonuses to  eligi-
    14    ble  state  employees,  and  payments  for
    15    services  performed  by  mentally  ill  or
    16    developmentally  disabled  persons who are
    17    employed in state-operated special employ-
    18    ment, work-for-pay or  sheltered  workshop
    19    programs .................... [714,000,000]  716,700,000
    20                                --------------
 
    21    §  3. Section 3 of chapter 121 of the laws of 2023, relating to making
    22  appropriations for the support of government, as amended by chapter  124
    23  of the laws of 2023, is amended to read as follows:
    24    § 3. The amount specified in this section, or so much thereof as shall
    25  be  sufficient to accomplish the purpose designated, is hereby appropri-
    26  ated and authorized to be paid as hereinafter provided,  to  the  public
    27  officers  and for the purpose specified, which amount shall be available
    28  for the state fiscal year beginning April 1, 2023.

    29                     ALL STATE DEPARTMENTS AND AGENCIES
 
    30  For the  payment  of  state  operations  non
    31    personal service liabilities to the execu-
    32    tive  branch,  including  the comptroller,
    33    and the attorney general, and legislature,
    34    incurred in the ordinary course  of  busi-
    35    ness,  during  the  period April 1 through
    36    April [20] 24, 2023, pursuant to  existing
    37    state  law  and for purposes for which the
    38    legislature authorized the expenditure  of
    39    moneys  during  the 2022-2023 state fiscal
    40    year;  provided,  however,  that   nothing
    41    contained  herein shall be deemed to limit
    42    or restrict  the  power  or  authority  of
    43    state  departments  or agencies to conduct
    44    their activities or operations in  accord-
    45    ance   with   existing  law,  and  further
    46    provided  that  nothing  contained  herein
    47    shall  be  deemed to supersede, nullify or
    48    modify the provisions of section 40 of the
    49    state finance law prescribing when  appro-
    50    priations  made  for  the  2022-2023 state
    51    fiscal year  shall  have  ceased  to  have
    52    force and effect ............................ 48,600,000

        S. 6440                             3
 
     1                                              --------------
 
     2    §  4. Section 4 of chapter 121 of the laws of 2023, relating to making
     3  appropriations for the support of government, as amended by chapter  124
     4  of the laws of 2023, is amended to read as follows:
     5    §  4.  The  amounts  specified  in this section, or so much thereof as
     6  shall be sufficient to accomplish the  purposes  designated,  is  hereby
     7  appropriated  and  authorized to be paid as hereinafter provided, to the
     8  public officers and for the purposes specified, which  amount  shall  be
     9  available for the state fiscal year beginning April 1, 2023.
 
    10                     ALL STATE DEPARTMENTS AND AGENCIES
 
    11  The  sum  of  one  hundred  seventy  million
    12    dollars ($170,000,000), or so much thereof
    13    as shall be sufficient to  accomplish  the
    14    purpose designated, is hereby appropriated
    15    for  contracts  and  grants  approved  for
    16    purposes for which the legislature author-
    17    ized the expenditures of money during  the
    18    2022-2023 fiscal year. An amount up to one
    19    hundred     seventy     million    dollars
    20    ($170,000,000) shall be available for  the
    21    payment  of  capital  projects liabilities
    22    incurred during the period  from  April  1
    23    through  April [20] 24, 2023 for contracts
    24    and grants  approved  prior  to  April  1,
    25    2023,   provided,  however,  that  nothing
    26    contained herein shall be deemed to  limit
    27    or  restrict  the  power  or  authority of
    28    state departments or agencies  to  conduct
    29    their  activities or operations in accord-
    30    ance  with  existing  law,   and   further
    31    provided  that  nothing  contained  herein
    32    shall be deemed to supersede, nullify,  or
    33    modify the provisions of section 40 of the
    34    state  finance law prescribing when appro-
    35    priations made for  the  2022-2023  fiscal
    36    year  shall  have ceased to have force and
    37    effect ..................................... 170,000,000
    38                                              --------------
 
    39    § 5. Section 5 of chapter 121 of the laws of 2023, relating to  making
    40  appropriations  for the support of government, as amended by chapter 124
    41  of the laws of 2023, is amended to read as follows:
    42    § 5. The several amounts specified in this section, or so much thereof
    43  as shall be sufficient to accomplish the purposes designated, are hereby
    44  appropriated and authorized to be paid as hereinafter provided,  to  the
    45  respective public officers and for the several purposes specified, which
    46  amounts  shall be available for the state fiscal year beginning April 1,
    47  2023.
 
