NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9766
SPONSOR: Weinstein TITLE OF BILL:
An act making appropriations for the support of government; and provid-
ing for the repeal of such provisions upon expiration thereof
PURPOSE:
This bill provides appropriations to various State departments and agen-
cies to permit certain payments due from April 1 to April- 7, 2022, to
be made absent enactment of the Budget appropriation bills submitted by
the Governor for the State fiscal year beginning April 1, 2022.
SUMMARY OF PROVISIONS:
Section 1 authorizes the Comptroller to utilize the appropriations
contained in this bill, which relate to the 2022-23 State fiscal year,
absent enactment of the 2022-23 Budget.
Section 2 provides:
*$186 million in appropriation authority for personal service payments
scheduled to be made to State officers and employees, including the
Governor, Lieutenant Governor, Comptroller, and Attorney General,
through April 7, 2022, including payments for services performed by
mentally ill or developmentally disabled persons who are employed in
State operated special employment, work for pay or sheltered workshop
programs.
*$70 million in appropriation authority for the purpose of state agen-
cies making payments for fringe benefit assessments incurred for
personal service liabilities incurred prior to April 1, 2022, and during
the period April 1 through April 7, 2022.
*$4.5 million in appropriation authority for the purpose of state agen-
cies 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.
Section 3 provides $11.3 million in appropriation authority for nonper-
sonal service payments by various State agencies. It is the intent of
this section to provide sufficient authorization for agencies to enter
into contracts, the teems of which may continue beyond the life of this
appropriation and for which payments for liabilities incurred beyond
April 5, 2022 would be made subject to additional future appropriations.
Section 4 provides a total of $56.6 million in appropriation authority
for payment of State employee and retiree fringe benefits and other
fixed costs mandated by statute or collective bargaining agreement
during the period April 1 to April 7, 2022, including: the State's
contributions towards its retirement obligation within the voluntary
defined contribution plan, the Social Security payroll tax, the Employee
Benefit Fund Program, and the Metropolitan Commuter Transportation
Mobility Tax. The amounts paid during this period will ensure the
continuation of health insurance and other critical benefits for State
employees / retirees.
Section 5 provides:
*$3,200,000 to the Department of Health for the Center for Community
Health Program. The funds are in support of the American Indian Health
Care Program to provide payments to support pharmacy providers.
*$8,000,000 to the Department of Health for the Special Supplemental
Nutrition Program for Women, Infants, and Children Program. The funds
are in support of daily draws that reimburse vendors for services
provided.
Section 6 provides $20 million in appropriation authority to the Office
for People with Developmental Disabilities to support not-for-profit
providers of essential programs and services.
Section 7 prohibits expenditures from all appropriations until certif-
icates of approval have been issued by the Director of the Budget and
filed with certain State officers.
Section 8 requires the Comptroller to transfer any expenditures made
against these appropriations to the 2022-23 Budget appropriations after
they have become law.
Section 9, the severability clause, provides that if any part of this
Act be adjudged by any court of competent jurisdiction to be invalid,
such judgment would not invalidate the remainder of the Act.
Section 10 provides that the bill takes effect immediately and is deemed
to be in full force and effect on April 1, 2022. The appropriations made
in sections 2 and 4 of this bill will be deemed repealed on April 7,
2022 or upon the transfer of expenditures and disbursements by the comp-
troller as provided in section 8 of this act, whichever is sooner. The
appropriations made in sections 3, 5 and 6 of this bill will be deemed
repealed on April 5, 2022, or upon the transfer of expenditures and
disbursements by the comptroller as provided in section 8 of this act,
whichever is sooner.
STATEMENT IN SUPPORT:
This bill will allow the State to make certain payments and incur
certain liabilities during the period April 1 through April 7, 2022 on a
timely basis, in the absence of an enacted budget for State fiscal year
2022-23.
BUDGET IMPLICATIONS:
Expenditures and disbursements made against these appropriations shall,
upon final action by the Legislature on the appropriation bills submit-
ted by the Governor for the support of government for the State fiscal
year beginning April 1, 2022, be transferred by the Comptroller as
expenditures and disbursements to such appropriations for State depart-
ments and agencies. Accordingly, this bill will have no additional
impact on the State's 2022-23 Financial Plan.
