611gpb# 283 Emergency #11 Appropriation - Bill

Legislative Bill Drafting Commission 12278-02-0
PROGRAM BILL 1# 2 8 3·

S.

Senate

IN SENATE--Introduced by Sen

--read twice and ordered printed, and when printed to be committed to the Committee on

--- ...... _-_ .... A ...

Ass.ernbly

IN ASSEMBLY--Introduced by M. of A.

with M. of A. as co-sponsors

--read once and referred to the Committee on

*BUDGBI*

(Provides for emergency ation for the period April through June 20, 2010)

appropri- 1, 2010

Emer approp. 4/1 - 6/20

AN ACT

making appropriat-ions

support of chapter 20 relating to making appropriations for the support of government, to amend chapter 46 of the laws of 2010, relating to making appropriations for the support of government, to amend chapter 47 of the laws of 2010, relating to making appropriations for the support of government; to amend chapter 90 of the laws of 2010, relating to making

government; of the laws

for to

the

amend of 2010,

:sO$' Skelo9

IN SENATE ~ ___

SeJl2I.te introducer'·s si9J:l.!!t'UTe

of this propoHiIll

The senatore;: whose Dames are circled be10w wiSh" to :join me in the sponsot:'ship

sZO Mams

;;:1.5 Addillbbg

sSS Alesi

s49 Aubert:ine

&42 Br;J[l~cic

s03 Poley

eo B FUGdlillo 839 Lftrkin

s4D Leibell

947 Griffo

z:;;2:;! Golden 501 LaYa11e;

552 Libous

6DS Hannon

sSO DeFrancisco l'bampson

63-6 Hassell-

.&1'7 :Di.l.-n

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s2.9 rxrene

633 Esp-ada

s44 FflI'ley

&45 Little

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s34 E_lein

s07 Jol:mson, c, 843 ~nl!Lld

862 Maziarz

504 JOlms:011, o. s18 M6ntgomery

s26 KruegEr

.&27 J:.ruger

s3 B Morahan

sSt Nozzolio

s12 Onorato

a37 Oppenheimer

s11 Pacbl.van

.s2l Parker

s13 Per.al.ta

s30 PerJci.ns

sS6 Robach

1541 Sal.and.

s19 Sampson

&14 Smith

s25 Squa.dron

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s16 Stavi&ky

535 St.ewart-

Cousins-

1;160 Thompson.

s23 SaviIlQ s59 VolkQ.r

s49 Va1esky

631. Selmeidel."l::ll.l:lh 553 WiDDer

851 Seward

;0;=;::2 9 Serrano s-S? Young

IN ASSEMBLY ___

AssE!:mb1y introducer's sigJUlture

The Members of the AsseJIlbly whase names .b.re cirCled below wish. to join me in the

a049 Abbe.te

lnUlti-sponsorship .of this proposal::

a{)28 HI!-vesi

aOO1. Alessi

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.09.9 Ball

801.24 B~clay

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80045 Cymb.rov1 t:t a_04:2 Jacobs

a144 Hoyt

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a140 S~nger a14S Schroeder

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a102 Miller. J. a.11.8 Russell

a03B Miller, M. a012 Sala.dino

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al '03· M01in,J.Xo 80029 Scarborough

1:1132 Horelle

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1) Single House Bill (iJ::J.t:J;oduced aDd pr1.ntec1 separetely in ei.ther or beth ~us-es). tlc.i-Bill Cintrod.uced. s-i:r1U1tatloously in both houses- and printed .zis one: _ bi11. Senate I1nI1 Assembly introducer Eiign 'the same copy of thE! bil11 •

2) Circle names of: cO-l'ipOnSors aDd. return to introduct:ion clerk 'With 2 signed. copies of bill lLILd. 4 c-opieEi of' mE!Dl)rn.ndum in suppott C$ingle houSe) i or 4 signed.

copies of bill and 8 copies of memorandum ~ support (uni -bill) •

06/11/10

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12278-02-0

appropriations for the support bf government; and to amend chapter 108 of the laws of 2010, relating to making appropriations for the support of government

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

I .

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12278-02-0

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 submitS ted by the governor pursuant to article VIr of the state constitution 6 for the support of government for the state fiscal year beginning "April 7 1, 2010 are enacted.

8 S 2. See"tion 2 of chapter 20 of the laws of 2010, relating to making
9 appropriations for the suppo"rt of government,. as amended by chapter 108
10 of the iaws of 2010, is amended to read as follows:
11 S 2. The sum of two billion [two hundred thirty-six] ninety-six 12 million eight hundred twenty-one thousand dollars [($2,236,821,000)] 13 ($2,096,821,000) or so much thereof as shall be sufficient to accomplish 14 the purpose designated, is hereby appropriated and authorized to be paid 15 as hereinafter provided,.to the public officers and for the purposes 16 specified, which amount shall be available for the state fiscal year 17 beginning April 1, 2010.

18

ALL STATE DEPARTMENTS AND AGENCIES

19 For the purpose of making payments for

20 personal service, including liabilities

21 incurred prior to April 1, 2010, on the

22 payrolls scheduled to be paid during the

23 period April 1 through June [17] 20, 2010

24 to state officers and employees of the

25 executive branch, including the governor,

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12278-02-0

1

lieutenant

governor,

comptroller

and

2 attorney general; to officers and employ-

3 ees of the judiciary; and to officers and

4 employees of the legislature, including

5 payments to the members of the senate and

6 assembly under sections 5 and 5-a of the

7 legislative law; and payments for services

8 performed by mentally ill or develop-

11

work-far-pay

or

sheltered

workshop

9 mentally disabled persons who are employed

10

in

state-operated

special employment,

12 programs provided that, notwithstanding

13 any other provision of law to the contra-

14 ry, the expiration dates of the exemption

15 from licensure requirements as set fort~

16 in section 9 of chapter 420 of the laws of

17 2002 and section 17-a of chapter 676 of

18 the laws of 2002 are hereby extended until

19 [June 17, 2010] March 31, 2011 •••••••••••

21

--------------

--------------

20

[2t236t821~OOOJ 2,096,821,000

22 S 3. Section 3 of .chapter 20 of the laws of 2010, relating to making

23 appropriations for the supper+ of government , as amended by qhapter 108

24 of the laws of 2010, is amended to read as follows:

25 S 3. The sum of two hundred four million eight hundred sixty-two thou-

26 sand dollars ($204,862,000), or so much thereof· as shall be sufficient

27 to accomplish the purpose designated, is hereby appropriated out of any

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12278-02-0

1 moneys in the general fund to the credit of the state purposes account 2 not otherwise appropriated for the purpose of paying to the social secu- 3 rity contribution fund, the state's share, as employer, of the payroll 4 ta~ for payrolls scheduled to be paid during the period April 1 through 5 June [17] ~, 2010, including liabilities incurred prior to April 1,.

6 2010 ••..••••••.•..••••• ~ •• 0· ••••••••••••••••••••••••••••••••• 204,862,000

7

=======:;;;:======

8 S 4. Section 6 of chapter 46 of the laws of 2010, relating to making 9 appropriations for the support of government, as amended by chapter 108 10 of the laws of 2010, is amended to ~ead as follows:

11 § 6. The several amounts specified in this section, or so much thereof 12 as shall be sufficient to accomplish the purposes designated, are hereby 13 appropriated and authorized to be paid as hereinafter provided, to·the 14 respective public officers and for the several purposes specified, whiqh i5 amounts shall be available for the state fiscal year beginning April 1, 16 2010.