    48                     ALL STATE DEPARTMENTS AND AGENCIES
 
    49  The   sum   of   thirty   million    dollars
    50    ($30,000,000), or so much thereof as shall

        S. 6440                             4
 
     1    be  sufficient  to  accomplish the purpose
     2    designated,  is  hereby  appropriated  for
     3    contracts  and  grants  approved for which
     4    the  legislature  authorized  the expendi-
     5    tures of money during the 2022-2023 fiscal
     6    year.  An  amount  up  to  thirty  million
     7    dollars  ($30,000,000)  shall be available
     8    for  the  payment  of   capital   projects
     9    liabilities  incurred  during  the  period
    10    from April 1 through April [20]  24,  2023
    11    for  contracts  and  grants approved after
    12    April 1,  2023,  provided,  however,  that
    13    nothing  contained  herein shall be deemed
    14    to limit or restrict the power or authori-
    15    ty of state  departments  or  agencies  to
    16    conduct  their activities or operations in
    17    accordance with existing law, and  further
    18    provided  that  nothing  contained  herein
    19    shall be deemed to supersede, nullify,  or
    20    modify the provisions of section 40 of the
    21    state  finance law prescribing when appro-
    22    priations made for  the  2022-2023  fiscal
    23    year  shall  have ceased to have force and
    24    effect ...................................... 30,000,000
    25                                              --------------
 
    26    § 6. Section 7 of chapter 121 of the laws of 2023, relating to  making
    27  appropriations  for the support of government, as amended by chapter 124
    28  of the laws of 2023, is amended to read as follows:
    29    § 7. The amounts specified in this section,  or  so  much  thereof  as
    30  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    31  appropriated and authorized to be paid as hereinafter provided,  to  the
    32  public  officers  and  for the purposes specified, which amount shall be
    33  available for the state fiscal year beginning April 1, 2023.
 
    34                                  JUDICIARY
 
    35  For  the  purpose  of  making  payments  for
    36    personal  service,  including  liabilities
    37    incurred prior to April 1,  2023,  on  the
    38    payrolls  scheduled  to be paid during the
    39    period April 1 through April [20] 24, 2023
    40    to officers and employees of the judiciary .. 65,000,000
    41  For the payment of state operations  nonper-
    42    sonal  service  liabilities,  the  sum  of
    43    fifty million dollars ($50,000,000), or so
    44    much thereof as  shall  be  sufficient  to
    45    accomplish   the  purpose  designated,  is
    46    hereby appropriated to the  judiciary  out
    47    of any moneys in the general fund or other
    48    funds  to the credit of the state purposes
    49    account not  otherwise  appropriated.  The
    50    comptroller   is   hereby  authorized  and
    51    directed to utilize this appropriation for
    52    the purpose of making  payments  for  non-
    53    personal  service  liabilities incurred by

        S. 6440                             5
 
     1    the judiciary from April 1  through  April
     2    [20] 24, 2023 ............................... 50,000,000
     3  For the payment of aid to localities liabil-
     4    ities,  the sum of fifteen million dollars
     5    ($15,000,000), or so much thereof as shall
     6    be sufficient to  accomplish  the  purpose
     7    designated,  is hereby appropriated to the
     8    judiciary out of any moneys in the general
     9    fund or other funds to the credit  of  the
    10    state   purposes   account  not  otherwise
    11    appropriated. The  comptroller  is  hereby
    12    authorized  and  directed  to utilize this
    13    appropriation for the  purpose  of  making
    14    payments for aid to localities liabilities
    15    incurred  by  the  judiciary  from April 1
    16    through April [20] 24, 2023 ................. 15,000,000
    17  For the payment of employee  fringe  benefit
    18    programs  including,  but  not limited to,
    19    the  judiciary's  contributions   to   the
    20    health   insurance  fund,  the  employees'
    21    retirement  system  pension   accumulation
    22    fund,  the  social  security  contribution
    23    fund, employee benefit fund programs,  the
    24    dental  insurance  plan,  the  vision care
    25    plan, the unemployment insurance fund, and
    26    for workers'  compensation  benefits,  the
    27    sum  of  two  hundred  eighty-one  million
    28    dollars ($281,000,000), or so much thereof
    29    as shall be sufficient to  accomplish  the
    30    purpose designated, is hereby appropriated
    31    to  the judiciary out of any moneys in the
    32    general fund or other funds to the  credit
    33    of  the  state purposes account not other-
    34    wise  appropriated.  The  comptroller   is
    35    hereby  authorized and directed to utilize
    36    this  appropriation  for  the  purpose  of
    37    making  payments for employee fringe bene-
    38    fit liabilities incurred by the  judiciary
    39    from April 1 through April [20] 24, 2023 ... 281,000,000
 
    40    §  7. Section 9 of chapter 124 of the laws of 2023, relating to making
    41  appropriations for the support of government,  is  amended  to  read  as
    42  follows:
    43    §  9.  The  amounts  specified  in this section, or so much thereof as
    44  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    45  appropriated  and  authorized to be paid as hereinafter provided, to the
    46  public officers and for the purposes specified, which  amount  shall  be
    47  available for the state fiscal year beginning April 1, 2023.
 
