LBD12021-01-1
S. 6081 2
the legislature, including payments to the
members of the senate and assembly under
sections 5 and 5-a of the legislative law;
and payments for services performed by
mentally ill or developmentally disabled
persons who are employed in state-operated
special employment, work-for-pay or shel-
tered workshop programs .................... 471,000,000
--------------
§ 3. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purpose specified, which amount shall be available
for the state fiscal year beginning April 1, 2021.
ALL STATE DEPARTMENTS AND AGENCIES
For the purpose of state agencies making
payments for fringe benefit and indirect
cost assessments incurred against personal
service liabilities prior to April 1,
2021, and during the period April 1
through April 8, 2021 ....................... 65,000,000
--------------
§ 4. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purpose specified, which amount shall be available
for the state fiscal year beginning April 1, 2021.
ALL STATE DEPARTMENTS AND AGENCIES
For the payment of state operations nonper-
sonal service liabilities to the executive
branch, including the comptroller, the
attorney general, and the legislature,
incurred in the ordinary course of busi-
ness, during the period April 1 through
April 8, 2021, pursuant to existing state
law and for purposes for which the legis-
lature authorized the expenditure of
moneys during the 2020-2021 state fiscal
year; provided, however, that nothing
contained herein shall be deemed to limit
or restrict the power or authority of
state departments or agencies to conduct
their activities or operations in accord-
ance with existing law, and further
provided that nothing contained herein
shall be deemed to supersede, nullify or
modify the provisions of section 40 of the
state finance law prescribing when appro-
priations made for the 2020-2021 state
S. 6081 3
fiscal year shall have ceased to have
force and effect ............................ 22,000,000
--------------
§ 5. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purpose specified, which amount shall be available
for the state fiscal year beginning April 1, 2021.
ALL STATE DEPARTMENTS AND AGENCIES
The sum of thirty seven million dollars
($37,000,000), or so much thereof as shall
be sufficient to accomplish the purpose
designated, is hereby appropriated for
contracts approved in accordance with
section 112 of the state finance law for
purposes for which the legislature author-
ized the expenditures of money during the
2020-2021 fiscal year. An amount up to
thirty seven million dollars ($37,000,000)
shall be available for the payment of
capital projects liabilities incurred
during the period from April 1 through
April 8, 2021 for contracts approved prior
to April 1, 2021, provided, however, that
nothing contained herein shall be deemed
to limit or restrict the power or authori-
ty of state departments or agencies to
conduct their activities or operations in
accordance with existing law, and further
provided that nothing contained herein
shall be deemed to supersede, nullify, or
modify the provisions of section 40 of the
state finance law prescribing when appro-
priations made for the 2020-2021 fiscal
year shall have ceased to have force and
effect ...................................... 37,000,000
--------------
§ 6. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purpose specified, which amount shall be available
for the state fiscal year beginning April 1, 2021.
ALL STATE DEPARTMENTS AND AGENCIES
The sum of three million dollars
($3,000,000), or so much thereof as shall
be sufficient to accomplish the purpose
designated, is hereby appropriated for
contracts approved in accordance with
section 112 of the state finance law for
purposes for which the legislature author-
S. 6081 4
ized the expenditures of money during the
2020-2021 fiscal year. An amount up to
three million dollars ($3,000,000) shall
be available for the payment of capital
projects liabilities incurred during the
period from April 1 through April 8, 2021
for contracts approved after April 1,
2021, provided, however, that nothing
contained herein shall be deemed to limit
or restrict the power or authority of
state departments or agencies to conduct
their activities or operations in accord-
ance with existing law, and further
provided that nothing contained herein
shall be deemed to supersede, nullify, or
modify the provisions of section 40 of the
state finance law prescribing when appro-
priations made for the 2020-2021 fiscal
year shall have ceased to have force and
effect ....................................... 3,000,000
--------------
§ 7. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2021.
THE JUDICIARY
For the payment of state operations nonper-
sonal service liabilities, the sum of
thirty-five million ($35,000,000), or so
much thereof as shall be sufficient to
accomplish the purpose designated, is
hereby appropriated to the judiciary out
of any moneys in the general fund or other
funds to the credit of the state purposes
account not otherwise appropriated. The
comptroller is hereby authorized and
directed to utilize this appropriation for
the purpose of making payments for non-
personal service liabilities incurred by
the judiciary from April 1 through April
8, 2021 ..................................... 35,000,000
For the payment of aid to localities liabil-
ities, the sum of one hundred thousand
dollars ($100,000), or so much thereof as
shall be sufficient to accomplish the
purpose designated, is hereby appropriated
to the judiciary out of any moneys in the
general fund or other funds to the credit
of the state purposes account not other-
wise appropriated. The comptroller is
hereby authorized and directed to utilize
S. 6081 5
this appropriation for the purpose of
making payments for aid to localities
liabilities incurred by the judiciary from
April 1 through April 8, 2021 .................. 100,000
For suballocation to the office of indigent
legal services, at the direction of the
chief administrator of the courts, for
payment pursuant to law to New York city,
pursuant to an agreement with such city,
for services and expenses related to
implementation of caseload standards for
institutional providers representing indi-
gent clients in criminal cases in such
city. Notwithstanding any other provision
of law, monies received by the office of
indigent legal services pursuant to this
suballocation may be distributed to New
York city only to the extent necessary to
enable compliance with section 127.7 of
the rules of the chief administrator of
the court (22 NYCRR § 127.7).
