LBD12041-01-2
S. 8715 2
work-for-pay or sheltered workshop
programs ................................... 186,000,000
For the purpose of state agencies making
payments for fringe benefits assessments
incurred for personal service liabilities
incurred prior to April 1, 2022, and
during the period April 1 through April 7,
2022 ........................................ 70,000,000
For the purpose of state agencies making
payments for indirect cost assessments
incurred for personal service liabilities
incurred prior to April 1, 2022, and
during the period April 1 through April 7,
2022 ......................................... 4,500,000
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§ 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, 2022.
ALL STATE DEPARTMENTS AND AGENCIES
For the payment of state operations non
personal service liabilities to the execu-
tive branch, including the comptroller,
and the attorney general, incurred in the
ordinary course of business, during the
period April 1 through April 5, 2022,
pursuant to existing state law and for
purposes for which the legislature author-
ized the expenditure of moneys during the
2021-2022 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 accordance with existing
law, and further provided that nothing
contained herein shall be deemed to super-
sede, nullify or modify the provisions of
section 40 of the state finance law
prescribing when appropriations made for
the 2021-2022 state fiscal year shall have
ceased to have force and effect ............. 11,250,000
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§ 4. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2022.
S. 8715 3
MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
GENERAL STATE CHARGES
STATE OPERATIONS
GENERAL STATE CHARGES ...................................... 56,600,000
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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 .......................... 55,300,000
Project Schedule
PROJECT AMOUNT
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For the state's contribution
to employee benefit fund
programs ...................... 35,000,000
For the state's contribution
to the social security
contribution fund ............. 20,000,000
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
2012 who elect to partic-
ipate in such plan and who
are not otherwise eligible
to participate in the SUNY
optional retirement program ...... 300,000
--------------
Project schedule total .... 55,300,000
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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
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§ 5. 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, 2022.
S. 8715 4
DEPARTMENT OF HEALTH
AID TO LOCALITIES
CENTER FOR COMMUNITY HEALTH PROGRAM ......................... 11,200,000
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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
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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) ... 8,000,000
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§ 6. 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, 2022.
DEPARTMENT OF MENTAL HYGIENE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
AID TO LOCALITIES
COMMUNITY SERVICES PROGRAM .................................. 19,909,000
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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
S. 8715 5
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, 2021, April
1, 2021 or July 1, 2021, and for advances
for the 3 month period beginning January
1, 2022.
Notwithstanding the provisions of article 41
of the mental hygiene law or any other
inconsistent provision of law, rule or
regulation, the commissioner, pursuant to
such contract and in the manner provided
therein, may pay all or a portion of the
expenses incurred by such voluntary agen-
cies arising out of loans which are funded
from the proceeds of bonds and notes
issued by the dormitory authority of the
state of New York.
Notwithstanding any other provision of law,
the money hereby appropriated may be
transferred to state operations and/or any
appropriation of the office for people
with developmental disabilities with the
approval of the director of the budget.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for state aid of up to 100 percent
of the net deficit costs of day training
programs and family support services.
Notwithstanding the provisions of section
16.23 of the mental hygiene law and any
other inconsistent provision of law, with
relation to the operation of certified
family care homes, including family care
homes sponsored by voluntary not-for-pro-
fit agencies, moneys from this appropri-
ation may be used for payments to purchase
general services including but not limited
to respite providers, up to a maximum of 5
days, at rates to be established by the
commissioner and approved by the director
of the budget in consideration of factors
including, but not limited to, geographic
area and number of clients cared for in
the home and for payment in an amount
determined by the commissioner for the
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personal needs of each client residing in
the family care home.
Notwithstanding the provisions of subdivi-
sion 12 of section 8 of the state finance
law and any other inconsistent provision
of law, moneys from this appropriation may
be used for expenses of family care homes
including payments to operators of certi-
fied family care homes for damages caused
by clients to personal and real property
in accordance with standards established
by the commissioner and approved by the
director of the budget.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for appropriate day program
services and residential services includ-
ing, but not limited to, direct housing
subsidies to individuals, start-up
expenses for family care providers, envi-
ronmental modifications, adaptive technol-
ogies, appraisals, property options,
feasibility studies and preoperational
expenses.
Notwithstanding any inconsistent provision
of law except pursuant to a chapter of the
laws of 2021 authorizing a 1 percent cost
of living adjustment, for the period
commencing on April 1, 2021 and ending
March 31, 2022 the commissioner shall not
apply any other cost of living adjustment
for the purpose of establishing rates of
payments, contracts or any other form of
reimbursement.
Notwithstanding section 6908 of the educa-
tion law and any other provision of law,
rule or regulation to the contrary, direct
support staff in programs certified or
approved by the office for people with
developmental disabilities, including the
home and community based services waiver
programs that the office for people with
developmental disabilities is authorized
to administer with federal approval pursu-
ant to subdivision (c) of section 1915 of
the federal social security act, are
authorized to provide such tasks as the
office for people with developmental disa-
bilities may specify when performed under
the supervision, training and periodic
inspection of a registered professional
nurse and in accordance with an authorized
practitioner's ordered care.
Notwithstanding any other provision of law
to the contrary, and consistent with
section 33.07 of the mental hygiene law,
S. 8715 7
the directors of facilities licensed but
not operated by the office for people with
developmental disabilities who act as
federally-appointed representative payees
and who assume management responsibility
over the funds of a resident may continue
to use such funds for the cost of the
resident's care and treatment, consistent
with federal law and regulations.
Funds appropriated herein shall be available
in accordance with the following:
Notwithstanding any other provision of law
to the contrary, funds appropriated herein
are available to reimburse in- and out-of-
state private residential schools, pursu-
ant to subdivision (c) of section 13.37-a
and subdivision (g) of section 13.38 of
the mental hygiene law, for costs of
supporting the residential and day program
services available to individuals who are
over the age of 21 years of age, provided
that the amount paid for residential
services and/or maintenance costs is net
of any supplemental security income bene-
fit to which the individual receiving
services is eligible, and provided further
that funding for nonresidential services
will be in an amount not to exceed the
maximum reimbursement for appropriate day
services delivered by the office for
people with developmental disabilities
certified or approved providers other than
in- and out-of-state private residential
schools, unless otherwise authorized by
the director of the budget.
Notwithstanding section 163 of the state
finance law, section 142 of the economic
development law, and article 41 of the
mental hygiene law, the commissioner of
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
S. 8715 8
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) ..................................... 11,014,000
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
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§ 7. 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.
§ 8. 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, 2022, be transferred by the comptroller as
expenditures and disbursements to such appropriations for all state
departments and agencies, as applicable, in amounts equal to the amounts
charged against the appropriations in this act for each such department
and agency.
S. 8715 9
§ 9. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, 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.
§ 10. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022. Provided
however sections three, five, and six of this act shall cease to have
force and effect after April 5, 2022 or upon the transfer of expendi-
tures and disbursements by the comptroller as provided in section eight
of this act, whichever is sooner. Provided further however, sections two
and four of this act shall cease to have force and effect after April 7,
2022 or upon the transfer of expenditures and disbursements by the comp-
troller as provided in section eight of this act, whichever is sooner.
This act shall be deemed repealed after April 7, 2022.