17 TEE JUDICIARY

18 For· the payment of state operations nonpersonal service liabilities, 19 the sum of [forty-nine] fifty-one million dollars [($49,000,000)) 20 .($51,000,000), or so much thereof as shall be sufficient to accomplish 21 the purpose designated, is hereby appropriated to the judiciary out of 22 any moneys in the general fund to the credit of the state purposes 23 account not otherwise appropriated. The comptroller is hereby authorized 24 and directed to utilize this appropriation for the purpose of making

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1 .payments for nonpersonal service liabilities incurred by the judiciary

2 from April 1 through June (13] 20, 2010 •••••••• (49,000,000) 51,000,000

3 ~=============

4 The sum of four million dollars ($4,000,000), or so much thereof as

5 shall be s~fficient to accomplish the purpose designated, is hereby

6 appropriated to the juqiciary out of any moneys in the special revenue

7 funds - other. / aid to localities, court facility incentive aid fund

10

payments

.................... 'II ' ..

4,000,000

8 340 for services and expenses related to court cleaning and minor

9 repairs, .interest aid, appellate aid and judicial institute financing

11

---------------

---- ...... _---------

12 § 5. Section 5 of chapter 20 of the laws of 2010, relating to making

13 . appropriations for the support of government, as amended by chapter 108


15 § 5. The amount spec:tfied in this section, or so much thereof as. shall

16 be sufficient to accomplish the purpose designated, is hereby appropri-

17 ated and authorized to be paid 'as hereinafter provided, to the public

18 officer's and for the purposes specified, which amount shall be available

19 for the state fiscal year beginning April 1, 2010.

21 For the payment of state operations nonper-

20 ALL STATE DEPARTMENTS AND. AGENCIES

22 sonal service liabilities, including the
23 legislature, including contracts approved
24 prior to, on, and after April 1, 2010 for
25 liabilities incurred in the ordinary 06/11/10

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12278-02-0

1 course of business, during the period

2 April 1 through June [13J 20, 2010, pursu-

3 ant to existing state law and for purposes

4 for which the legislature authorized the

5 expenditure of moneys during the 2009-2010

6 state fiscal year; provided, however, that

7 nothing contained herein shall be deemed

8 to limit or restrict the power or author i-

9 ty of ~-state departments or agencies to

10 conduct their activities or operations in

,

11 accordance with existing law, and further

12 provided that nothing contained herein

13 shall be deemed to supersede~ nullify or

14 modify the provisions of section 40 of the

15 state finance law prescribing when appro-

16 priations made for the 2009-2010 state

17 fiscal year shall have ceased to have

18

force and effect •..•••..••• [195,000,000]

225,000,000

==============

20 S 5-a. The amount specified in this section, or so much thereof as

21 shall be sufficient to accomplish the purpose designated, is hereby

22 appropriated and authorized to be paid as hereinafter provided, to the

23 public office~s and for the purpose specified, which amount shall be

24 available for the state fiscal year beginning April 1, 2010.

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1

ALL STATE DEPARTMENTS AND AGENCIES

2 For the payment of state operations liabil-

3 ities from federal special revenue funds

4 for state operations pursuant to existing

5 state law and for purposes which the

6 legislatur:e authorized the expenditure of

7 moneys during the 2009-10 fiscal year,

8 including contracts approved prior to, on,

9 and after April 1, 2010 for iiabilitie.s

10 incurred in the ordinary course of busi~

11

ness during the period July 1,

2010

12 through final action by the legislature on

13

appropriation

bills

submitted by the

14 governor pursuant to article VII of the

15 state constitution for the support of

government for the state fiscal

16 17 18

year

beginning April 1, 2010

200,000,000

====:=:;::;;;;;::;=====

19 S 6. Section 6 of chapter 20 of the laws of 2010, relating to making

20 appropriations for the support of government, as amended by chapter 108· 21 of the laws of 2010, is amended to read as follows:

22 S 6. The several amounts specified in this section, or so much thereof 23 as shall be sufficient to accomplish the purposes designated, are hereby 24 appropriated and authorized to be paid as hereinafter provided, to the 25 respective public officers and for the several purposes specified, which

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I I

I

1 amounts shall be available for the state fiscal year beginning April I,

2 2010.

3

AMERICAN RECOVERY AND REINVESTMENT ACT (CCP)

4 ~ •••••••.•..•.••••••••.•....••••••• ~ •.•.•... (110,OOO,000J 115,000,000

5 --------------

6

Federal Capital, Projects ,Fund - 291

7

American'Recovery and Reinvestment Act Purpose

B The sum of [seventyJ seventy-five million dollars [($70,000,000)J

9 ($75,000,000), or so much thereof as shall be sufficient to accomplish

~

10 the purpose designated, is hereby appropriated for contracts approved

11 prior to April 1, 2010 for the payment by the s t at e of the federal share

12 of transportation related capital projects liabilities funded by the

14 'course of business from April 1 through June, [13] 2.0, .2010, pursuant, to

13 Ame:dcan Recovery and Reinvestment Act of 2009 incurred in the ordinary

15 existing state law and for purposes for which the legislature authorized
16 the' expend Lbur as of money during the 2'009-2010 fiscal year~ provided,
17 however, that nothing contained hereln shall be deemed to limit or
18 restrict the power or authority of state departments or agencies to 20 and further provided that nothing contained herein shall be deemed to

19 conduct their activities or operations in accordance with existing law,

21 superSede, nullify, or modify the provisions of sect-ion 40 of the state

22 finance law, prescribing when appropriations made for the 2009~2010

23 fiscal year shall have ceased to have force and effect. Funds appropri-

24 ated herein shall be subject to all applicable reporting and account-

25 ability requirements contained in such act ••••• [70,000,000] 75,000,000

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1

=============:;::

2 The sum of forty million dOllars ($40,000,000), or so much thereof as


4 appropriated for contracts approved for purposes for which the legisla-

5 ture authorized the expenditures of money during the 2009-2010 fiscal

6 year. An amount up to forty million dollars ($40,000,000) shall be

7 available for ·the payment by the state of the federal share of transpor-

8 tation related capital projects liabilities, funded by the American

9 Recovery and Reinvestment Act of 2009 incurred in the ordinary course of

10 business during the period from April 1 through June [13] 20, 2010 for

11 contracts approved during the period April 1 through June [13] 20, 2010,

12 provided, however, that nothing contained herein shall be deemed to

13 limit or restrict the power or authority of state departments or agen-

14 cies to conduct their activities or operations in accordance with exist-

15 ing law, and further pr ov i ded that nothing contained herein shall be.

16 deemed to supersede, nullify, or modify the provisions of section 40 of

17 the state finance law prescribing when appropriations made for the

18 2009-2010 fiscal year shall have ceased to have force and effect. Funds

19 appropriated herein shall be subject to all applicable reporting and

20 accountability requirements contained in such act ••.••.••••• 40,000,000

21 ==============

26 as shall be sufficient to accomplish the purposes designated, are hereby

22 S 7. Section 7 o~ chapter 20 of the laws of 2010, relating to making

23 appropriations for the support of government, as amended by chapter IDS


I

25 S 7. The several amounts specified in this section, or so much thereof

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12278-02-0


2 respective public officers and for the several purposes specified, which

3 amounts shall be available for the state fiscal year beginning April 1,

4 2010.

5 ALL STATE DEPARTMENTS AND AGENCIES

6 The sum of thirty million dollars ($30,000,000), or so much thereof as

7 shall bEi-- sufficient to accomplish the purpose designated, is hereby

8 appropriated for contracts approved in accordance with section 112 of

,

9 the ~tate finance law for purposes for which the legislature authorized

10' the expenditures of money during the 2009-2010 fiscal year. An amount up

11 to thirty million dollars ($30,000,000) shall be available for the

12 payment of capital projects liabilities, including any contractual

13 services liabilities of the engineering services fund, incurred to

14 address emergency health and safety needs as certified by the director
15 of budget during the period from April 1 through June [13] 20, 2010 for
16 contracts approved prior to, on, or after April 1, 2010, provided,
17 however, that nothing contained herein shall be deemed to limit or
18 restrict the power or authority of state departments or agencies to
19 conduct their activities or operations in accordance with existing law, 20 and further provided that nothing contained herein shall be deemed to

21 supersede, nullify, or modify the provisions of section 40 of the state

22 finance law prescribing when appropriations made for the 2009-2010

23 fiscal year shall have ceased to have force and effect ••••.• 30,000,000

24 ==============

25 The sum of two hundred million dollars ($200,000,000), or so much

26 thereof as shall be sufficient to accomplish the purpose designated, is

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1 hereby appropriated.for contracts approved in accordance with section

2 112 of the state finance law for purposes for which the legislature

3 authorized the expenditures of money during the 2009-2010 fiscal year.