Criminal Caseload Reduction program ........... 47,000,000
For the payment of employee fringe benefit
programs including, but not limited to,
the judiciary's contributions to the
health insurance fund, the employees'
retirement system pension accumulation
fund, the social security contribution
fund, employee benefit fund programs, the
dental insurance plan, the vision care
plan, the unemployment insurance fund, and
for workers' compensation benefits, the
sum of five million dollars ($5,000,000),
or so much thereof as shall be sufficient
to accomplish the purpose designated, is
hereby appropriated to the judiciary out
of any moneys in the general fund or other
funds to the credit of the state purposes
account not otherwise appropriated. The
comptroller is hereby authorized and
directed to utilize this appropriation for
the purpose of making payments for employ-
ee fringe benefit liabilities incurred by
the judiciary from April 1 through April
8, 2021 ...................................... 5,000,000
--------------
§ 8. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purposes designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purposes specified, which amount shall be available
for the state fiscal year beginning April 1, 2021.
MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
GENERAL STATE CHARGES
S. 6081 6
STATE OPERATIONS
GENERAL STATE CHARGES ...................................... 600,350,000
--------------
General Fund
State Purposes Account - 10050
For employee fringe benefits according to
the following project schedule including
those benefits which are related to
employees paid from funds, accounts, or
programs where the division of the budget
has issued waivers ......................... 570,300,000
PROJECT SCHEDULE
PROJECT AMOUNT
--------------------------------------------
For the state's contribution
to the health insurance
fund. The state's share of
the health insurance program
dividends shall be available
to pay for the premiums in
2021-22 ...................... 400,000,000
For the state's contribution
to the social security
contribution fund ............. 75,000,000
For payments to the state
insurance fund for workers'
compensation benefits and
other related workers'
compensation costs prior to
or after they become
incurred including but not
limited to the benefits
defined in chapters 302 and
303 of the laws of 1985 ....... 50,500,000
For the state's contribution
to employee benefit fund
programs ...................... 35,000,000
For the state's contribution
to the dental insurance plan ... 6,000,000
For reimbursement to the unem-
ployment insurance fund for
payments made to claimants
formerly employed by the
state of New York .............. 2,000,000
For the state's contribution
to the vision care plan ........ 1,000,000
For the state's share of
contributions to the volun-
tary defined contribution
plan made on behalf of
eligible employees pursuant
to chapter 18 of the laws of
S. 6081 7
2012 who elect to partic-
ipate in such plan and who
are not otherwise eligible
to participate in the SUNY
optional retirement program ...... 500,000
For payments for the income
protection plans of current
and prior years .................. 300,000
--------------
Project schedule total ................... 570,300,000
--------------
For judgments against the state pursuant to
section 20 of the court of claims act and
for judgments pursuant to actions brought
in the court of claims against public
benefit corporations indemnified by the
state, exclusive of the payment of any
judgments arising out of actions or
proceedings brought to obtain payment for
wages, salaries or other employee bene-
fits. The moneys hereby appropriated are
available for payment of any liabilities
or obligations incurred prior to April 1,
2021 in addition to current liabilities ..... 25,000,000
For the payment of the defense by private
counsel and the indemnification or payment
on behalf of state officers and employees
in civil judicial proceedings in accord-
ance with the provisions of section 17 of
the public officers law; the payment on
behalf of the state, exclusive of the
payment for wages, salaries or other
employee benefits, in civil judicial
proceedings where a state officer or
employee entitled to a defense in accord-
ance with section 17 of the public offi-
cers law was dismissed from the civil
judicial proceeding; the payment on behalf
of the state, exclusive of the payment for
wages, salaries or other employment bene-
fits, and in civil judicial proceedings
brought pursuant to Title VI of the Civil
Rights Act of 1964, 42 USC § 2000d et
seq., Title VII of the Civil Rights Act of
1964, 42 USC § 2000e et seq., Title IX of
the Education Amendments of 1972, 20 USC §
1681 et seq., Titles II, III, and/or V of
the Americans With Disabilities Act of
1990, 42 USC § 12101 et seq., of the Reha-
bilitation Act of 1973, 29 USC § 791 et
seq., the state human rights law and other
employment related causes of action; and
in criminal proceedings in accordance with
the provisions of section 19 of the public
officers law. The moneys hereby appropri-
S. 6081 8
ated are available for payment of any
liabilities or obligations incurred prior
to April 1, 2021 in addition to current
liabilities .................................. 3,000,000
For the payment of the metropolitan commuter
transportation mobility tax pursuant to
article 23 of the tax law as added by
chapter 25 of the laws of 2009 on behalf
of the state employees employed in the
metropolitan commuter transportation
district ..................................... 1,300,000
For assessments for local improvements. The
moneys hereby appropriated are available
for payment of any liabilities or obli-
gations incurred prior to April 1, 2021 in
addition to current liabilities ................ 500,000
For payment of claims for damage to personal
or real property or for bodily injuries or
wrongful death caused by officers, employ-
ees, or other authorized persons providing
service to state government while provid-
ing such service, and the state university
construction fund while acting within the
scope of their employment, and while oper-
ating motor vehicles, and for any individ-
uals operating motor vehicles which are
assigned on a permanent basis with unre-
stricted use to state officers and employ-
ees when the person is permanently
assigned the motor vehicle ..................... 250,000
--------------
Total amount available ................... 600,350,000
==============
§ 9. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2021.