STATE OF NEW YORK
________________________________________________________________________
9766
IN ASSEMBLY
April 4, 2022
___________
Introduced by M. of A. WEINSTEIN -- (at request of the Governor) -- read
once and referred to the Committee on Ways and Means
AN ACT making appropriations for the support of government; and provid-
ing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that the enactment of these appropriations provides sufficient
3 authority to the comptroller for the purpose of making payments for the
4 purposes described herein until such time as appropriation bills submit-
5 ted by the governor pursuant to article VII of the state constitution
6 for the support of government for the state fiscal year beginning April
7 1, 2022 are enacted.
8 § 2. The amounts specified in this section, or so much thereof as
9 shall be sufficient to accomplish the purposes designated, is hereby
10 appropriated and authorized to be paid as hereinafter provided, to the
11 public officers and for the purpose specified, which amount shall be
12 available for the state fiscal year beginning April 1, 2022.
13 ALL STATE DEPARTMENTS AND AGENCIES
14 For the purpose of making payments for
15 personal service, including liabilities
16 incurred prior to April 1, 2022, on the
17 payrolls scheduled to be paid during the
18 period April 1 through April 7, 2022 to
19 state officers and employees of the execu-
20 tive branch, including the governor, lieu-
21 tenant governor, comptroller and attorney
22 general; and payments for services
23 performed by mentally ill or develop-
24 mentally disabled persons who are employed
25 in state-operated special employment,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12041-01-2
A. 9766 2
1 work-for-pay or sheltered workshop
2 programs ................................... 186,000,000
3 For the purpose of state agencies making
4 payments for fringe benefits assessments
5 incurred for personal service liabilities
6 incurred prior to April 1, 2022, and
7 during the period April 1 through April 7,
8 2022 ........................................ 70,000,000
9 For the purpose of state agencies making
10 payments for indirect cost assessments
11 incurred for personal service liabilities
12 incurred prior to April 1, 2022, and
13 during the period April 1 through April 7,
14 2022 ......................................... 4,500,000
15 --------------
16 § 3. The amount specified in this section, or so much thereof as shall
17 be sufficient to accomplish the purpose designated, is hereby appropri-
18 ated and authorized to be paid as hereinafter provided, to the public
19 officers and for the purpose specified, which amount shall be available
20 for the state fiscal year beginning April 1, 2022.
21 ALL STATE DEPARTMENTS AND AGENCIES
22 For the payment of state operations non
23 personal service liabilities to the execu-
24 tive branch, including the comptroller,
25 and the attorney general, incurred in the
26 ordinary course of business, during the
27 period April 1 through April 5, 2022,
28 pursuant to existing state law and for
29 purposes for which the legislature author-
30 ized the expenditure of moneys during the
31 2021-2022 state fiscal year; provided,
32 however, that nothing contained herein
33 shall be deemed to limit or restrict the
34 power or authority of state departments or
35 agencies to conduct their activities or
36 operations in accordance with existing
37 law, and further provided that nothing
38 contained herein shall be deemed to super-
39 sede, nullify or modify the provisions of
40 section 40 of the state finance law
41 prescribing when appropriations made for
42 the 2021-2022 state fiscal year shall have
43 ceased to have force and effect ............. 11,250,000
44 --------------
45 § 4. The amounts specified in this section, or so much thereof as
46 shall be sufficient to accomplish the purposes designated, is hereby
47 appropriated and authorized to be paid as hereinafter provided, to the
48 public officers and for the purposes specified, which amount shall be
49 available for the state fiscal year beginning April 1, 2022.