4 An ~mount up to two hundred million dollars ($200,000,000) shall be

5 available for the payment of all facets of capital projects liabilities

6 incurred on and after April 1, 2010 for contracts originally approved

10 accordance with existing law, and further provided that

nothing

7 prior to April 1, 2010, provided, however, that nothing contained herein

8 shall be deemed to limit or restrict the power or authority of state

. 9 departments or agencies to conduct their· activities or operations in

11 contained herein shall be deemed to supersede, nullify, or modify the

12 provisions of section 40 of the state finance law prescribing when

13 appropriations made for the 2009-2010 fiscal year shall have ceased to

14 have force and effect •••••••••••••••••••••.•••....•.•••.•.• 200,000,000

15

--------------

-----_-------_.

16 S 8. Section 9 of chapter 47 of the laws of 2010, relating to· making

17 appropriations for the support of government, as amended by chapter lOB


20 as shall be sufficient to accomplish the purposes designated,' are hereby

19 S 9. The several amounts specified in this section, or so much thereof


22 respective public officers and for the several purposes specified, which

23 amounts shall be available for the state fiscal year beginning April 1,

24 2010.

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1 DEPARTMENT OF TRANSPORTATION

2 FEDERAL AID HIGHWAYS FEDERAL PURPOSE •..•.•..• [100,000,000]135,000,000

3 --------------

4 Federal Capital Projects Fund - 291

5 Federal Aid Highways Purpose ,

6

The

sum

of

(eighty]

one

hundred

fifteen

million dollars

7 [($80,000,000.)] ($115,000,000),. or SO much thereof as shall be suffi- 8 cient to accomplish the purpose designated, is hereby appropriated for 9 contracts approved prior to April 1, 2010 for the payment by the state

10 of the federal share of transportation related capital projects 1iabil- 11 ities as provided for in the Safe, Accountable, Flexible, Efficient 12 Transportation Equity Act: A Legacy for Users and any successive legis- 13 1ation incurred in the ordinary course of business from April 1 through 14 June [13] 20, 2010, pursuant to existing state law and for purposes for 15 ·which the legislature authorized the expenditures of money during the 16 2009-2010 fiscal yeari,provided, however, that nothing contained herein 17 shall be deemed to limit or restrict the power or authority of state 18 departments or. agencies to conduct their activities or operations in

19 accordance with existing law, and further provided that

nothing

20 contained herein shall be deemed to supersede, nullify, or modify the 21 provisions of section 40 of the state finance law prescribing when 22 appropriations made for the 2009-2010 fiscal year shall have ceased to 23 have force and effect. Funds appropriated herein shall not be available 24 for the payment of liabilities funded by the American Recovery and Rein-

25 vestment Act of 2.009 [80,000,000] 115eOOO,OOO

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1 ==============

2 The sum of twenty million dollars ($20,OOO,OOO), or so much thereof as 3 shall be sufficient to accomplish the purpose designated, is hereby 4 appropriated for contracts approved during the period from April 1 5 through June [13] 20, 2010 for the payment by the state of the federal 6 share of transportation related capital projects liabilities as provided 7 for in the Safe, Accountable, Flexible, Efficient Transportation Equity 8 Act: A Legacy for Users and any successive legislation incurred in the 9 ordinary course of business from Ap:dl 1 through June '[13] 20, 2010, for

10 projects that do not contain any state funding shares unless such state 11 shares are funded by the consolidated local street and highway improve- 12 ment program and/or the municipal streets and highway program, or for 13. projects containing both state funding shares that are eligible to be 14 funded by bond proceeds to the· extent that such bond proceeds are avail- 15 able and federal shares funded by the American Recovery and Reinvestment 16 Act of 2009, pursuant to existing state law and for purposes for which

17 18

the legislature authorized the expenditures of money during the 2009~2010 fiscal year; provided, however, that nothing contained herein

19 shall be deemed to limit or restrict the power or authority of state 20 departments or agencies to conduct their activities or operations in

21 accordance

with, existing law, and further provided that nothing

22 contained herein shall be deemed to supersede, nullify, or modify the 23 provisions of section 40 of the state finance law prescribing when 24 appropriations made for the 2009-2010 fiscal year shall have ceased to 25 have force and effect. Funds appropriated herein shall not be available 26 for the payment of liabilities funded by the American Recovery and Rein-

27 vestment Act of 2009 ••....•.•.•.••••••••••..•.••.•...•.••.••• 20,000,000

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1

======;::::;;:;;;;;:======:

2 NEW YORK STATE AGENCY FUND (CCP) ..•••...••••...•..•.....••.• 10,000,000

3 --------------

4 Fiduciary Funds/Capital Projects

5 Highway Costs Improvement Accounts

6 Non-Federal Aided Highway Purpose

7 The sum of ten million dollars ($10,000,000), or so much thereof as 8 shall be sufficient to accomplish the purpose designated, is hereby 9 appropriated for contracts approved prior to, on or after April 1, 2010

10 for the payment of transportation related capital projects liabilities 11 incurred by the department of transportation on behalf of entitiep other 12 than state departments or agencies pursuant to the highway law or trans- 13 portation law incurred in the ordinary course of business.from·April 1

14 through June [13] 20,2010 ~, .••••••• 10,000,000

15

======:;::=======

l6S 8-a. Section 9:b of chapter 90 of the laws of 2010, relating to 17 making appropriations for the support of government, as amended by chap- 18 ter 108 of the laws of 2010, is amended to read as follows:

19 S 9-b. The amount specified in this section, or so much thereof as 20 shall be sufficient to accomplish the .purpose designated, is hereby 21 appropriated and authorized to be paid as hereinafter provided, to the 22 public officers and for the purpose specified,· which amount shall be 23 available for the state fiscal year beginning April 1, 2010.

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1

DEPARTMENT OF TRANSPORTATION

2 The sum of one million dollars ($1,000,000), or so much thereof as


4 appropriated for contracts approved during the period from April 1, 2010

5 through June [13) lQ, 2010, for the payment by the state of the state

6 share of transportation related capital projects liabilities incurred in

7 the ordinary course of business from April 1, 2010 through June [13] 20,

8 2010, including construction inspection, funded by the dedicated highway

9 and bridge trust fund - non-federal aided highway purpose and prepara-

10 tion of plans purpose and/or the rebuild and renew New York transporta-

11 tion bond act of 2005 - highway facilities purpose, only for the shares

12 of projects that are eligible to be funded by bond proceeds, only to the

13 extent that bond proceeds qre available, and only for capital projects

14 that contain funding shares from the American Recovery and Reinvestment

15 Act of 2009, pursuant to existing state law and for purposes for which

16 the legislature authorized the expenditures of money during the

17 2009-2010 fiscal year; provided, however, that nothing contained herein

18 shall be deemed to limit or restrict the power or authority of state

19 departments or agencies to conduct their activities or operations in

·20 accordance with existing law, and further provided that' . nothing

21 contained herein shall be deemed to supersede, nullify, or modify the

22 provisions of section 40 of the state finance law prescribing when

24

have force and effect

1,000,000

23 appropriations made for the 2009-2010 fiscal year shall have ceased to

25

-----------_ ........... ....... __ ... _--------

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12278-02...,.0

1 § 9. The several amounts specified .in this section, or so much thereof 2 as shall be sufficient to accomplish the several purposes designated, 3 are hereby appropriated and authorized to be paid as hereinafter 4 provided, to the respective public officers and for the several purposes 5 specified, which amounts shall be available for the state fiscal year 6 beginning April 1, 2010.