    48                    DEPARTMENT OF AGRICULTURE AND MARKETS
 
    49                              AID TO LOCALITIES

    50  AGRICULTURAL BUSINESS SERVICES PROGRAM .......... [348,000]      812,000
    51                                              --------------

        S. 6440                             6
 
     1    General Fund
     2    Local Assistance Account - 10000
 
     3  Notwithstanding any law to the contrary, for
     4    services,  expenses  and grants, including
     5    but not limited to (a) the New York  state
     6    veterinary   diagnostic   laboratory,  (b)
     7    research  and   development   at   Cornell
     8    university,  (c) education and outreach at
     9    Cornell university, (d) the New York  farm
    10    viability  institute, (e) the promotion of
    11    agricultural economic development, and (f)
    12    agricultural access, education  and  work-
    13    force support, pursuant to a plan prepared
    14    by  the  commissioner of the department of
    15    agriculture and markets  and  approved  by
    16    the  director of the budget.  Funds hereby
    17    appropriated shall  be  available  to  the
    18    program    net    of   refunds,   rebates,
    19    reimbursements  and  credits.  All  or   a
    20    portion   of  this  appropriation  may  be
    21    suballocated  to  any  state   department,
    22    agency, or public authority ..... [348,000]      812,000
    23                                --------------
 
    24    §  8.  The  amounts  specified  in this section, or so much thereof as
    25  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    26  appropriated  and  authorized to be paid as hereinafter provided, to the
    27  public officers and for the purposes specified, which  amount  shall  be
    28  available for the state fiscal year beginning April 1, 2023.
 
    29                            EDUCATION DEPARTMENT

    30                              AID TO LOCALITIES
 
    31  OFFICE  OF  PREKINDERGARTEN THROUGH GRADE TWELVE EDUCATION
    32    PROGRAM ................................................ 1,390,000,000
    33                                                            --------------
 
    34    General Fund
    35    Local Assistance Account - 10000
 
    36  For remaining 2022-23 and prior school  year
    37    obligations, including aid for such school
    38    years  payable  pursuant to section 3609-d
    39    of  the  education  law,   provided   that
    40    notwithstanding  any  provision  of law to
    41    the contrary, subject to the  approval  of
    42    the  director  of the budget, funds appro-
    43    priated herein may  be  interchanged  with
    44    any other item of appropriation for gener-
    45    al  support  for public schools within the
    46    general  fund  local  assistance   account
    47    office  of  prekindergarten  through grade
    48    twelve education program.

        S. 6440                             7
 
     1  Notwithstanding any other law, rule or regu-
     2    lation to the contrary, funds appropriated
     3    herein shall be available for  payment  of
     4    financial  assistance net of any disallow-
     5    ances, refunds, reimbursement and credits,
     6    and  may  be suballocated to other depart-
     7    ments  and  agencies  to  accomplish   the
     8    intent  of  this  appropriation subject to
     9    the approval of the director of the  budg-
    10    et.   Notwithstanding any provision of law
    11    to the contrary, funds appropriated herein
    12    shall be available for payment of  liabil-
    13    ities  heretofore  accrued or hereafter to
    14    accrue ................................... 1,390,000,000
    15                                              --------------

    16    § 9. Section 8 of chapter 121 of the laws of 2023, relating to  making
    17  appropriations  for the support of government, as amended by chapter 124
    18  of the laws of 2023, is amended to read as follows:
    19    § 8. The amounts specified in this section,  or  so  much  thereof  as
    20  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    21  appropriated and authorized to be paid as hereinafter provided,  to  the
    22  public  officers  and  for the purposes specified, which amount shall be
    23  available for the state fiscal year beginning April 1, 2023.
 
    24                            DEPARTMENT OF HEALTH
 
    25                              AID TO LOCALITIES
 
    26  CENTER FOR COMMUNITY HEALTH PROGRAM .......... [35,093,000]   31,017,000
    27                                              --------------
 
    28    General Fund
    29    Local Assistance Account - 10000

    30  For services and  expenses  related  to  the
    31    Indian  health  program. The moneys hereby
    32    appropriated  shall  be  for  payment   of
    33    financial assistance heretofore accrued or
    34    hereafter to accrue (26840) .................. 6,400,000
    35                                              --------------
 
    36    Special Revenue Funds - Federal
    37    Federal USDA-Food and Nutrition Services Fund
    38    Federal Food and Nutrition Services Account - 25022
 
    39  For  various  federal  food  and nutritional
    40    services. The moneys  hereby  appropriated
    41    shall  be  available for payment of finan-
    42    cial assistance heretofore accrued (26986)
    43    .............................. [19,693,000]   24,617,000
    44                                --------------
 
    45  HEALTH CARE REFORM ACT PROGRAM ............................... 9,000,000
    46                                                            --------------

        S. 6440                             8
 
     1    Special Revenue Funds - Other
     2    HCRA Resources Fund
     3    HCRA Program Account - 20807
 
     4  For transfer to health research incorporated
     5    (HRI)   for   the   AIDS  drug  assistance
     6    program, including payments to Ryan  White
     7    centers (29880) .............................. 9,000,000
 
     8    §  10.  Section  10  of  chapter  122 of the laws of 2023, relating to
     9  making appropriations for the support of government, as amended by chap-
    10  ter 124 of the laws of 2023, is amended to read as follows:
    11    § 10. 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 purposes specified, which amount shall be
    15  available for the state fiscal year beginning April 1, 2023.
 