A. 9766 3
1 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
2 GENERAL STATE CHARGES
3 STATE OPERATIONS
4 GENERAL STATE CHARGES ...................................... 56,600,000
5 --------------
6 General Fund
7 State Purposes Account - 10050
8 For employee fringe benefits according to
9 the following project schedule including
10 those benefits which are related to
11 employees paid from funds, accounts, or
12 programs where the division of the budget
13 has issued waivers .......................... 55,300,000
14 Project Schedule
15 PROJECT AMOUNT
16 --------------------------------------------
17 For the state's contribution
18 to employee benefit fund
19 programs ...................... 35,000,000
20 For the state's contribution
21 to the social security
22 contribution fund ............. 20,000,000
23 For the state's share of
24 contributions to the volun-
25 tary defined contribution
26 plan made on behalf of
27 eligible employees pursuant
28 to chapter 18 of the laws of
29 2012 who elect to partic-
30 ipate in such plan and who
31 are not otherwise eligible
32 to participate in the SUNY
33 optional retirement program ...... 300,000
34 --------------
35 Project schedule total .... 55,300,000
36 --------------
37 For the payment of the metropolitan commuter
38 transportation mobility tax pursuant to
39 article 23 of the tax law as added by
40 chapter 25 of the laws of 2009 on behalf
41 of the state employees employed in the
42 metropolitan commuter transportation
43 district ..................................... 1,300,000
44 --------------
45 § 5. The amounts specified in this section, or so much thereof as
46 shall be sufficient to accomplish the purposes designated, is hereby
47 appropriated and authorized to be paid as hereinafter provided, to the
48 public officers and for the purposes specified, which amount shall be
49 available for the state fiscal year beginning April 1, 2022.
A. 9766 4
1 DEPARTMENT OF HEALTH
2 AID TO LOCALITIES
3 CENTER FOR COMMUNITY HEALTH PROGRAM ......................... 11,200,000
4 --------------
5 General Fund
6 Local Assistance Account - 10000
7 For services and expenses related to the
8 Indian health program. The moneys hereby
9 appropriated shall be for payment of
10 financial assistance heretofore accrued or
11 hereafter to accrue (26840) .................. 3,200,000
12 --------------
13 Special Revenue Funds - Federal
14 Federal USDA-Food and Nutrition Services Fund
15 Federal Food and Nutrition Services Account - 25022
16 For various federal food and nutritional
17 services. The moneys hereby appropriated
18 shall be available for payment of finan-
19 cial assistance heretofore accrued (26986) ... 8,000,000
20 --------------
21 § 6. The amounts specified in this section, or so much thereof as
22 shall be sufficient to accomplish the purposes designated, is hereby
23 appropriated and authorized to be paid as hereinafter provided, to the
24 public officers and for the purposes specified, which amount shall be
25 available for the state fiscal year beginning April 1, 2022.
26 DEPARTMENT OF MENTAL HYGIENE
27 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
28 AID TO LOCALITIES
29 COMMUNITY SERVICES PROGRAM .................................. 19,909,000
30 --------------
31 For services and expenses of the community
32 services program, net of disallowances,
33 for community programs for people with
34 developmental disabilities pursuant to
35 article 41 of the mental hygiene law,
36 and/or chapter 620 of the laws of 1974,
37 chapter 660 of the laws of 1977, chapter
38 412 of the laws of 1981, chapter 27 of the
39 laws of 1987, chapter 729 of the laws of
40 1989, chapter 329 of the laws of 1993 and
41 other provisions of the mental hygiene
42 law. Notwithstanding any inconsistent
43 provision of law, the following appropri-
44 ation shall be net of prior and/or current
A. 9766 5
1 year refunds, rebates, reimbursements, and
2 credits.
3 Notwithstanding any other provision of law,
4 advances and reimbursement made pursuant
5 to subdivision (d) of section 41.15 and
6 section 41.18 of the mental hygiene law
7 shall be allocated pursuant to a plan and
8 in a manner prescribed by the agency head
9 and approved by the director of the budg-
10 et. The moneys hereby appropriated are
11 available to reimburse or advance locali-
12 ties and voluntary non-profit agencies for
13 expenditures made during local fiscal
14 periods commencing January 1, 2021, April
15 1, 2021 or July 1, 2021, and for advances
16 for the 3 month period beginning January
17 1, 2022.
18 Notwithstanding the provisions of article 41
19 of the mental hygiene law or any other
20 inconsistent provision of law, rule or
21 regulation, the commissioner, pursuant to
22 such contract and in the manner provided
23 therein, may pay all or a portion of the
24 expenses incurred by such voluntary agen-
25 cies arising out of loans which are funded
26 from the proceeds of bonds and notes
27 issued by the dormitory authority of the
28 state of New York.
29 Notwithstanding any other provision of law,
30 the money hereby appropriated may be
31 transferred to state operations and/or any
32 appropriation of the office for people
33 with developmental disabilities with the
34 approval of the director of the budget.