DEPARTMENT OF FAMILY ASSISTANCE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
AID TO LOCALITIES
EMPLOYMENT AND INCOME SUPPORT PROGRAM ...................... 212,916,000
--------------
General Fund
Local Assistance Account - 10000
For state reimbursement of the safety net
assistance program as established pursuant
to chapter 436 of the laws of 1997.
S. 6081 9
Notwithstanding section 153 of the social
services law or any other inconsistent
provision of law, funds appropriated here-
in shall reimburse 29 percent of safety
net assistance expenditures, including the
cost of providing shelter supplements for
safety net assistance households at local
option, including eligible households
containing a household member who has been
released from prison, in order to prevent
eviction and address homelessness in
accordance with social services district
plans approved by the office of temporary
and disability assistance and the director
of the budget, provided, however, that in
social services districts with a popu-
lation over five million no shelter
supplements other than those to prevent
eviction shall be reimbursed unless such
social services district has agreed to
offset claims for other eligible public
assistance expenditures in an amount
commensurate with the cost of any such
supplements, and further provided that
such supplements shall not be part of the
standard of need pursuant to section 131-a
of the social services law. Funds appro-
priated herein shall also reimburse 29
percent of safety net assistance expendi-
tures, in social services districts with a
population over five million, for emergen-
cy shelter, transportation, or nutrition
payments which the district determines are
necessary to establish or maintain inde-
pendent living arrangements among persons
living with medically diagnosed HIV
infection as defined by the AIDS institute
of the state department of health and who
are homeless or facing homelessness and
for whom no viable and less costly alter-
native to housing is available; provided,
however, that funds appropriated herein
may only be used for such purposes if the
cost of such allowances are not eligible
for reimbursement under medical assistance
or other programs.
Funds appropriated herein shall reimburse 29
percent of safety net assistance expendi-
tures, in social services districts with a
population of five million or fewer, for
emergency shelter payments promulgated by
the office of temporary and disability
assistance which the district determines
are necessary to establish or maintain
independent living arrangements among
persons living with medically diagnosed
S. 6081 10
HIV infection as defined by the AIDS
institute of the state department of
health and who are homeless or facing
homelessness and for whom no viable and
less costly alternative to housing is
available; provided, however, that funds
appropriated herein may only be used for
such purposes if the cost of such allow-
ances are not eligible for reimbursement
under medical assistance or other
programs.
Funds appropriated herein shall reimburse 29
percent of safety net assistance expendi-
tures, in social services districts with a
population of five million or fewer, for
emergency shelter payments in excess of
those promulgated by the office of tempo-
rary and disability assistance but not
exceeding an amount reasonably approximate
to 100 percent of fair market rent, at
local option which the district determines
are necessary to establish or maintain
independent living arrangements among
persons living with medically diagnosed
HIV infection as defined by the AIDS
institute of the State department of
health and who are homeless or facing
homelessness and for whom no viable and
less costly alternative to housing is
available; provided, however, that funds
appropriated herein may only be used for
such purposes if the cost of such allow-
ances are not eligible for reimbursement
under medical assistance or other
programs. Such emergency shelter payments
shall only be made at local option and in
accordance with a plan approved by the
office of temporary and disability assist-
ance and the director of the budget.
Provided, however, notwithstanding section
153 of the social services law or any
other inconsistent provision of law, if
necessary funding, as determined by the
director of the budget, is secured in a
social services district from the medical
assistance program by reducing the capita-
tion rates paid to medicaid managed care
organizations by the amount of savings
resulting from stably housing individuals
living with medically diagnosed HIV
infection as defined by the AIDS institute
of the state department of health, the
social services district shall make such
emergency shelter payments in excess of
those promulgated by the office of tempo-
rary and disability assistance but not
S. 6081 11
exceeding an amount reasonably approximate
to 100 percent of fair market rent, and
the savings shall be used to reimburse 100
percent of the cost of such excess emer-
gency shelter payments for cases reim-
bursed under the safety net assistance or
family assistance programs in social
services districts with a population of
five million or fewer, in accordance with
a plan approved by the office of temporary
and disability assistance and the director
of the budget; provided further that
reimbursement shall be provided to medi-
caid managed care organizations through
adjustments to capitation rates should
actual gross savings not be realized as
determined by the director of the budget.