    16                             DEPARTMENT OF LABOR
 
    17                              AID TO LOCALITIES
 
    18  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [544,000,000]  592,000,000
    19                                              --------------
 
    20    Enterprise Funds
    21    Unemployment Insurance Benefit Fund
    22    Unemployment Insurance Benefit Account - 50650
 
    23  For payment of unemployment insurance  bene-
    24    fits  pursuant  to article 18 of the labor
    25    law  or  as  authorized  by  the   federal
    26    government  through the disaster unemploy-
    27    ment  assistance  program,  the  emergency
    28    unemployment   compensation  program,  the
    29    extended  benefit  program,  the   federal
    30    additional  compensation  program  or  any
    31    other federally funded unemployment  bene-
    32    fit program (34787) ......... [544,000,000]  592,000,000
 
    33    §  11.  Section  10  of  chapter  121 of the laws of 2023, relating to
    34  making appropriations for the support of government, as amended by chap-
    35  ter 124 of the laws of 2023, is amended to read as follows:
    36    § 10. The amount specified in this section,  or  so  much  thereof  as
    37  shall  be  sufficient  to  accomplish  the purpose designated, is hereby
    38  appropriated and authorized to be paid as hereinafter provided,  to  the
    39  public  officers  and  for  the purpose specified, which amount shall be
    40  available for the state fiscal year beginning April 1, 2023.

        S. 6440                             9
 
     1                        DEPARTMENT OF MENTAL HYGIENE
 
     2              OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 
     3                              AID TO LOCALITIES
 
     4  COMMUNITY SERVICES PROGRAM .................. [177,545,000]  183,533,000
     5                                              --------------
 
     6    General Fund
     7    Local Assistance Account - 10000
 
     8  For  services  and expenses of the community
     9    services program,  net  of  disallowances,
    10    for  community  programs  for  people with
    11    developmental  disabilities  pursuant   to
    12    article  41  of  the  mental  hygiene law,
    13    and/or chapter 620 of the  laws  of  1974,
    14    chapter  660  of the laws of 1977, chapter
    15    412 of the laws of 1981, chapter 27 of the
    16    laws of 1987, chapter 729 of the  laws  of
    17    1989,  chapter 329 of the laws of 1993 and
    18    other provisions  of  the  mental  hygiene
    19    law.   Notwithstanding   any  inconsistent
    20    provision of law, the following  appropri-
    21    ation shall be net of prior and/or current
    22    year refunds, rebates, reimbursements, and
    23    credits.
    24  Notwithstanding  any other provision of law,
    25    advances and reimbursement  made  pursuant
    26    to  subdivision  (d)  of section 41.15 and
    27    section 41.18 of the  mental  hygiene  law
    28    shall  be allocated pursuant to a plan and
    29    in a manner prescribed by the agency  head
    30    and  approved by the director of the budg-
    31    et. The  moneys  hereby  appropriated  are
    32    available  to reimburse or advance locali-
    33    ties and voluntary non-profit agencies for
    34    expenditures  made  during  local   fiscal
    35    periods  commencing January 1, 2022, April
    36    1, 2022 or July 1, 2022, and for  advances
    37    for  the  3 month period beginning January
    38    1, 2023.
    39  Notwithstanding the provisions of article 41
    40    of the mental hygiene  law  or  any  other
    41    inconsistent  provision  of  law,  rule or
    42    regulation, the commissioner, pursuant  to
    43    such  contract  and in the manner provided
    44    therein, may pay all or a portion  of  the
    45    expenses  incurred by such voluntary agen-
    46    cies arising out of loans which are funded
    47    from  the  proceeds  of  bonds  and  notes
    48    issued  by  the dormitory authority of the
    49    state of New York.
    50  Notwithstanding any other provision of  law,
    51    the   money  hereby  appropriated  may  be