35 Notwithstanding any inconsistent provision
36 of law, moneys from this appropriation may
37 be used for state aid of up to 100 percent
38 of the net deficit costs of day training
39 programs and family support services.
40 Notwithstanding the provisions of section
41 16.23 of the mental hygiene law and any
42 other inconsistent provision of law, with
43 relation to the operation of certified
44 family care homes, including family care
45 homes sponsored by voluntary not-for-pro-
46 fit agencies, moneys from this appropri-
47 ation may be used for payments to purchase
48 general services including but not limited
49 to respite providers, up to a maximum of 5
50 days, at rates to be established by the
51 commissioner and approved by the director
52 of the budget in consideration of factors
53 including, but not limited to, geographic
54 area and number of clients cared for in
55 the home and for payment in an amount
56 determined by the commissioner for the
A. 9766 6
1 personal needs of each client residing in
2 the family care home.
3 Notwithstanding the provisions of subdivi-
4 sion 12 of section 8 of the state finance
5 law and any other inconsistent provision
6 of law, moneys from this appropriation may
7 be used for expenses of family care homes
8 including payments to operators of certi-
9 fied family care homes for damages caused
10 by clients to personal and real property
11 in accordance with standards established
12 by the commissioner and approved by the
13 director of the budget.
14 Notwithstanding any inconsistent provision
15 of law, moneys from this appropriation may
16 be used for appropriate day program
17 services and residential services includ-
18 ing, but not limited to, direct housing
19 subsidies to individuals, start-up
20 expenses for family care providers, envi-
21 ronmental modifications, adaptive technol-
22 ogies, appraisals, property options,
23 feasibility studies and preoperational
24 expenses.
25 Notwithstanding any inconsistent provision
26 of law except pursuant to a chapter of the
27 laws of 2021 authorizing a 1 percent cost
28 of living adjustment, for the period
29 commencing on April 1, 2021 and ending
30 March 31, 2022 the commissioner shall not
31 apply any other cost of living adjustment
32 for the purpose of establishing rates of
33 payments, contracts or any other form of
34 reimbursement.
35 Notwithstanding section 6908 of the educa-
36 tion law and any other provision of law,
37 rule or regulation to the contrary, direct
38 support staff in programs certified or
39 approved by the office for people with
40 developmental disabilities, including the
41 home and community based services waiver
42 programs that the office for people with
43 developmental disabilities is authorized
44 to administer with federal approval pursu-
45 ant to subdivision (c) of section 1915 of
46 the federal social security act, are
47 authorized to provide such tasks as the
48 office for people with developmental disa-
49 bilities may specify when performed under
50 the supervision, training and periodic
51 inspection of a registered professional
52 nurse and in accordance with an authorized
53 practitioner's ordered care.
54 Notwithstanding any other provision of law
55 to the contrary, and consistent with
56 section 33.07 of the mental hygiene law,
A. 9766 7
1 the directors of facilities licensed but
2 not operated by the office for people with
3 developmental disabilities who act as
4 federally-appointed representative payees
5 and who assume management responsibility
6 over the funds of a resident may continue
7 to use such funds for the cost of the
8 resident's care and treatment, consistent
9 with federal law and regulations.
10 Funds appropriated herein shall be available
11 in accordance with the following:
12 Notwithstanding any other provision of law
13 to the contrary, funds appropriated herein
14 are available to reimburse in- and out-of-
15 state private residential schools, pursu-
16 ant to subdivision (c) of section 13.37-a
17 and subdivision (g) of section 13.38 of
18 the mental hygiene law, for costs of
19 supporting the residential and day program
20 services available to individuals who are
21 over the age of 21 years of age, provided
22 that the amount paid for residential
23 services and/or maintenance costs is net
24 of any supplemental security income bene-
25 fit to which the individual receiving
26 services is eligible, and provided further
27 that funding for nonresidential services
28 will be in an amount not to exceed the
29 maximum reimbursement for appropriate day
30 services delivered by the office for
31 people with developmental disabilities
32 certified or approved providers other than
33 in- and out-of-state private residential
34 schools, unless otherwise authorized by
35 the director of the budget.
