LBD12032-01-4
S. 8986 2
to state officers and employees of the
executive branch, INCLUDING THE GOVERNOR,
LIEUTENANT GOVERNOR, COMPTROLLER, AND
ATTORNEY GENERAL, AND TO EMPLOYEES OF THE
LEGISLATURE. This appropriation also
includes funding for payment of health
care and mental hygiene bonuses to eligi-
ble state employees, and payments for
services performed by mentally ill or
developmentally disabled persons who are
employed in state-operated special employ-
ment, work-for-pay or sheltered workshop
programs .................... [220,500,000] 475,000,000
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§ 3. Section 3 of chapter 111 of the laws of 2024, relating to making
appropriations for the support of government, as amended by chapter 113
of the laws of 2024, is amended to read as follows:
§ 3. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purpose specified, which amount shall be available
for the state fiscal year beginning April 1, 2024.
ALL STATE DEPARTMENTS AND AGENCIES
For the payment of state operations non
personal service liabilities to the execu-
tive branch, including the comptroller,
and the attorney general, AND LEGISLATURE,
incurred in the ordinary course of busi-
ness, during the period April 1 through
April [8] 11, 2024, pursuant to existing
state law and for purposes for which the
legislature authorized the expenditure of
moneys during the 2023-2024 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 2023-2024 state
fiscal year shall have ceased to have
force and effect .........................
.............................. [20,000,000] 22,000,000
--------------
§ 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
S. 8986 3
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2024.
JUDICIARY
For the purpose of making payments for
personal service, including liabilities
incurred prior to April 1, 2024, on the
payrolls scheduled to be paid during the
period April 1 through April 11, 2024 to
officers and employees of the judiciary ..... 80,000,000
For the payment of state operations nonper-
sonal service liabilities, the sum of
seventeen million dollars ($17,000,000),
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
11, 2024 .................................... 17,000,000
For the payment of aid to localities liabil-
ities, the sum of twelve million five
hundred thousand dollars ($12,500,000), or
so much thereof as shall be sufficient to
accomplish the purpose designated, is
hereby appropriated to the judiciary out
of any moneys in the general fund or other
funds to the credit of the state purposes
account not otherwise appropriated. The
comptroller is hereby authorized and
directed to utilize this appropriation for
the purpose of making payments for aid to
localities liabilities incurred by the
judiciary from April 1 through April 11,
2024 ........................................ 12,500,000
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 sixty-seven million dollars
($67,000,000), 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
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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 employee fringe benefit
liabilities incurred by the judiciary from
April 1 through April 11, 2024 .............. 67,000,000
--------------
§ 5. Section 5 of chapter 111 of the laws of 2024, relating to making
appropriations for the support of government, as amended by chapter 113
of the laws of 2024, is amended to read as follows:
§ 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, 2024.
DEPARTMENT OF HEALTH
AID TO LOCALITIES
CENTER FOR COMMUNITY HEALTH PROGRAM .......... [14,960,000] 18,170,000
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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) .................. 6,400,000
--------------
Special Revenue Funds - Federal
Federal USDA-Food and Nutrition Services Fund
Federal Food and Nutrition Services Account - 25022
For various federal food and nutritional
services. The moneys hereby appropriated
shall be available for payment of finan-
cial assistance heretofore accrued (26986)
............................... [8,560,000] 11,770,000
--------------
§ 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, 2024.
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JUSTICE CENTER FOR THE PROTECTION
OF PEOPLE WITH SPECIAL NEEDS
AID TO LOCALITIES
COMMUNITY SUPPORT PROGRAMS ..................................... 105,000
--------------
General Fund
Local Assistance Account - 10000
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 office of mental
health, office for people with develop-
mental disabilities, 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 chair-
man 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
--------------
§ 7. Section 6 of chapter 111 of the laws of 2024, relating to making
appropriations for the support of government, as amended by chapter 113
of the laws of 2024, is amended to read as follows:
§ 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, 2024.
DEPARTMENT OF LABOR
AID TO LOCALITIES
UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [210,000,000] 375,000,000
--------------
Enterprise Funds
Unemployment Insurance Benefit Fund
Unemployment Insurance Benefit Account - 50650
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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) ......... [210,000,000] 375,000,000
--------------
§ 8. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2024.
DEPARTMENT OF MENTAL HYGIENE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
AID TO LOCALITIES
COMMUNITY SERVICES PROGRAM .................................. 49,450,000
--------------
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
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expenditures made during local fiscal
periods commencing January 1, 2024, April
1, 2024 or July 1, 2024, and for advances
for the 3 month period beginning January
1, 2025.
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
14 days, at rates to be established by the
commissioner and approved by the director
of the budget in consideration of factors
including, but not limited to, geographic
area and number of clients cared for in
the home and for payment in an amount
determined by the commissioner for the
personal needs of each client residing in
the family care home.