For persons living with medically diagnosed
HIV infection as defined by the AIDS
institute of the state department of
health living in social service districts
with a population over five million who
are receiving public assistance, funds
appropriated herein shall be used to reim-
burse 29 percent of the additional rental
costs determined based on limiting such
person's earned and/or unearned income
contribution to 30 percent.
For persons living with medically diagnosed
HIV infection as defined by the AIDS
institute of the state department of
health living in social services districts
with a population of five million or fewer
who are receiving public assistance, funds
appropriated herein may be used to reim-
burse up to 100 percent of the additional
rental costs determined based on limiting
such person's earned and/or unearned
income contribution to 30 percent. Such
payments of additional rental costs shall
only be made at local option and in
accordance with a plan approved by the
office of temporary and disability assist-
ance and the director of the budget.
Provided, however, notwithstanding section
153 of the social services law or any
other inconsistent provision of law, if
necessary funding, as determined by the
director of the budget, is secured in a
social services district from the medical
assistance program by reducing the capita-
tion rates paid to medicaid managed care
organizations by the amount of savings
resulting from stably housing individuals
living with medically diagnosed HIV
infection as defined by the AIDS institute
S. 6081 12
of the state department of health, the
social services district shall make such
payments of additional rental costs, for
cases reimbursed under the safety net
assistance and family assistance program,
and the savings shall be used to reimburse
100 percent of the cost of the additional
rental costs determined based on limiting
such person's earned and/or unearned
income contribution to 30 percent in
social services districts with a popu-
lation of five million or fewer, in
accordance with a plan approved by the
office of temporary and disability assist-
ance and the director of the budget;
provided further that reimbursement shall
be provided to medicaid managed care
organizations through adjustments to capi-
tation rates should actual gross savings
not be realized as determined by the
director of the budget.
Amounts appropriated herein may be used to
enter into contracts with persons or enti-
ties authorized pursuant to subdivision
(i) of section 17 of the social services
law consistent with federal law and
requirements. Such contracts will be
consistent with subdivision (i) of section
17 of the social services law. Notwith-
standing section 153 of the social
services law or any other inconsistent
provision of law, the office may reduce
reimbursement otherwise payable to social
services districts to recover 29 percent
of costs incurred by the office for
expenditures related to subdivision (i) of
section 17 of the social services law.
Such funds are to be available for payment
of aid heretofore accrued or hereafter to
accrue to municipalities. Subject to the
approval of the director of the budget,
such funds shall be available to the
office of temporary and disability assist-
ance net of disallowances, refunds,
reimbursements, and credits, including
those related to title IV-E of the social
security act; and including, but not
limited to, additional federal funds
resulting from any changes in federal cost
allocation methodologies.
Notwithstanding any inconsistent provision
of law, the amount herein appropriated may
be increased or decreased by interchange
with any other appropriation within the
office of temporary and disability assist-
ance general fund - local assistance
S. 6081 13
account with the approval of the director
of the budget, who shall file such
approval with the department of audit and
control and copies thereof with the chair-
man of the senate finance committee and
the chairman of the assembly ways and
means committee.
Social services districts shall be required
to report to the office of temporary and
disability assistance on an annual basis,
information, as determined and requested
by the office, related to services and
expenditures for which reimbursement is
sought for providing temporary housing
assistance to homeless individuals and
families. Such information shall be
submitted electronically to the extent
feasible as determined by the office, and
shall be used to evaluate expenditures by
such social services districts for the
provision of temporary housing assistance
for homeless individuals and families.
Notwithstanding section 153 of the social
services law, or any other inconsistent
provision of law, the office of temporary
and disability assistance may withhold or
deny reimbursement, in whole or in part,
to any social services district that fails
to develop or submit a homeless services
plan subject to the approval of the office
of temporary and disability assistance,
fails to provide homeless services and
outreach in accordance with its approved
homeless services plan, or fails to devel-
op or submit homeless services outcome
reports, consistent with those require-
ments promulgated by the office of tempo-
rary and disability assistance.
Notwithstanding section 153 of the social
services law, or any other inconsistent
provision of law, such appropriation shall
be available for reimbursement of eligible
costs incurred on or after January 1, 2021
and before January 1, 2022, that are
otherwise reimbursable by the state on or
after April 1, 2021, that are claimed by
March 1, 2022. Such reimbursement shall
constitute total state reimbursement for
activities funded herein in state fiscal
year 2021-22 (52203) ........................ 46,250,000
For expenditures for additional state
payments for eligible aged, blind, and
disabled persons related to supplemental
security income and for expenditures made
pursuant to title 8 of article 5 of the
social services law. Such funds are avail-
S. 6081 14
able for payment of aid heretofore accrued
or hereafter to accrue. Notwithstanding
any inconsistent provision of law, the
amount herein appropriated may be
increased or decreased by interchange with
any other appropriation within the office
of temporary and disability assistance
general fund - local assistance account
with the approval of the director of the
budget, who shall file such approval with
the department of audit and control and
copies thereof with the chairman of the
senate finance committee and the chairman
of the assembly ways and means committee
(52311) ..................................... 58,333,000
--------------
Program account subtotal ................. 104,583,000
--------------
Special Revenue Funds - Federal
Federal Health and Human Services Fund
Temporary Assistance for Needy Families Account - 25178
For reimbursement of the cost of the family
assistance and the emergency assistance to
families programs. Notwithstanding section
153 of the social services law or any
inconsistent provision of law, funds
appropriated herein shall be provided
without state or local participation
except that for social services districts
with a population of five million or more,
reimbursement will be eighty-five percent.