36 Notwithstanding section 163 of the state
37 finance law, section 142 of the economic
38 development law, and article 41 of the
39 mental hygiene law, the commissioner of
40 the office for people with developmental
41 disabilities may make the funds appropri-
42 ated herein available as state aid, a loan
43 or a grant, pursuant to terms and condi-
44 tions established by the commissioner of
45 the office for people with developmental
46 disabilities, to cover a portion of the
47 development costs of private, public
48 and/or non-profit organizations, including
49 corporations and partnerships established
50 pursuant to the private housing finance
51 law and/or any other statutory provisions,
52 for supportive housing units that have
53 been set aside for individuals with intel-
54 lectual and developmental disabilities.
55 Further, the office for people with devel-
56 opmental disabilities shall have a lien on
A. 9766 8
1 the real property developed with such
2 state aid, loans or grants, which shall be
3 in the amount of the loan or grant, for a
4 maximum term of 30 years, or other longer
5 term consistent with the requirements of
6 another regulatory agency.
7 For services and expenses related to the
8 provision of residential services to
9 people with developmental disabilities
10 (37802) ..................................... 11,014,000
11 For services and expenses related to the
12 provision of day program services to
13 people with developmental disabilities
14 (37803) ...................................... 2,674,000
15 For services and expenses related to the
16 provision of family support services to
17 people with developmental disabilities
18 (37804) ...................................... 3,732,000
19 For services and expenses related to the
20 provision of workshop, day training and
21 employment services to people with devel-
22 opmental disabilities. Notwithstanding any
23 other provision of law, up to $800,000 of
24 this appropriation may be transferred to
25 the New York State Education Departments'
26 Adult Career and Continuing Education
27 Services - Vocational Rehabilitation
28 (ACCES-VR) program to support the Long-
29 Term Sheltered Employment program operated
30 by FEDCAP Rehabilitation Services, Inc.
31 (37805) ...................................... 2,154,000
32 For other services and expenses provided to
33 people with developmental disabilities
34 including but not limited to hepatitis B,
35 care at home waiver, epilepsy services,
36 Special Olympics New York, Inc. and volun-
37 tary fingerprinting (37806) .................... 335,000
38 --------------
39 § 7. No expenditure may be made from any appropriation in this act,
40 until a certificate of approval has been issued by the director of the
41 budget and a copy of such certificate shall have been filed with the
42 state comptroller, the chairman of the senate finance committee and the
43 chairman of the assembly ways and means committee provided, however,
44 that any expenditures from any appropriation in this act made by the
45 legislature or judiciary shall not require such certificate.
46 § 8. All expenditures and disbursements made against the appropri-
47 ations in this act shall, upon final action by the legislature on appro-
48 priation bills submitted by the governor pursuant to article VII of the
49 state constitution for the support of government for the state fiscal
50 year beginning April 1, 2022, be transferred by the comptroller as
51 expenditures and disbursements to such appropriations for all state
52 departments and agencies, as applicable, in amounts equal to the amounts
53 charged against the appropriations in this act for each such department
54 and agency.
A. 9766 9
1 § 9. Severability clause. If any clause, sentence, paragraph, subdivi-
2 sion, section or part of this act shall be adjudged by any court of
3 competent jurisdiction to be invalid, such judgment shall not affect,
4 impair, or invalidate the remainder thereof, but shall be confined in
5 its operation to the clause, sentence, paragraph, subdivision, section
6 or part thereof directly involved in the controversy in which such judg-
7 ment shall have been rendered. It is hereby declared to be the intent of
8 the legislature that this act would have been enacted even if such
9 invalid provisions had not been included herein.
10 § 10. This act shall take effect immediately and shall be deemed to
11 have been in full force and effect on and after April 1, 2022. Provided
12 however sections three, five, and six of this act shall cease to have
13 force and effect after April 5, 2022 or upon the transfer of expendi-
14 tures and disbursements by the comptroller as provided in section eight
15 of this act, whichever is sooner. Provided further however, sections two
16 and four of this act shall cease to have force and effect after April 7,
17 2022 or upon the transfer of expenditures and disbursements by the comp-
18 troller as provided in section eight of this act, whichever is sooner.
19 This act shall be deemed repealed after April 7, 2022.