        S. 6440                            10
 
     1    transferred to state operations and/or any
     2    appropriation of  the  office  for  people
     3    with  developmental  disabilities with the
     4    approval of the director of the budget.
     5  Notwithstanding  any  inconsistent provision
     6    of law, moneys from this appropriation may
     7    be used for state aid of up to 100 percent
     8    of the net deficit costs of  day  training
     9    programs and family support services.
    10  Notwithstanding  the  provisions  of section
    11    16.23 of the mental hygiene  law  and  any
    12    other  inconsistent provision of law, with
    13    relation to  the  operation  of  certified
    14    family  care  homes, including family care
    15    homes sponsored by voluntary  not-for-pro-
    16    fit  agencies,  moneys from this appropri-
    17    ation may be used for payments to purchase
    18    general services including but not limited
    19    to respite providers, up to a  maximum  of
    20    14 days, at rates to be established by the
    21    commissioner  and approved by the director
    22    of the budget in consideration of  factors
    23    including,  but not limited to, geographic
    24    area and number of clients  cared  for  in
    25    the  home  and  for  payment  in an amount
    26    determined by  the  commissioner  for  the
    27    personal  needs of each client residing in
    28    the family care home.
    29  Notwithstanding the provisions  of  subdivi-
    30    sion  12 of section 8 of the state finance
    31    law and any other  inconsistent  provision
    32    of law, moneys from this appropriation may
    33    be  used for expenses of family care homes
    34    including payments to operators of  certi-
    35    fied  family care homes for damages caused
    36    by clients to personal and  real  property
    37    in  accordance  with standards established
    38    by the commissioner and  approved  by  the
    39    director of the budget.
    40  Notwithstanding  any  inconsistent provision
    41    of law, moneys from this appropriation may
    42    be  used  for  appropriate   day   program
    43    services  and residential services includ-
    44    ing, but not limited  to,  direct  housing
    45    subsidies    to    individuals,   start-up
    46    expenses for family care providers,  envi-
    47    ronmental modifications, adaptive technol-
    48    ogies,   appraisals,   property   options,
    49    feasibility  studies  and   preoperational
    50    expenses.
    51  Notwithstanding  any  inconsistent provision
    52    of law except pursuant to a chapter of the
    53    laws of 2022  authorizing  a  5.4  percent
    54    cost  of living adjustment, for the period
    55    commencing on April  1,  2022  and  ending
    56    March  31, 2023 the commissioner shall not

        S. 6440                            11
 
     1    apply any other cost of living  adjustment
     2    for  the  purpose of establishing rates of
     3    payments, contracts or any other  form  of
     4    reimbursement.
     5  Notwithstanding  section  6908 of the educa-
     6    tion law and any other provision  of  law,
     7    rule or regulation to the contrary, direct
     8    support  staff  in  programs  certified or
     9    approved by the  office  for  people  with
    10    developmental  disabilities, including the
    11    home and community based  services  waiver
    12    programs  that  the office for people with
    13    developmental disabilities  is  authorized
    14    to administer with federal approval pursu-
    15    ant  to subdivision (c) of section 1915 of
    16    the  federal  social  security  act,   are
    17    authorized  to provide such tasks as OPWDD
    18    may  specify  when  performed  under   the
    19    supervision,    training    and   periodic
    20    inspection of  a  registered  professional
    21    nurse and in accordance with an authorized
    22    practitioner's ordered care.
    23  Notwithstanding  any  other provision of law
    24    to  the  contrary,  and  consistent   with
    25    section  33.07  of the mental hygiene law,
    26    the directors of facilities  licensed  but
    27    not operated by the office for people with
    28    developmental   disabilities  who  act  as
    29    federally-appointed representative  payees
    30    and  who  assume management responsibility
    31    over the funds of a resident may  continue
    32    to  use  such  funds  for  the cost of the
    33    resident's care and treatment,  consistent
    34    with federal law and regulations.
    35  Funds appropriated herein shall be available
    36    in accordance with the following:
    37  Notwithstanding  any  inconsistent provision
    38    of law, the  director  of  the  budget  is
    39    authorized  to  make  suballocations  from
    40    this appropriation to  the  department  of
    41    health medical assistance program.
    42  Notwithstanding  any  inconsistent provision
    43    of law, and pursuant  to  criteria  estab-
    44    lished  by  the commissioner of the office
    45    for people with developmental disabilities
    46    and approved by the director of the  budg-
    47    et,  expenditures  may  be  made from this
    48    appropriation for  residential  facilities
    49    which   are   pending  recertification  as
    50    intermediate care  facilities  for  people
    51    with developmental disabilities.
    52  Notwithstanding  the  provisions  of section
    53    41.36 of the mental hygiene  law  and  any
    54    other   inconsistent   provision  of  law,
    55    moneys from this appropriation may be used
    56    for  payment  up  to  $250  per  year  per