Funds appropriated herein shall also
include the cost of providing shelter
supplements for family assistance house-
holds at local option, including eligible
households containing a household member
who has been released from prison, in
order to prevent eviction and address
homelessness in accordance with social
services district plans approved by the
office of temporary and disability assist-
ance and the director of the budget,
provided, however, that in social services
districts with a population over five
million no shelter supplements other than
those to prevent eviction shall be reim-
bursed unless such social services
district has agreed to offset claims for
other eligible public assistance expendi-
tures in an amount commensurate with the
cost of any such supplement, and further
provided that such supplements shall not
be part of the standard of need pursuant
S. 6081 15
to section 131-a of the social services
law.
Funds appropriated herein shall also reim-
burse for family assistance expenditures
for emergency shelter, transportation, or
nutrition payments which the district
determines are necessary to establish or
maintain independent living arrangements
among persons living with medically diag-
nosed HIV infection as defined by the AIDS
institute of the State department of
health and who are homeless or facing
homelessness and for whom no viable and
less costly alternative to housing is
available; provided, however, that funds
appropriated herein may only be used for
such purposes if the cost of such allow-
ances are not eligible for reimbursement
under medical assistance or other
programs.
For persons living with medically diagnosed
HIV infection as defined by the AIDS
institute of the state department of
health who are receiving public assistance
funds appropriated herein shall not be
used to reimburse the additional rental
costs determined based on limiting such
person's earned and/or unearned income
contribution to 30 percent.
Amounts appropriated herein may be used to
enter into contracts with persons or enti-
ties authorized pursuant to subdivision
(i) of section 17 of the social services
law consistent with federal law and
requirements. Such contracts will be made
consistent with subdivision (i) of section
17 of the social services law. Notwith-
standing section 153 of the social
services law or any other inconsistent
provision of law, the office may reduce
reimbursement otherwise payable to social
services districts to recover the federal
share of costs incurred by the office for
expenditures related to subdivision (i) of
section 17 of the social services law.
Such funds are to be available for payment
of aid heretofore accrued or hereafter to
accrue to municipalities. Subject to the
approval of the director of the budget,
such funds shall be available to the
office of temporary and disability assist-
ance net of disallowances, refunds,
reimbursements, and credits including, but
not limited to, additional federal funds
resulting from any changes in federal cost
allocation methodologies.
S. 6081 16
Notwithstanding any inconsistent provision
of law, the amount herein appropriated may
be increased or decreased by interchange
with any other appropriation within the
office of temporary and disability assist-
ance federal fund - local assistance
account with the approval of the director
of the budget, who shall file such
approval with the department of audit and
control and copies thereof with the chair-
man of the senate finance committee and
the chairman of the assembly ways and
means committee.
Social services districts shall be required
to report to the office of temporary and
disability assistance on an annual basis,
information, as determined and requested
by the office, related to services and
expenditures for which reimbursement is
sought for providing temporary housing
assistance to homeless individuals and
families. Such information shall be
submitted electronically to the extent
feasible as determined by the office, and
shall be used to evaluate expenditures by
such social services districts for the
provision of temporary housing assistance
for homeless individuals and families.
Notwithstanding section 153 of the social
services law, or any other inconsistent
provision of law, the office of temporary
and disability assistance may withhold or
deny reimbursement, in whole or in part,
to any social services district that fails
to develop or submit a homeless services
plan subject to the approval of the office
of temporary and disability assistance,
fails to provide homeless services and
outreach in accordance with its approved
homeless services plan, or fails to devel-
op or submit homeless services outcome
reports, consistent with those require-
ments promulgated by the office of tempo-
rary and disability assistance.
Notwithstanding section 153 of the social
services law, or any other inconsistent
provision of law, such appropriation shall
be available for reimbursement of eligible
costs incurred on or after January 1, 2021
and before January 1, 2022, that are
otherwise reimbursable by the state on or
after April 1, 2021, that are claimed by
March 1, 2022. Such reimbursement shall
constitute total federal reimbursement for
activities funded herein in state fiscal
year 2021-22 (52203) ...................... 108,333,000
S. 6081 17
--------------
Program account subtotal ................. 108,333,000
--------------
§ 10. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2021.
DEPARTMENT OF HEALTH
AID TO LOCALITIES
CENTER FOR COMMUNITY HEALTH PROGRAM ......................... 19,200,000
--------------
General Fund
Local Assistance Account - 10000
For services and expenses related to the
Indian health program. The moneys hereby
appropriated shall be for payment of
financial assistance heretofore accrued or
hereafter to accrue (26840) .................. 3,200,000
--------------
Program account subtotal ................... 3,200,000
--------------
Special Revenue Funds - Federal
Federal USDA-Food and Nutrition Services Fund
Federal Food and Nutrition Services Account - 25022
For various federal food and nutritional
services. The moneys hereby appropriated
shall be available for payment of finan-
cial assistance heretofore accrued (26986) .. 16,000,000
--------------
Program account subtotal .................. 16,000,000
--------------
§ 11. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2021.