8 MASS TRANSPO~TATION OPERATING ASSISTANCE FuND PROGRAM •••••. 136,571,500

9 --------------

10 Special Revenue Funds - Other / Aid to Localities

11 Mass Transportation Operating Assistance Funq - 313

12 Metropolitan Mass Transportation Operating Assistance

13 Account

14 Notwithstanding any inconsistent provision

15 of law, the following appropriations are

16 fbr payment of mass transportation operat-

17 ing assistance provided that payments from

18 this. appropriation shall be made pursuant

19 to a financial plan approved by the direc-

20 tor of the budget.

21 To the metropolitan transportation authority

22 for the operating expenSes of the New York

23 city transit aut~ority, the Manhattan and

24 Bronx surface transit operating authority,

06/11/10

18

1 and the staten Island rapid transit oper-

2

ating authority

3 To the metropolitan transportation authority

4 for the operating expenses of the Long

5 Island rail road company and the Metro-

6

North

commuter railroad company which

7 includes the New York state portion of

8 Harlem, Hudson, Port Jervis, Pascack, and

9 the New Haven. commuter railroad services

10 regardless of whether the services are

11 provided directly or pursuant to joint

12

service agreements

13 To Rockland county for a trans-Hudson bus 14 service to be provided puisuant to a

15 16

between

Rockland county and

contract

Metro-North commuter railroad

17 To the city of New York for the operating

18

of

the Staten Island ferry

expenses

19 notwithstanding any other provisions of

20

law

21 To the county of Westchester for the operat~

22 ing expenses thereof incurred for public

23 transportation services, provided within

24

the county directly _or under contract

25 To the county of Nassau or its sub-grantees

26 27 28

operating

expenses

thereof

for

the

for

incurred

public

transportation

·services

50,000,000

50,000,000

322,500

2,797,500

4,927,500

5,529,500

12278-02-0

06/11/10

19

1 To the county of Suffolk for operating

2

thereof

incurred for public

expenses


4 the county directly or under contract .....••• 2,368,000

5 To the city of New York for the operating

6

thereof

incurred for public

expenses


8 the' city directly or under contract;

9 provided-however, that $2,000,000 of this

10

appropriation

be

for expenses"

shall

11 incurred for the Staten Island expr e ss bus

12 servIce •••..••.••.... , .••••••••.. , .,",', •••.. 7,556,000

13 To all other public transportation systems 14 serving primarily within the metropolitan

15

transportation

as

district,

commuter

16 defined in section 1262 of the'public

17 authorities law, eligible to receive oper-

18 ating assistance under the provisions of

19 section 18-b of the transportation law for

20 the operating expenses thereof in accord-

21 ance with a service and usage formula to

22 be established by the commissioner of

23 transportation with the approval of the

24

director of the budget

2,794,000

25 --------------

26 Program account subtotal , 126,295,000

27 --------------

12278-02-0

06/11/10

20

1 Special Revenue Funds - Other / Aid to Localities

2 Mass Transportation Operating Assistance Fund - 313

3

Transportation

Systems Operating Assistance

Public

4 Account


6 of law, the following appropriations are

7 for payment of mass transportation operat-

a ing assistance provided that payments from

9 this appropriation shall be made pursuant

10 to a financial plan approved by the direc-


12 To

Capital District transportation

the

13 authority for the operating expenses ther-

14 eof II' ......• -. • .. • • .. • • • • • • • • • • • • • • • • .. • • • • •• 1,511,000

15 To the Central New York regional transporta- 16 tion authority for the operating expenses

17 thereof ••..••••••••••••.....••••••••••••••••• 1j457,500

18 To the Rochester-Genesee regional transpor-

19 20

tat ion

authority

for

the

operating

expenses thereof

1,652,500

21 To

Niagara Frontier transportat~on

the

22 authority for the operating expenses ther-

23 eof ••.••••••••••••••.•.•.••••••••••••.•..•... 2,964,000

24 To all other public transportation bus

25 systems serving primarily areas outside of

26 the metropolitan commuter transportation

27 district eligible to receive operating

12278-02-0

06/11/10

21

12278-02-0

1 assistance under the provisions of section

2 18-b of the transportation law for the

3 operating expenses thereof in accordance

4 with the service and usage formula to be

5 established by the commissioner of trans-

6 portation with the approval of the direc-

7

tor of the budget

~ • ill .II ,., ••

2,691,500

8 --------------

9 Program account subtotal •..•.•••.....••... 10,276,500

10 --------------

11 S 9-a. The several amounts specified in this section, or so much ther- 12 eof as shall be sufficient to accomplish the several purposes desig- 13 nated, is hereby appropriated and authorized to be paid as hereinafter 14 provided, to the respective public officers and for the several purposes 15 specified, which amounts shall be available for the state fiscal year 16 beginning Apr11 1, 2010.


18 MASS TRANSPORTATION AND RAIL FREIGHT (CCP)

19 Special Revenue Funds - Other

20 Dedicated Mass Transportation Trust Fund - 073

21 Non-MTA Capital Purpose

06/11/10

22

1 For the payment of operating expenses for

2 public transportation systems eligible

3 to receive operating assistance under

4 the provisions of section 18-b of the

5 transportation law in accordance with

6 the schedule below (17020929) ..•.•.•••••••• 3;685,000

7 SCHEDULE

8 To the Capital District transportation

9 authority for the operating expenses

10 thereof •••....•....•.......•.•.•••••••••••••• 760,000

11 To the Central New York regional transpor-

12

tat ion authority for

the

operating

13 expenses thereof ••••••••••••••.••.....•.•..•. 668,000

14 To ·the Rochester-Genesee regional trans-

15 portation authority for the operating

16 ~xpenses thereof •..........•..••••••••••••••• 732,500

17 To the Niagara Frontier Regional Transpor-

18

tation

Authority

for the operating

19 expenses thereof ••••• ~ '" •••••••.••.••••...•••.• 946,500

20 To all other public transportation bus

21 systems serving primarily areas outside

22

of

the

metropolitan

transportation

23 commuter district eligible to receive

24

assistance

operating

under

the

25 provisions of section 18-b of the trans-

26 portation law for the operating expenses

12278-02-0

06/11/10

23

12278-02-0

1 thereof "in accordance with the service

2 and usage formula to be established by

3 the commissioner of transportation with

4 the approval of the director of the

5 6

budget

578,000

7 Total of schedule .•..••••.•.••••...••••...• 3,685,000

8 ====~=========

9 § 10. The several amounts specified in this section, or so much there- 10 of as shall be sufficient to accomplish the several purposes designated, 11 are hereby appropriated and authorized to be paid as hereinafter 12 provided, to the respective public officers and for the several purposes 13 specified, which amounts shall be available for the state fiscal year 14 beginning April 1, 2010.

15 " DEPARTMENT OF HEALTH

16 CENTER FOR COMMUNITY HEALTH PROGRAM ••.•••• ~ •••••••..••••••.. 10,840,000

17 --------------

" 18 Special Revenue Funds - Other / Aid to Localities

19 HCRA Resources Fund - 061

"20 Health Care Services Account

21 For services and expenses related to the 22 Indian health pr-ogram. The moneys hereby

23

appropriated shall

be

available

for

06/11/10

24

12278-02-0

1 reimbursement to pharmacies participating

2 in such program prior to, on or after

:3 4

April

1,

for

liabilities heretofore

accrued or hereafter to accrue

840,000

5 --------------

6 Program account subtotal •.••••....•.•..•.•••• 840,000

7 --------------

8 Special Revenue Funds - Federal I Aid to Localities

9 Federal USDA-Food and Nutrition Services Fund - 261

10 Federal Food. and. Nutrition Services Account

11 For various federal food and nutritional

12 services. The moneys hereby appropriated

13 shall be available for contracts approved

14 prior to, on, or after April 1, 2010, and

15 for the payment of financial assistance

16

heretofore accrued or hereafter to accrue

10,000,000

17 --------------

18 Program account subtotal •••••••.•..••..••• 10,000,000

19 --------------

20 OFFICE OF LONG TERM CARE 750, 000

21 --------------

22 General Fund / Aid to Localities

23 Local Assistance Account - 001

06/11/10

25

12278-02-0

1 For services and expenses related to trau-

2

matic brain injury including but

not

3 limited to services rendered to individ-

4 uals enrolled in the federally approved

5 home and community based services (HeBS)