        S. 6440                            12
 
     1    client,  at  such times and in such manner
     2    as determined by the commissioner  on  the
     3    basis  of  financial need for the personal
     4    needs of each client residing in voluntary
     5    operated  community  residences and volun-
     6    tary-operated community residential alter-
     7    natives, including individualized residen-
     8    tial  alternatives  under  the  home   and
     9    community   based   services  waiver.  The
    10    commissioner   shall,   subject   to   the
    11    approval  of  the  director of the budget,
    12    alter existing advance  payment  schedules
    13    for   voluntary-operated  community  resi-
    14    dences  established  pursuant  to  section
    15    41.36 of the mental hygiene law.  Notwith-
    16    standing any inconsistent provision of law
    17    moneys from this appropriation may be used
    18    for  the  operation  of  clinics  licensed
    19    pursuant  to  article  16  of  the  mental
    20    hygiene law including, but not limited to,
    21    supportive   and   habilitative   services
    22    consistent with  the  home  and  community
    23    based   services  waiver.  Notwithstanding
    24    sections 112 and 163 of the state  finance
    25    law and section 142 of the economic devel-
    26    opment  law,  or  any  other  inconsistent
    27    provision of law,  funds  appropriated  to
    28    the  department  of  health  in accordance
    29    with a schedule based upon approved  Medi-
    30    caid claims for eligible home and communi-
    31    ty-based   services,   or  other  approved
    32    services as defined in section nine  thou-
    33    sand  eight  hundred  and seventeen of the
    34    American rescue plan  act  of  2021,  from
    35    April  1,  2021 through March 31, 2023 and
    36    made available by the department of health
    37    via sub-allocation or transfer  of  up  to
    38    $740,000,000 may be allocated and distrib-
    39    uted by the commissioner of the office for
    40    people  with  developmental  disabilities,
    41    subject to approval of the director of the
    42    budget,  without  a  competitive  bid   or
    43    request   for  proposal  process  for  the
    44    services and expenses of qualified  appli-
    45    cants.  All awards will be granted utiliz-
    46    ing criteria established  by  the  commis-
    47    sioner  of  the  office  for  people  with
    48    developmental disabilities  to  strengthen
    49    and   enhance   home  and  community-based
    50    services  consistent  with  the   American
    51    rescue plan act of 2021.
    52  For  the  state  share of medical assistance
    53    services expenses incurred by the  depart-
    54    ment   of  health  for  the  provision  of
    55    medical assistance services to people with
    56    developmental disabilities (37835) ......... 152,106,000

        S. 6440                            13
 
     1  For services and expenses of  the  community
     2    services  program,  net  of disallowances,
     3    for community  programs  for  people  with
     4    developmental   disabilities  pursuant  to
     5    article  41  of  the  mental  hygiene law,
     6    and/or chapter 620 of the  laws  of  1974,
     7    chapter  660  of the laws of 1977, chapter
     8    412 of the laws of 1981, chapter 27 of the
     9    laws of 1987, chapter 729 of the  laws  of
    10    1989,  chapter 329 of the laws of 1993 and
    11    other provisions  of  the  mental  hygiene
    12    law.   Notwithstanding   any  inconsistent
    13    provision of law, the following  appropri-
    14    ation shall be net of prior and/or current
    15    year refunds, rebates, reimbursements, and
    16    credits.
    17  Notwithstanding  any other provision of law,
    18    advances and reimbursement  made  pursuant
    19    to  subdivision  (d)  of section 41.15 and
    20    section 41.18 of the  mental  hygiene  law
    21    shall  be allocated pursuant to a plan and
    22    in a manner prescribed by the agency  head
    23    and  approved by the director of the budg-
    24    et. The  moneys  hereby  appropriated  are
    25    available  to reimburse or advance locali-
    26    ties and voluntary non-profit agencies for
    27    expenditures  made  during  local   fiscal
    28    periods  commencing January 1, 2022, April
    29    1, 2022 or July 1, 2022, and for  advances
    30    for  the  3 month period beginning January
    31    1, 2023.
    32  Notwithstanding the provisions of article 41
    33    of the mental hygiene  law  or  any  other
    34    inconsistent  provision  of  law,  rule or
    35    regulation, the commissioner, pursuant  to
    36    such  contract  and in the manner provided
    37    therein, may pay all or a portion  of  the
    38    expenses  incurred by such voluntary agen-
    39    cies arising out of loans which are funded
    40    from  the  proceeds  of  bonds  and  notes
    41    issued  by  the dormitory authority of the
    42    state of New York.
    43  Notwithstanding any other provision of  law,
    44    the   money  hereby  appropriated  may  be
    45    transferred to state operations and/or any
    46    appropriation of  the  office  for  people
    47    with  developmental  disabilities with the
    48    approval of the director of the budget.
    49  Notwithstanding any  inconsistent  provision
    50    of law, moneys from this appropriation may
    51    be used for state aid of up to 100 percent
    52    of  the  net deficit costs of day training
    53    programs and family support services.
    54  Notwithstanding the  provisions  of  section
    55    16.23  of  the  mental hygiene law and any
    56    other inconsistent provision of law,  with