JUSTICE CENTER FOR THE PROTECTION
OF PEOPLE WITH SPECIAL NEEDS
AID TO LOCALITIES
COMMUNITY SUPPORT PROGRAMS ..................................... 105,000
--------------
Special Revenue Funds - Other
S. 6081 18
Miscellaneous Special Revenue Fund
Federal Salary Sharing Account - 22056
Notwithstanding any other provision of law,
the money hereby appropriated may be
increased or decreased by interchange,
with any appropriation of the justice
center for the protection of people with
special needs, and may be increased or
decreased by transfer or suballocation
between these appropriated amounts and
appropriations of the commission on quali-
ty of care and advocacy for persons with
disabilities, office of mental health,
office for people with developmental disa-
bilities, office of addiction services and
supports, department of health, and the
office of children and family services
with the approval of the director of the
budget who shall file such approval with
the department of audit and control and
copies thereof with the chairman of the
senate finance committee and the chairman
of the assembly ways and means committee.
For surrogate decision-making committee
program contracts with local service
providers (48926) .............................. 105,000
--------------
§ 12. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2021.
DEPARTMENT OF LABOR
AID TO LOCALITIES
UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ................... 5,000,000,000
--------------
Enterprise Funds
Unemployment Insurance Benefit Fund
Unemployment Insurance Benefit Account - 50650
For payment of unemployment insurance bene-
fits pursuant to article 18 of the labor
law or as authorized by the federal
government through the disaster unemploy-
ment assistance program, the emergency
unemployment compensation program, the
extended benefit program, the federal
additional compensation program or any
other federally funded unemployment bene-
fit program (34787) ...................... 5,000,000,000
S. 6081 19
--------------
§ 13. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2021.
DEPARTMENT OF MENTAL HYGIENE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
AID TO LOCALITIES
COMMUNITY SERVICES PROGRAM .................................. 98,034,000
--------------
General Fund
Local Assistance Account - 10000
For services and expenses of the community
services program, net of disallowances,
for community programs for people with
developmental disabilities pursuant to
article 41 of the mental hygiene law,
and/or chapter 620 of the laws of 1974,
chapter 660 of the laws of 1977, chapter
412 of the laws of 1981, chapter 27 of the
laws of 1987, chapter 729 of the laws of
1989, chapter 329 of the laws of 1993 and
other provisions of the mental hygiene
law. Notwithstanding any inconsistent
provision of law, the following appropri-
ation shall be net of prior and/or current
year refunds, rebates, reimbursements, and
credits.
Notwithstanding any other provision of law,
advances and reimbursement made pursuant
to subdivision (d) of section 41.15 and
section 41.18 of the mental hygiene law
shall be allocated pursuant to a plan and
in a manner prescribed by the agency head
and approved by the director of the budg-
et. The moneys hereby appropriated are
available to reimburse or advance locali-
ties and voluntary non-profit agencies for
expenditures made during local fiscal
periods commencing January 1, 2020, April
1, 2020 or July 1, 2020, and for advances
for the 3 month period beginning January
1, 2021.
Notwithstanding the provisions of article 41
of the mental hygiene law or any other
inconsistent provision of law, rule or
regulation, the commissioner, pursuant to
such contract and in the manner provided
S. 6081 20
therein, may pay all or a portion of the
expenses incurred by such voluntary agen-
cies arising out of loans which are funded
from the proceeds of bonds and notes
issued by the dormitory authority of the
state of New York.
Notwithstanding any other provision of law,
the money hereby appropriated may be
transferred to state operations and/or any
appropriation of the office for people
with developmental disabilities with the
approval of the director of the budget.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for state aid of up to 100 percent
of the net deficit costs of day training
programs and family support services.
Notwithstanding the provisions of section
16.23 of the mental hygiene law and any
other inconsistent provision of law, with
relation to the operation of certified
family care homes, including family care
homes sponsored by voluntary not-for-pro-
fit agencies, moneys from this appropri-
ation may be used for payments to purchase
general services including but not limited
to respite providers, up to a maximum of 7
days, at rates to be established by the
commissioner and approved by the director
of the budget in consideration of factors
including, but not limited to, geographic
area and number of clients cared for in
the home and for payment in an amount
determined by the commissioner for the
personal needs of each client residing in
the family care home.
Notwithstanding the provisions of subdivi-
sion 12 of section 8 of the state finance
law and any other inconsistent provision
of law, moneys from this appropriation may
be used for expenses of family care homes
including payments to operators of certi-
fied family care homes for damages caused
by clients to personal and real property
in accordance with standards established
by the commissioner and approved by the
director of the budget.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for appropriate day program
services and residential services includ-
ing, but not limited to, direct housing
subsidies to individuals, start-up
expenses for family care providers, envi-
ronmental modifications, adaptive technol-
ogies, appraisals, property options,
S. 6081 21
feasibility studies and preoperational
expenses.