6 waiver and including personal and nonper-

7 sonal services spending originally author-

8 ized by appropriations and reappropri-

9 ations-enacted prior to1996. Allor part

.10 of this appropriation may be ·transferred

11 to state operations appropriations. The

12 moneys hereb~ appropriated shall be avail-

13 able for contracts approved prior to, on,

14 or after April 1, 2010, and for the

15 payment of financial assistance heretofore

16 17


750,000

18. Program account subtotal ••••••..••••••..••••• 750,000

19 --------~-----

20 S 11. The amount specified in·this section, or so much thereof as 21 shall be sufficierit to accomplish the purpose designated, is hereby .22 appropriated and authorized to be paid as hereinafter provided, to the 23 public officers and for the purpose specified, which amount shall be 24 available for the state fiscal year beginning April 1, 2010.

06/11/10

26

12278-02-0

1

DEPARTMENT OF LABOR

2 3 4 5

UNEMPLOYMENT INSURANCE BENEFIT PROGRAM .•......•••.....••.•. 195,000,000

Enterprise Funds / State Operations. Unemployment Insurance Benefit Fund - 481

6 For payment of unemployment insurance bene-

7 fits pursuant to articl~ 18 of the labor

8 law·· or as authorized by the Federal

9 government through the disaster unemploy-

10

ment assist~nce program

195,000,000

11 --------------

12 S 12. The several amounts specified in this section, or so much there- 13 of as shall be sufficient to accomplish the purposes designated, are 14 hereby appropriated and authorized to be paid as hereinafter provided, 15 to the respective public officers and for the several purposes speci- 16 fiedt·which amounts shall be available·for the state fiscal year begin- 17 ning April 1, 2010.

18 EDUCATION DEPARTMENT

19

CULTuRAL EDUCATION PROGRAM

. _" :-- .

1,800,000

20 --------------

21 Special Revenue Funds - Federal/State Operations

22 Federal Operating Grants Fund - 290

06/11/10

27

12278-02-0

1 The sum of one hundred thousand dollars ($100,000), or so much thereof 2 as shall be sufficient to accomplish the purpose designated, is he reby 3 appropriated to the state education. department out of any moneys in the 4 special revenue funds - federal to the credit of the federal operating 5 grants fund not otherwise appropriated. The comptroller is hereby 6 authorized and dil:"ected to utilize this appropriation for the purpose of 7 the administration of federal grants for the broadband technology oppor- 8 tunities program (BTOP) as funded by the American recovery and reinvest- 9 ment act of 2009. Ftlnds appropriated herein shall be subject to all

10 applicable reporting· and accountability requirements contained in such 11 act.

12 NONPERSONAL SERVICE

13

Equipment

100,000

14 --------------

15 Amount available for nonpersonal service ••••• 100,000

16 --------------

17 Special Revenue Funds - Federal/Aid to Localities

18 Federal Operating Grants Fund - 290

19 The sum of one million seven hundred thousand dollars ($1,700,OOO), or 20 so much thereof as shall be sufficient to accomplish the purpose desig- 21 nated, is hereby appropriated to the state education department out of 22 any moneys in the special revenue funds - federal to. the credit of the 23 federal operating grants fund not otherwise appropriated. The comp- 24 troller is hereby authorized and directed to utilize this appropriation

06/11/10

28

12278-02-0

1 for the purpose of the administration of federal grants for the broad-

2 band technology opportunities program (BTOP) as funded by the American

3 recovery and reinvestment act of 2009. Funds appropriated herein shall

4 be subject to all applicable reporting and accountability requirements

5 contained' in such act .••••••••••••••••• ~ •••••..•..•.•.•.••••.. 1,700,000

6

-------_... .....

------------_ _ ....

7 § 13. The amount specified in this section, or 50 much thereof as

8 shall 'be sufficient to accomplish the purpose designated, is hereby


10 public officers and for the purposes specified,.which amount shall be

11 available for the state fiscal year beginning April 1, 2010.

12 DIVISION OF VETERANS' AFFAIRS

13 BLIND, VET~ ANNUITY ASSISTANCE PROGRAM .••.••.. 500,000

14 --------------



-,

17 For payment of annuities to blind veterans

21

age costs associated with this program .••••••••.

500,000

18 and . eligible surviving spouses. Up to

19

$15,000 of this appropriation may

be

20 transferred to state operations for post-

22

06/11/10

29

12278-02-0

1 S 14. Section 14 of chapter 108 of the laws of 2010, relating to 2 making appropriations for the support of government, is amended to read 3 as follows:

4 § 14. The several amounts specified in this section, or so much there- 5 of as shall be sufficient to accomplish the purposes designated, are 6 hereby appropriated and authorized to be paid as hereinafter provided, 7 to the respective public officers and for the several purposes speci- 8 fied, which amounts shall be available for the state fiscal year begin- 9 ning Apr if" 1, zo io.

10 DEPARTMENT OF MENTAL HYGIENE

11 OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES

12 COMMUNITY SERVICES PROGRAM ••..••........•....•••••...•....•• 34,200,000

13 --------------



16 For services and expenses related to the

17 provision of individual support services ••.•• 2,000,000


19 provision of family support and other

20 services to the developmentally disabled ••.•• 5,200,000

21 --------------

23 .-----------~--

22 Program account subtotal .~ •••....•••••.•.•• 7,200,000

06/11/10

30

1 Special Revenue Funds - Other I Aid to Localities

2 Miscellaneous Special Revenue Fund ~ 339

3 Mental Hygiene Patient Income Account


5 provision of [residential] services to the

6 developmentally disabled ••••••.•....•.••••••• 2,000,Oao

7 -------.-------

8 Program account subtotal •.••••...••..•.••.. 2,000,000

9 --------------

10 Special Revenue Funds - Other I Aid to Localities

11 Miscellaneous Special Revenue Fund - 339

12 OMRDD - Provider of Service Account

l~ For services and expenses related to mental

14 retardation and developmental disabilities

15 services associated with the New York

16 state options for people through services

17 (NYS-OPTS) initiative, in accordance with

18 a programmatic and fiscal plan to be

19 approved by the director of the budget.

20 Notwithstanding any provision of law to the

21 . contrary, the director of the budget is

22

authorized to make suballocations from

23

this appropriation to the department of

24 health medical assistance program.

12278-02-0

I I·

I

I

06/11/10

31

12278-02-0

1 Notwithstanding any other provision of law,

2

the money hereby appropriated may

be

3 transferred to state operations and/or any

4 appropriation of the office of mental

5 retardation and developmental disabili-

6 ties, with the approvar of the director· of

7 . the budget who shall file such approval

8 with the department of audit and control

9 and copies thereof with the chairman of

10

the

senate finance committee and the

11 chairman of the assembly ways and means

12 committee.

13 Notwithstanding any provision of law to the

14 contrary, the moneys hereby appropriated,

15 or so much thereof as may be necessary,

16 are to be available for the purposes here-

17 in specified for obligations heretofore

18


25,000,000

19

- .

------------_-

20

Program account subtotal .•..•.•••.•••.•..• 25,000,000

21

22

SIS. The several amounts specified in this section, or so much there-

23 of as shall be sufficient to accomplish the purposes designated, are

24 hereby appropriated and authorized to be paid as hereinafter provided,

25 to the respective public officers· and for the several purposes speci-

26 fied, which amounts shall be available for the state fiscal year begin-

27 ning April 1, 2010.