        S. 6440                            14

     1    relation  to  the  operation  of certified
     2    family care homes, including  family  care
     3    homes  sponsored by voluntary not-for-pro-
     4    fit  agencies,  moneys from this appropri-
     5    ation may be used for payments to purchase
     6    general services including but not limited
     7    to respite providers, up to a maximum of 5
     8    days, at rates to be  established  by  the
     9    commissioner  and approved by the director
    10    of the budget in consideration of  factors
    11    including,  but not limited to, geographic
    12    area and number of clients  cared  for  in
    13    the  home  and  for  payment  in an amount
    14    determined by  the  commissioner  for  the
    15    personal  needs of each client residing in
    16    the family care home.
    17  Notwithstanding the provisions  of  subdivi-
    18    sion  12 of section 8 of the state finance
    19    law and any other  inconsistent  provision
    20    of law, moneys from this appropriation may
    21    be  used for expenses of family care homes
    22    including payments to operators of  certi-
    23    fied  family care homes for damages caused
    24    by clients to personal and  real  property
    25    in  accordance  with standards established
    26    by the commissioner and  approved  by  the
    27    director of the budget.
    28  Notwithstanding  any  inconsistent provision
    29    of law, moneys from this appropriation may
    30    be  used  for  appropriate   day   program
    31    services  and residential services includ-
    32    ing, but not limited  to,  direct  housing
    33    subsidies    to    individuals,   start-up
    34    expenses for family care providers,  envi-
    35    ronmental modifications, adaptive technol-
    36    ogies,   appraisals,   property   options,
    37    feasibility  studies  and   preoperational
    38    expenses.
    39  Notwithstanding  any  inconsistent provision
    40    of law except pursuant to a chapter of the
    41    laws of 2021  authorizing  a  5.4  percent
    42    cost  of living adjustment, for the period
    43    commencing on April  1,  2022  and  ending
    44    March  31, 2023 the commissioner shall not
    45    apply any other cost of living  adjustment
    46    for  the  purpose of establishing rates of
    47    payments, contracts or any other  form  of
    48    reimbursement.
    49  Notwithstanding  section  6908 of the educa-
    50    tion law and any other provision  of  law,
    51    rule or regulation to the contrary, direct
    52    support  staff  in  programs  certified or
    53    approved by the  office  for  people  with
    54    developmental  disabilities, including the
    55    home and community based  services  waiver
    56    programs  that  the office for people with

        S. 6440                            15
 
     1    developmental disabilities  is  authorized
     2    to administer with federal approval pursu-
     3    ant  to subdivision (c) of section 1915 of
     4    the   federal  social  security  act,  are
     5    authorized to provide such  tasks  as  the
     6    office for people with developmental disa-
     7    bilities  may specify when performed under
     8    the  supervision,  training  and  periodic
     9    inspection  of  a  registered professional
    10    nurse and in accordance with an authorized
    11    practitioner's ordered care.
    12  Notwithstanding any other provision  of  law
    13    to   the  contrary,  and  consistent  with
    14    section 33.07 of the mental  hygiene  law,
    15    the  directors  of facilities licensed but
    16    not operated by the office for people with
    17    developmental  disabilities  who  act   as
    18    federally-appointed  representative payees
    19    and who assume  management  responsibility
    20    over  the funds of a resident may continue
    21    to use such funds  for  the  cost  of  the
    22    resident's  care and treatment, consistent
    23    with federal law and regulations.
    24  For services and expenses related to provid-
    25    ing health care and mental hygiene  worker
    26    bonuses.
    27  Funds appropriated herein shall be available
    28    in accordance with the following:
    29  Notwithstanding  any  other provision of law
    30    to the contrary, funds appropriated herein
    31    are available to reimburse in- and out-of-
    32    state private residential schools,  pursu-
    33    ant  to subdivision (c) of section 13.37-a
    34    and subdivision (g) of  section  13.38  of
    35    the  mental  hygiene  law,  for  costs  of
    36    supporting the residential and day program
    37    services available to individuals who  are
    38    over  the age of 21 years of age, provided
    39    that  the  amount  paid  for   residential
    40    services  and/or  maintenance costs is net
    41    of any supplemental security income  bene-
    42    fit  to  which  the  individual  receiving
    43    services is eligible, and provided further
    44    that funding for  nonresidential  services
    45    will  be  in  an  amount not to exceed the
    46    maximum reimbursement for appropriate  day
    47    services   delivered  by  the  office  for
    48    people  with  developmental   disabilities
    49    certified or approved providers other than
    50    in-  and  out-of-state private residential
    51    schools, unless  otherwise  authorized  by
    52    the director of the budget.
    53  Notwithstanding  section  163  of  the state
    54    finance law, section 142 of  the  economic
    55    development  law,  and  article  41 of the
    56    mental hygiene law,  the  commissioner  of