Notwithstanding any inconsistent provision
of law, for the period commencing on April
1, 2020 and ending March 31, 2021 the
commissioner shall not apply any cost of
living adjustment for the purpose of
establishing rates of payments, contracts
or any other form of reimbursement.
Notwithstanding section 6908 of the educa-
tion law and any other provision of law,
rule or regulation to the contrary, direct
support staff in programs certified or
approved by the office for people with
developmental disabilities, including the
home and community based services waiver
programs that the office for people with
developmental disabilities is authorized
to administer with federal approval pursu-
ant to subdivision (c) of section 1915 of
the federal social security act, are
authorized to provide such tasks as OPWDD
may specify when performed under the
supervision, training and periodic
inspection of a registered professional
nurse and in accordance with an authorized
practitioner's ordered care.
Funds appropriated herein shall be available
in accordance with the following:
Notwithstanding any inconsistent provision
of law, the director of the budget is
authorized to make suballocations from
this appropriation to the department of
health medical assistance program.
Notwithstanding any inconsistent provision
of law, and pursuant to criteria estab-
lished by the commissioner of the office
for people with developmental disabilities
and approved by the director of the budg-
et, expenditures may be made from this
appropriation for residential facilities
which are pending recertification as
intermediate care facilities for people
with developmental disabilities.
Notwithstanding the provisions of section
41.36 of the mental hygiene law and any
other inconsistent provision of law,
moneys from this appropriation may be used
for payment up to $250 per year per
client, at such times and in such manner
as determined by the commissioner on the
basis of financial need for the personal
needs of each client residing in voluntar-
y-operated community residences and volun-
tary-operated community residential alter-
natives, including individualized
S. 6081 22
residential alternatives under the home
and community based services waiver. The
commissioner shall, subject to the
approval of the director of the budget,
alter existing advance payment schedules
for voluntary-operated community resi-
dences established pursuant to section
41.36 of the mental hygiene law.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for the operation of clinics
licensed pursuant to article 16 of the
mental hygiene law including, but not
limited to, supportive and habilitative
services consistent with the home and
community based services waiver.
For the state share of medical assistance
services expenses incurred by the depart-
ment of health for the provision of
medical assistance services to people with
developmental disabilities (37835) .......... 77,480,000
For services and expenses of the community
services program, net of disallowances,
for community programs for people with
developmental disabilities pursuant to
article 41 of the mental hygiene law,
and/or chapter 620 of the laws of 1974,
chapter 660 of the laws of 1977, chapter
412 of the laws of 1981, chapter 27 of the
laws of 1987, chapter 729 of the laws of
1989, chapter 329 of the laws of 1993 and
other provisions of the mental hygiene
law. Notwithstanding any inconsistent
provision of law, the following appropri-
ation shall be net of prior and/or current
year refunds, rebates, reimbursements, and
credits.
Notwithstanding any other provision of law,
advances and reimbursement made pursuant
to subdivision (d) of section 41.15 and
section 41.18 of the mental hygiene law
shall be allocated pursuant to a plan and
in a manner prescribed by the agency head
and approved by the director of the budg-
et. The moneys hereby appropriated are
available to reimburse or advance locali-
ties and voluntary non-profit agencies for
expenditures made during local fiscal
periods commencing January 1, 2020, April
1, 2020 or July 1, 2020, and for advances
for the 3 month period beginning January
1, 2021.
Notwithstanding the provisions of article 41
of the mental hygiene law or any other
inconsistent provision of law, rule or
regulation, the commissioner, pursuant to
S. 6081 23
such contract and in the manner provided
therein, may pay all or a portion of the
expenses incurred by such voluntary agen-
cies arising out of loans which are funded
from the proceeds of bonds and notes
issued by the dormitory authority of the
state of New York.
Notwithstanding any other provision of law,
the money hereby appropriated may be
transferred to state operations and/or any
appropriation of the office for people
with developmental disabilities with the
approval of the director of the budget.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for state aid of up to 100 percent
of the net deficit costs of day training
programs and family support services.
Notwithstanding the provisions of section
16.23 of the mental hygiene law and any
other inconsistent provision of law, with
relation to the operation of certified
family care homes, including family care
homes sponsored by voluntary not-for-pro-
fit agencies, moneys from this appropri-
ation may be used for payments to purchase
general services including but not limited
to respite providers, up to a maximum of 7
days, at rates to be established by the
commissioner and approved by the director
of the budget in consideration of factors
including, but not limited to, geographic
area and number of clients cared for in
the home and for payment in an amount
determined by the commissioner for the
personal needs of each client residing in
the family care home.
Notwithstanding the provisions of subdivi-
sion 12 of section 8 of the state finance
law and any other inconsistent provision
of law, moneys from this appropriation may
be used for expenses of family care homes
including payments to operators of certi-
fied family care homes for damages caused
by clients to personal and real property
in accordance with standards established
by the commissioner and approved by the
director of the budget.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for appropriate day program
services and residential services includ-
ing, but not limited to, direct housing
subsidies to individuals, start-up
expenses for family care providers, envi-
ronmental modifications, adaptive technol-
S. 6081 24
ogies, appraisals, property options,
feasibility studies and preoperational
expenses.