06/11/10

32

1 2

DEPARTMENT OF FAMILY ASSISTANCE OFFICE OF CHILDREN AND FAMILY SERVICES

3

STATE OPERATIONS AND AID TO LOCALITIES

2010-11

12278-02-0

4 FAMILY AND CHILDREN'S SERVICES PROGRAM .•••••••••.•.•••••.•• 776,692,900

5 --------------



8 Notwithstanding paragraph (a) of subdivision

9 1 of section 153-k of the social services

10 law and any other provision of law to the

11 contrary, for state fiscal year 2010-2011,

.12 the amount appropriated herein shall be

13 made available to reimburse 95.4 percent

14 of 65 percent of eligible s6cialservioes

15 district expenditures that are claimed by

16 March 31, 2011 for child welfare services

17 which shall include. and be limited to

18 preventive services provided pursuant to

19 section 409-a of the social services law

20 other than community optional preventive

21 servicesr child protective services, inde-

22

pendent

living

services,

after-care

23 services as defined in regulations of the

24

department of family

and

assistance,

06/11/10

33

12278-02-0

1

adoption

administration

and services,

2 other than adoption subsidies provided

3 pursuant to title 9 of article 6 of the

4 social services law and regulations of the

5 department of family assistance incurred

6 on or after October 1, 2009 and before

.7 October.l, 2010 and that are otherwise

8 reimbursable by the state on or after

9 April r; 2010, after first deducting ther-

10 efrom any federal.funds properly received

11 or to be received on account thereof upon

12

certification

by

the social services

13 district that it will not be using these

14 funds to supplant other state and local

15 funds and that the district will not

16 submit claims for reimbursement under this

17 appropriation for the same type and level

18 of services that the county previously

19 provided and claimed under any contract in

20 existence on October 1,· 2002 as other than

21 child protective, preventive, independent

22 living, af t er care or adoption services or

23 adoption administration.

24 The money hereby appropriated is to be

25 available for payment of state aid hereto:-

26 fore accrued or he'r eaf t e r to accrue to

27 municipalities. Subject to the approval of

28 the director of the budget, the money

. '

06/11/10

34

12278-02-0

1 hereby appropriated shall be available to

2 the office net of disallowances, refunds,

5

provision of law, for a district

to

3

reimbursements,

and credits~ provided,

4 however, that notwithstanding any other

6 receive reimbursement for such services,

7 the amount of funds that the district

11

funds

transferred

at

the district's

8 expends on such services from its flexible

9 fund for family services allocation and

10 any flexible fund for family services

.12 request to the title XX social services

13 block grant must, to the extent that fami-

14 lies are eligible therefore, be equal to

15 or greater than the district's portion of

16 the $342,322,341 statewide child welfare

17 threshold amount, which shall be estab-

18 lished pursuant to a formula developed by

19 the office of temporary and disability

20 assistance and the office·of children and

21 family services and approved by the direc-


23 Notwithstanding any other· provision of law,

24 selected social services districts may
25 authorize the office of temporary and
26 disabili ty assistance to intercept a
27 portion of the funds on behalf of the
28 office of children and family services 06/11/10

35

12278-02-0

1 otherwise due to the districts under this

2

appropriation

and/or

under any other

3 general fund - aid to localities appropri-

4

ation

available to such districts to

5 suballocate to the office of mental health

6 and subsequently for suballocation from

7 the office of mental healtp to the depart-

8 ment of health to use for the 38.9 percent

9 of the-- non-federal share of the medical -

10 assistance payments for home and community

11 based waiver services provided in accord-

12 ance with subdivision 9 of section 366 of

13 the social services law as authorized by

14 such selected social services distticts

15 which choose to use preventive services

16 funds to support such costs.


18 social services districts may authorize


20 assistance to intercept a portion of the

21 funds on behalf of the office of children

22 and family services otherwise due to the

23 districts under this appropriation and/or

24 under any other general . fund '_ aid- to

-- 25 localities appropriation available to such

26 districts to transfer to any miscellaneous

27 special revenue fund available to the

28 office of children and family services to

06/11/10

36

12278-02-0

1 use for the local share of the federal
2 funds available for education and training
3 vouchers provided in accordance with
4 section 477 of title IV-E of the social
5 security act as authorized by such social
6 services districts which choose to use
7 funds to support such costs. 8 Notwithstanding any inconsistent provision

9 of l·aw,. tIie amount herein appropriated may

10 be transferred to any other appropriation

11 within the office of children and family

12 services and/or the office of temporary

13 and disability assistance and/or suballo-

14 cated to the office of temporary and disa-

15

bility

assistance for the purpose of

22

family services general fund

local

16 paying local social services districts'

17 costs of the above program and may be

18 increased or decreased by interchange with

19 any other appropriation or with any other

20 item or items within the amounts appropri-

21 ated within the office of children and

23 assistance account with the approval of

24 the director of the budget who shall file

25 such approval with the department of audit

26 and control and copies thereof with the

27 chairman of the senate finance committee

06/11/10

37

12278-02-0

1 and the chairman of the assembly ways and

2 means committee.

3 Notwithstanding any i,nconsistent provision

4 of law, in lieu of payments authorized by

5 the social services l~w, or payments of

6 federal funds otherwise due to the local

7 social services districts for programs

8 provided under the federal social security

9 act or the federal food s t'amp act, funds

10 herein appropriated, in amounts certified

11 by the state comptroller or the state 12 commissioner of health as due from local

13 social services districts each month as

14 their· share of payments made pursuant to

15 section 367-b of the social services law

16 may be set aside by the state comptroller

17 in an interest bearing account with such

18 interest accruing to the credit of the

19 locality in order. to ensure the orderly

20 and prompt payment of providers unde·:r

21 section 367-b of th~ social services law

22 pursuant to an estimate provided by the

23 commissioner of health of each· local

24

social

services

district's

share of

25 payments made pursuant to section 367-b of

26· the soeial services law.

27 Notwithstanding the provisions of any other 28 law .to the contrary, the office of chil-

06/11/10

38

12278-02-0

1 dren and family services may, on behalf of

2

local social services districts,

make

3 payments for adoption subsidies by direct

4

deposit

or

debit card. Local social

5 services districts shall reimburse the

6 office for the costs of administering such

7 direct deposit or debit card payments.


9 of the social services law or the state

10 finance law, the office of children and

11 family services shall, on a. quarterly

12 basis, request that the office of tempo-

13 rary and disability assistance reimburse

14 the office of children and family services

15 in an amount equal to 38 percent of the

16 non-federal share of the costs of adminis-

17 tering such direct deposit or debit card

18 payments to capture the local share of

19 such costs.

20 Notwithstanding any other provision of l<iw,


22 shall reissue per diem rates, required

23 pursuant to section 529 of the executive

24 law, for calendar years 2002 through 2009

25 to remove any adjustments to the costs

26 included in 'determining such rates to

27 reflect any changes in federal funding

28 made available to the office or to local

06/11/10

39

12278-02-0

1 social services districts for such costs

2 and, provided further, the office shall

3 not include any such adjustments in per

4 diem rates established hereafter.

5 All

reimbursement made by local social

6 service~districts for care, maintenance

7 and. supervision under this section shall

8 be paid directly to the state through the

9 office of children arid family·services for

10

deposit

into

a miscellaneous special

11 revenue fund known as the youth facility

12 per diem account.


14 if a social services district fails to

15 provide reimbursement to the office of

16 children and family services pursuant to

17 section 529 of the executive law within 60

18 days of receiving a bill for services

19 under such section, or by the date certain

22

offices of the ~epartment

of

family

20

set

by

such

office

for

providing

21 reimbursement, whichever is later, the

23 assistance are authorized to exercise the

24 state's set-off rights by withholding any

25 26

amounts due and owing to such district

i .

under this appropriation, up to

such

27 amounts due and owing to the state under

28 section 529 of the executive law and

06/11/10

40

1 transferring such funds to the special

2 revenue other youth facilities per diem

3 account.