        S. 6440                            16
 
     1    the  office  for people with developmental
     2    disabilities may make the funds  appropri-
     3    ated herein available as state aid, a loan
     4    or  a  grant, pursuant to terms and condi-
     5    tions established by the  commissioner  of
     6    the  office  for people with developmental
     7    disabilities, to cover a  portion  of  the
     8    development   costs   of  private,  public
     9    and/or non-profit organizations, including
    10    corporations and partnerships  established
    11    pursuant  to  the  private housing finance
    12    law and/or any other statutory provisions,
    13    for supportive  housing  units  that  have
    14    been set aside for individuals with intel-
    15    lectual  and  developmental  disabilities.
    16    Further, the office for people with devel-
    17    opmental disabilities shall have a lien on
    18    the  real  property  developed  with  such
    19    state aid, loans or grants, which shall be
    20    in  the amount of the loan or grant, for a
    21    maximum term of 30 years, or other  longer
    22    term  consistent  with the requirements of
    23    another regulatory agency.
    24  For services and  expenses  related  to  the
    25    provision   of   residential  services  to
    26    people  with  developmental   disabilities
    27    (37802) ...................... [14,427,000]   17,823,000
    28  For  services  and  expenses  related to the
    29    provision  of  day  program  services   to
    30    people   with  developmental  disabilities
    31    (37803) ....................... [3,247,000]    4,011,000
    32  For services and  expenses  related  to  the
    33    provision  of  family  support services to
    34    people  with  developmental   disabilities
    35    (37804) ....................... [4,533,000]    5,601,000
    36  For  services  and  expenses  related to the
    37    provision of workshop,  day  training  and
    38    employment  services to people with devel-
    39    opmental disabilities. Notwithstanding any
    40    other provision of law, up to $800,000  of
    41    this  appropriation  may be transferred to
    42    the New York State Education  Departments'
    43    Adult   Career  and  Continuing  Education
    44    Services   -   Vocational   Rehabilitation
    45    (ACCES-VR)  program  to  support the Long-
    46    Term Sheltered Employment program operated
    47    by FEDCAP  Rehabilitation  Services,  Inc.
    48    (37805) ....................... [2,616,000]    3,232,000
    49  For  other services and expenses provided to
    50    people  with  developmental   disabilities
    51    including  but not limited to hepatitis B,
    52    care at home  waiver,  epilepsy  services,
    53    Special Olympics New York, Inc. and volun-
    54    tary fingerprinting (37806) ..... [616,000]      760,000
    55                                --------------

        S. 6440                            17
 
     1    §  12.  The  amounts  specified in this section, or so much thereof as
     2  shall be sufficient to accomplish the  purposes  designated,  is  hereby
     3  appropriated  and  authorized to be paid as hereinafter provided, to the
     4  public officers and for the purposes specified, which  amount  shall  be
     5  available for the state fiscal year beginning April 1, 2023.
 
     6                        DEPARTMENT OF TRANSPORTATION
 
     7                              AID TO LOCALITIES
 
     8  METROPOLITAN TRANSPORTATION AUTHORITY SUPPORT PROGRAM ....... 12,752,000
     9                                                            --------------
 
    10    Special Revenue Funds - Other
    11    Metropolitan  Transportation Authority Financial Assist-
    12      ance Fund
    13    New York Central Business District Trust Fund - 23653
 
    14  To the metropolitan transportation authority
    15    pursuant to section  99-ff  of  the  state
    16    finance  law  for  deposit  in the central
    17    business district tolling capital  lockbox
    18    established  pursuant  to section 553-j of
    19    the public authorities law (54298) .......... 12,752,000
    20                                              --------------
 
    21    § 13. No expenditure may be made from any appropriation in  this  act,
    22  until  a  certificate of approval has been issued by the director of the
    23  budget and a copy of such certificate shall have  been  filed  with  the
    24  state  comptroller, the chairman of the senate finance committee and the
    25  chairman of the assembly ways and  means  committee  provided,  however,
    26  that  any  expenditures  from  any appropriation in this act made by the
    27  legislature or judiciary shall not require such certificate.
 
    28    § 14. All expenditures and disbursements made  against  the  appropri-
    29  ations in this act shall, upon final action by the legislature on appro-
    30  priation  bills submitted by the governor pursuant to article VII of the
    31  state constitution for the support of government for  the  state  fiscal
    32  year  beginning  April  1,  2023,  be  transferred by the comptroller as
    33  expenditures and disbursements to  such  appropriations  for  all  state
    34  departments and agencies, as applicable, in amounts equal to the amounts
    35  charged against the appropriations in this act for each such department,
    36  agency, and the legislature and the judiciary.
 
    37    §  15. Severability clause. If any clause, sentence, paragraph, subdi-
    38  vision, section or part of this act shall be adjudged by  any  court  of
    39  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    40  impair, or invalidate the remainder thereof, but shall  be  confined  in
    41  its  operation  to the clause, sentence, paragraph, subdivision, section
    42  or part thereof directly involved in the controversy in which such judg-
    43  ment shall have been rendered. It is hereby declared to be the intent of
    44  the legislature that this act would  have  been  enacted  even  if  such
    45  invalid provisions had not been included herein.
 
    46    §  16.  This  act shall take effect immediately and shall be deemed to
    47  have been in full force and effect on and after April 1, 2023; provided,

        S. 6440                            18
 
     1  however, that upon the transfer of expenditures and disbursements by the
     2  comptroller as provided in section fourteen of this act,  the  appropri-
     3  ations  made  by  this  act  and subject to such section shall be deemed
     4  repealed.
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