Notwithstanding any inconsistent provision
of law, for the period commencing on April
1, 2020 and ending March 31, 2021 the
commissioner shall not apply any cost of
living adjustment for the purpose of
establishing rates of payments, contracts
or any other form of reimbursement.
Notwithstanding section 6908 of the educa-
tion law and any other provision of law,
rule or regulation to the contrary, direct
support staff in programs certified or
approved by the office for people with
developmental disabilities, including the
home and community based services waiver
programs that the office for people with
developmental disabilities is authorized
to administer with federal approval pursu-
ant to subdivision (c) of section 1915 of
the federal social security act, are
authorized to provide such tasks as OPWDD
may specify when performed under the
supervision, training and periodic
inspection of a registered professional
nurse and in accordance with an authorized
practitioner's ordered care.
Funds appropriated herein shall be available
in accordance with the following:
Notwithstanding any other provision of law
to the contrary, funds appropriated herein
are available to reimburse in- and out-of-
state private residential schools, pursu-
ant to subdivision (c) of section 13.37-a
and subdivision (g) of section 13.38 of
the mental hygiene law, for costs of
supporting the residential and day program
services available to individuals who are
over the age of 21 years of age, provided
that the amount paid for residential
services and/or maintenance costs is net
of any supplemental security income bene-
fit to which the individual receiving
services is eligible, and provided further
that funding for nonresidential services
will be in an amount not to exceed the
maximum reimbursement for appropriate day
services delivered by the office for
people with developmental disabilities
certified or approved providers other than
in- and out-of-state private residential
schools, unless otherwise authorized by
the director of the budget.
Notwithstanding section 163 of the state
finance law, section 142 of the economic
S. 6081 25
development law, and article 41 of the
mental hygiene law, the commissioner of
the office for people with developmental
disabilities may make the funds appropri-
ated herein available as state aid, a loan
or a grant, pursuant to terms and condi-
tions established by the commissioner of
the office for people with developmental
disabilities, to cover a portion of the
development costs of private, public
and/or non-profit organizations, including
corporations and partnerships established
pursuant to the private housing finance
law and/or any other statutory provisions,
for supportive housing units that have
been set aside for individuals with intel-
lectual and developmental disabilities.
Further, the office for people with devel-
opmental disabilities shall have a lien on
the real property developed with such
state aid, loans or grants, which shall be
in the amount of the loan or grant, for a
maximum term of 30 years, or other longer
term consistent with the requirements of
another regulatory agency.
For services and expenses related to the
provision of residential services to
people with developmental disabilities
(37802) ..................................... 11,659,000
For services and expenses related to the
provision of day program services to
people with developmental disabilities
(37803) ...................................... 2,674,000
For services and expenses related to the
provision of family support services to
people with developmental disabilities
(37804) ...................................... 3,732,000
For services and expenses related to the
provision of workshop, day training and
employment services to people with devel-
opmental disabilities. Notwithstanding any
other provision of law, up to $800,000 of
this appropriation may be transferred to
the New York State Education Departments'
Adult Career and Continuing Education
Services - Vocational Rehabilitation
(ACCES-VR) program to support the Long-
Term Sheltered Employment program operated
by FEDCAP Rehabilitation Services, Inc.
(37805) ...................................... 2,154,000
For other services and expenses provided to
people with developmental disabilities
including but not limited to hepatitis B,
care at home waiver, epilepsy services,
Special Olympics New York, Inc. and volun-
tary fingerprinting (37806) .................... 335,000
S. 6081 26
--------------
§ 14. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2021.
DIVISION OF VETERANS' SERVICES
AID TO LOCALITIES
BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 407,000
--------------
General Fund
Local Assistance Account - 10000
For payment of annuities to blind veterans
and eligible surviving spouses. Up to
$15,000 of this appropriation may be
transferred to state operations for admin-
istrative costs associated with this
program (54606) ................................ 407,000
--------------
§ 15. No expenditure may be made from any appropriation in this act,
until a certificate of approval has been issued by the director of the
budget and a copy of such certificate shall have been filed with the
state comptroller, the chairman of the senate finance committee and the
chairman of the assembly ways and means committee provided, however,
that any expenditures from any appropriation in this act made by the
legislature or judiciary shall not require such certificate.
§ 16. All expenditures and disbursements made against the appropri-
ations in this act shall, upon final action by the legislature on appro-
priation bills submitted by the governor pursuant to article VII of the
state constitution for the support of government for the state fiscal
year beginning April 1, 2021, be transferred by the comptroller as
expenditures and disbursements to such appropriations for all state
departments and agencies, the legislature and the judiciary, as applica-
ble, in amounts equal to the amounts charged against the appropriations
in this act for each such department and agency, the legislature and the
judiciary.
§ 17. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S. 6081 27
§ 18. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021; provided,
however, that upon the transfer of expenditures and disbursements by the
comptroller as provided in section sixteen of this act, the appropri-
ations made by this act and subject to such section shall be deemed
repealed.