4 Notwithstanding any law to the contrary, and

5 in accordance with section 4 of the state

6 finance law, the comptroller is hereby

7 authorized and directed to transfer, upon

8 request of the director of the budget, on

9

before

up to

March' 31,

2011,

or

10 $69,000,000 from the miscellaneous special

11 revenue fund (339), youth facility per

12

diem account (YF), to the general fund

13 Notwithstanding any other provision of law, 14 15 16 17 IB

the amount appropriated herein shall be
available to reimburse for 98 percent of
65 percent of eligible social services
district expenditures that are claimed by
March 31, 2011 for·those community preven- 19 tive services provided from October 1,

20 2009. through September 30, 2010 at a cost

21 that does not exceed the cost that was in

22 effect on October 1, 200B. and that a

23 social services district can demonstrate

24 had been approved by the office of chil-

25 dren and family services on or before

26 October 1, 2008; provided, however, that

27 should insufficient funds be available to

2B provide state reimbursement for 98 percent

669,517,000

12278-02-0

06/11/10

41

1 of 65 percent of such costs, reimbursement

2

shall

be made proportionally to each

3 district based on the percentage of their

4 total eligible claims to the amount appro-

5 priated; and, provided further, however,

6 that if the amount appropriated exceeds

7 the amount of funds necessary to reimburse

8 98 percent of 65 percent of the eligible

9 social -~ervices district expenditures, the

10 office may, to the extent funds are avail-

11 able; provide reimbursement for 98 percent

12 of 65 percent of eligible social services

13 district expenditures for new community

14 preventive services programs approved by

15 the office and only up to-the amounts

16 approved by the office. A local social

17 services district seeking federal and/or

18 state reimbursement for community preven-

19 tive services provided on.oL after October

20 1, 2009 must submit claims that separately

21 -identify the costs of such services in a

22 form and manner and at such times as are

23

required

~y the department of family

24 assistance and must submit to. the office

25 of children and family services informa-

26

tion regarding the outcomes

of

such

27 services in a form and manner and at such

28 times as required by the office •••..••..•••. 24,249,500

12278-02-0

06/ll/10

42

1 For state aid to reimburse 100 percent of

2

social

district expenditures

services

3 related to the improvement of staff to

4 client ratios in the local district child

5 protective workforce including, but not

6 limited to new hiring to increase the

7 number of caseworkers and to increase the

B number of supervisory staff in the local

9 district child protective workforce. Each

10 social services district receiving these

11 funds shall certify that the district will

12 not be using these funds to supplant other

state

and

local funds and that the

district will not submit

claims

for

15 reimbursement under this appropriation for

16 the same type and. level of funding so

17

certified; provided, however,

that

18 district may use these funds for expendi-

19 tures to continue or expand activities

20 that were funded· with last year's appro-

21 priation that was enacted for this purpose

22


24 of law, subject to an expenditure plan

25 approved by the director of the budget,

26 for eligible services and expenses of

27 improving the quality of child welfare

28 services that may include, but not be

a

1,514,400

12278-02-0

06/11/10

43

1 limited to, training to mandated reporters

2 regarding the proper identification of and

3 response to signs of child abuse and

4 neglect, public information programs and

5 services that advance a zero tolerance

6 campaign of child abuse and neglect, and

7 demonstration projects to test models for

8 new or targeted expansion of services

9 beyond -the level currently funded by local

10 II

social

including

services

districts

continuing

to

contract with existing

12 providers that are performing satisfac-

13 torily .•.•••...•.•.•..••. , .•••....•..•.•••.•. 1,796,400

14 For services and expense~ of certain child

15 fatality review teams approved by the

16 office of children and family services for

17

of investigating and/or

the

purposes

18 reviewing the death of children •••...••...• ~ •. ~ 819,100

19For services and expenses of certain local

20 or regional multidisciplinary child abuse

21 investigation teams approved by the office

22 of children and family services for the

23

investigating

reports of

purpose

of

24 suspected child abuse or maltreatment and

25 for· new and established child advocacy

26 centers ••..•....••••.•••••..••..•••...••.•..• 5,229,900

27 Notwithstanding any other provision of law, 28 for services and expenses to initiate

12278-02-0

06/11/10

44

1

and/or continue

modifications·

program

2 and/or to provide services including, but

3

not limited to, demonstrate

effective

4 programs such as evidence-based initi-

5 atives for alternatives to detention for

6 persons alleged or determined .to be in

7 need of supervision or otherwise at risk

8 9·

of

placement in the juvenile justice

system and for services and

expenses

10 related to reducing office of children and

11 family services institutional placements

12

modifications

and/or

through

program

13 services including, but not limited to,

14

abuse

mental

and

substance

health

15 programs, demonstrated effective programs

16

such as evidence-based initiatives

to

17 divert youth at-risk of placement with the

18 office of children and family services

19 and/or as alternatives to· residential

20

placements with such office.

Notwith-

21 standing any other provision of law to the

22 contrary,. the office may authorize one or

23 more demonstration projects to co-locate

24 respite beds for youth alleged or at risk

25 of juvenile delinquency in a runaway and

26 homeless youth program •••.•.....•••••••••..•• 2,215,000

27 Of

appropriated

herein,

the

amount

28 $21,245,350 shall be available as follows:

12278-02-0

06/11/10

45

12278-02-0

1 For services and expenses related to locally

2 operated youth development and delinquency

3 prevention programs. No expenditure shall

4 be made from this appropriation until a

5 plan has been approved by the director of

'6 the budget and a certificate of approval

7 allocating these funds has been issued by

8 the director of the budget.

9 Notwithsfanding the provisions of section

10 420 of the executive law which would

11 require expenditure of state aid for youth

12 programs in a total amount greater than

13 $21,245,350, for payment of state aid for

14 programs pursuant to article 19-A of the

15 executive law, for delinquency prevention

16 and youth development. Notwithstanding the

17· provisions of section 420 of the executive

18 law, eligibility for state aid reimburse-

19 ment for counties which do not participate

20 in the county comprehensive planning proc-

21 ~ss shall be determined as follows: the

22 aggregate amount of state aid for recre-

23 ation, youth service and similar projects

24 to a county and municipalities within such

25 county shall not exceed $2,750 of which no

26 more than $1,450 may be used for recre-

27 ation projects, per 1,000 youths residing

28. in the county based on a single count of

06/11/10

46

12278-02-0

1 such youths as shown by the last published

2 federal census for the county certified in

3 the same manner as provided by section 54

4 of the state finance law. The office shall 5 not reimburse any claims unless they are

6 submitted within 12 months of the project

7 year in which the expenditure was made.

B Notwithstanding any law to the contrary,

9 the office of children and family services·

10 may ·require that such claims for youth

11

development and delinquency

prevention

12. programs be submitted to the office elec-

13

tronical1y in the manner

and

format

14 required by the office.

15 of the amount appropriated herein $6,998,050

16 shall be available as follows:

programs providing special

delinquency

17 For

services

and

expenses related to

IB 19 20

21

prevention

or other youth development

such programs from this

appropriation

services. No expenditure shall be made for

22 until a plan has been approved by the

23 director of the budget and a certificate

24 of approval allocating these funds has

25 been issued by the director of the budget.

26 The office shall not reimburse any claims

27 unless they are submitted within 7 months

28 of the project year in which the expend i-

06/11/10

47

12278-02-0

1 ture was made. Notwithstanding any law to

2 the contrary, the office of children and

3 family services may require that such

4 claims for special delinquency prevention

5 or other youth development services be

r

6 submitted to the office electronically in

7 the manner and format required by the

8 office.

9 For direc-t contracts with private not-for-

10 profit community agencies to provide need-

11 ed services for the operation of programs

12

to

prevent

juvenile

delinquency and

15

documented that private

not-for-profit

13 promote youth development, and through an

14 allocation to public agencies where it is

27

be allocated by local

youth

bureaus

16 community agencies are not available to

17 provide such services. Moneys shall be

18 made available to community agencies in

19 counties outside the city of New York

20 based on a statewide allocation formula

21 determined by each county's eiigibility

22 for comprehensive planning funds as a

.23 proportion of the statewide total provided

24 under paragraph a of subdivision 1 of

25 section 420 of the executive law. Moneys

26 made available to community agencies shall

28 subject to final funding determinations by

06/11/10

48

1 the commissioner of children and family

2 services and approved by the director of

3 the budget.