Notwithstanding the provisions of subdivi-
sion 12 of section 8 of the state finance
law and any other inconsistent provision
of law, moneys from this appropriation may
be used for expenses of family care homes
including payments to operators of certi-
fied family care homes for damages caused
by clients to personal and real property
in accordance with standards established
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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 chapter 57 of
the laws of 2023 authorizing a 4.0 percent
cost of living adjustment, for the period
commencing on April 1, 2023 and ending
March 31, 2024 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 OPWDD
may specify when performed under the
supervision, training and periodic
inspection of a registered professional
nurse and in accordance with an authorized
practitioner's ordered care.
Notwithstanding any other provision of law
to the contrary, and consistent with
section 33.07 of the mental hygiene law,
the directors of facilities licensed but
not operated by the office for people with
developmental disabilities who act as
federally-appointed representative payees
and who assume management responsibility
over the funds of a resident may continue
to use such funds for the cost of the
resident's care and treatment, consistent
with federal law and regulations.
Funds appropriated herein shall be available
in accordance with the following:
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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
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) ..................................... 28,968,000
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For services and expenses related to the
provision of day program services to
people with developmental disabilities
(37803) ...................................... 6,627,000
For services and expenses related to the
provision of family support services to
people with developmental disabilities
(37804) ...................................... 8,087,000
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) ...................................... 4,667,000
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) .................. 1,101,000
--------------
§ 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, 2024.
DEPARTMENT OF TRANSPORTATION
AID TO LOCALITIES
DEDICATED MASS TRANSPORTATION TRUST FUND PROGRAM ............ 51,000,000
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Special Revenue Funds - Other
Dedicated Mass Transportation Trust Fund
Railroad Account - 20852
To the metropolitan transportation authority
for deposit in the metropolitan transpor-
tation authority dedicated tax fund for
the expenses of the New York city transit
authority, the Manhattan and Bronx surface
transit operating authority, and the
Staten Island rapid transit operating
authority, the Long Island rail road
company and the Metro-North commuter rail-
road company which includes the New York
S. 8986 11
state portion of the Harlem, Hudson, Port
Jervis, Pascack, and the New Haven commu-
ter railroad service regardless of whether
the services are provided directly or
pursuant to joint service agreements.
No expenditure shall be made hereunder until
a certificate of approval has been issued
by the director of the budget and a copy
of such certificate filed with the state
comptroller, the chairperson of the senate
finance committee and the chairperson of
the assembly ways and means committee.
Moneys appropriated herein may be made
available at such times and upon such
conditions as may be deemed appropriate by
the commissioner of transportation and the
director of the budget in accordance with
the following:
To the metropolitan transportation authority
for the operating expenses of the Long
Island rail road company and the Metro-
North commuter railroad company which
include operating expenses for the New
York state portion of Harlem, Hudson, Port
Jervis, Pascack, and New Haven commuter
railroad services regardless of whether
such services are provided directly or
pursuant to joint service agreements
(54282) ...................................... 7,700,000
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Special Revenue Funds - Other
Dedicated Mass Transportation Trust Fund
Transit Authorities Account - 20851
To the metropolitan transportation authority
for deposit in the metropolitan transpor-
tation authority dedicated tax fund for
the expenses of the New York city transit
authority, the Manhattan and Bronx surface
transit operating authority, and the
Staten Island rapid transit operating
authority, the Long Island rail road
company and the Metro-North commuter rail-
road company which includes the New York
state portion of the Harlem, Hudson, Port
Jervis, Pascack, and the New Haven commu-
ter railroad service regardless of whether
the services are provided directly or
pursuant to joint service agreements.
No expenditure shall be made hereunder until
a certificate of approval has been issued
by the director of the budget and a copy
of such certificate filed with the state
comptroller, the chairperson of the senate
finance committee and the chairperson of
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the assembly ways and means committee.
Moneys appropriated herein may be made
available at such times and upon such
conditions as may be deemed appropriate by
the commissioner of transportation and the
director of the budget in accordance with
the following:
To the metropolitan transportation authority
for the operating expenses of the New York
city transit authority, the Manhattan and
Bronx surface transit operating authority,
and the Staten Island rapid transit oper-
ating authority (53173) ..................... 43,300,000
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§ 10. Section 7 of chapter 113 of the laws of 2024, relating to making
appropriations for the support of government, is amended to read as
follows:
§ 7. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2024.
DEPARTMENT OF VETERANS' SERVICES
AID TO LOCALITIES
VETERANS' BENEFITS ADVISING PROGRAM ............. [112,000] 154,000
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Special Revenue Funds - Other
Homeless Veterans Assistance Fund
Homeless Veterans Assistance Account - 20204
For services and expenses related to home-
less veterans' housing, including liabil-
ities incurred prior to April 5, 2024 ....
................................. [112,000] 154,000
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§ 11. 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.
§ 12. 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, 2024, 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
S. 8986 13
charged against the appropriations in this act for each such department,
agency, and the legislature and the judiciary.
§ 13. 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.
§ 14. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024; provided,
however, that upon the transfer of expenditures and disbursements by the
comptroller as provided in section twelve of this act, the appropri-
ations made by this act and subject to such section shall be deemed
repealed.