4 For direct contract with private not-for- 5· profit community agen~ies to provide need- 6 ed services for the operation of programs

7

juvenile

delinquency and

to

prevent

8 promote youth development, and through an

9 allocation to public agencies where it is

10

documented that private

not-far-profit

11 agencies are not available to provide such

12 services.


14. of law, moneys shall be made available to

15 co~unity agencies in cities with popu-

16 lations greater than 275,000 and to commu-

17

nity agencies statewide

18 For payment of state aid for programs for

19 the provision df services to runaway and

20 homeless youth pursuant to subdivisions 2,

21 3 and 4 of section 420 of the executive

22 law and pursuant to chapter 800 of the

23 laws of 1985 amending the runaway and

24 homeless youth act for the provision of

25 transitional independent living support

26 services and the establishment and opera-

27 tion of young adult shelters for youth

28 between the ages of 16 and 21; the office

28,243,400

12278-02-0

06/11/10

49

1 of children and family services shall not

2

reimburse

any claims unless they are

3 submitted within 12 months of the calendar

4 quarter in which the claimed service or

5 services were delivered. Notwithstanding

6 any law to the contrary, the office of

7 children and family services may require

8 that such claims for provision of services

9 to runaway and homeless youth be submitted

10 to the office electronically in the manner

11 and format required by the office. No

12

expenditures shall be made from

this

13 appropriation until an annual expenditure

14 plan is approved by the director of the

15 budget and a certificate of approval allo-

16 cating these funds. has been issued by the

17 director of the budget and copies of such

18 certificate or any amendment thereto filed

19 with the. state comptroller, the chair-

20 person of the senate finance committee and

21 the chairperson of the assembly· ways and

22

mean~ committee

23 For services and expenses provided by local

24 probation departments, for the post-place-
25 ment care of youth leaving a youth resi-
26 dential facility and for services and
27 expenses of the office of children and
28 family services related to community-based 4,711,600

12278-02-0

06/11/10

50

1 programs for youth in the care of the
3 which may include but not be limited to
4 multi-systemic therapy, family functional
5 therapy and/or ·funct ional therapeutic
,
6 foster care, and electronic monitoring. 7 Funds appropriated herein shall be made

8 available subject to the approval of an

9 expenditure plan by the director of the

10 budget ••••..• ~ ...........•...••....••.•........ 623,400

11 For services and expenses of kinship care

12 programs. Such funds are available pursu-

13 ant to a plan prepared by the office of

14 children and family services and approved

15 by the director of the budget to continue

16 or expand existing programs with existing

17

are

satisfactorily

contractors

that

18 performing as determined by the office of

19 children and family services, to award new

20 contracts to continue programs where the

21 existing contractors are not satisfactori-

22 ly performing as ·determinedby the office

23 of children and family services and/or

24 award new contracts through a competitive

25 process ••••••..•.••.•...•...•.....•••••......•• 677,500


27 home visiting program. Such funds are to

28 be available pursuant to a plan prepared

12278-02-0

06/11/10

51

1 by the office of children and family

2 services and approved by the director of

3 the budget to continue or expand existing

4 programs with existing contractors that

5 are satisfactorily performing as deter-

6 mined by the office of children and f~mily

7 8 9

services,

to

award new contracts to

continue programs where

the

existing

are

not

satisfactorily


11 children and family services and/or to


13 process •.....••••.....••.....••...•.•..••.•• 2~,288,200

14 For services and expenses of the William B.

15 Hoyt memorial children and family trust

16 fund, for prevention and support service

17 programs for victims of family violence

18 pursuant to article 10~A of the social

19 services law. Funds appropriated herein

20 may be transferred to the office of chil-

21 dren and family services .miscellaneous

22 special revenue fund, children and family

23

trust fund

1,243,700

24 For services and expenses . of the Catholic

25 Family Center in Rochester to establish

26 and operate a statewide kinship informa-

27 tion and referral network .•..•••••....••••..•.. 220,500

12278-02-0

06/11/10

52

12278-02-0

1 For services and expenses of the advantage

2 after school program. Such funds are to be

3 available pursuant to a plan prepared by


5 and approved by the director of the budget

6 to extend or expand current contracts with

7 community based organizations, to award

8 new contracts to continue programs where

9 the existing contractors are not satisfac-

10 torily performing as determined by the


12 and/or to award new contracts through a

13 competitive process to cominunity based

14 organizations ....•.....••.••...••..••••••••• 11,433,300


1,6 17

settlement house program

900,000

18 Program account subtotal ••••••••••••••••• 776,692,900

19 --------------

20 S 16. The several amounts specified in this section, or so much there- 21 of as shall be sufficient to accomplish the purposes designated, are 22 hereby appropriated and authorized to be paid as hereinafter provided, 23 to the respective public officers and for the several purposes speci- 24 fied, which amounts· shall be available for the state fiscal year begin- 25 ning April 1, 2010.

06/11/10

53

12278-02-0

1 DEPARTMENT OF FAMILY ASSISTANCE

2 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

3 STATE OPERATIONS AND AID TO LOCALITIES 2010-11

4 EMPLOYMENT AND ECONOMIC SUPPORT PROGRAM •..••••••..••••••• 3,204,634,000

5 --------------

6 Generar-Fund / Aid to Localities


8 For state reimbursement of social services

9 district expenditures for public assist-

10 ance programs, including but not limited

11 to the family assistance, safety net and

12 disability assistance programs established

13 pursuant to chapter 436 of the laws of

14 1997 enacting comprehensive welfare reform

15 and of its predecessor programs and for

16 related expenditure~ authorized by sbcial

17 services law.includin9 but not necessarily

18 limited to those for emergency assistance

19 for families and for state reimbursement

20 of expenditures of predecessor programs.

21 Such funds are to be available for payment

23

. accrue .to muni cipal it ies. Subject ·to the

I

i

22 of aid heretofore accrued or hereafter to

24

approval of the director of the budget,

06/11/10

54

12278-02-0

1 such funds shall be available to the

2 office of temporary and disability assist-

3 4

ance,

net

of disallowances, refunds,

reimbursements,

and credits, including

5 those related to title IV-E of the social

6 security act and to the state share of

7 child support collections for persons in

8 receipt of public assistance, and includ-

9 ing, but not limited to, additional feder-

10 a.L funds resulting from any changes in

11 federal cost allocation methodologies.


13 of law., the amount herein appropriated may

14 be increased or decreased by interchange

15 with any other appropriation within the


17

ance general fund

locql

assistance

18 account with the approval of the director

19

of the budget, who shall

file

such

20 approval with the department of audit and

21 control and copies thereof with the chair-

22 man of the senate finance committee and

23 the chairman of the assembly ways and

24 means committee.


26 of law, funds appropriated herein shall be

27 used by the office to reimburse 50 percent

28

of

the non-federal share of approved

06/11/10

55

12278-02-0

1

expenditures made by

social

services

2 districts on or after April 1, 1996, after

3 4

first funds

deducting therefrom any federal received or to be received on

5 account thereof, for .emergency shelter,

6

transportation,

or

nutrition payments

7 which the district determines are neces-

8 saryto establish or maintain independent

9 living arrarigements among persons who have

10

been

medically diagnosed

as

having

11 acquired immunodeficiency syndrome (AIDS)

12 or HIV-related illness and who are home-

13 less or are faced with homelessness and

14 for whom no viable and less costly alter-

15 native housing is available~ provided,

16 however, that funds appropriated herein

17 may only be·used for such purposes if the

18 cost of such allowances are not eligible

19 for reimbursement under medical assistance

20 or other p~ograms.


22 of law to the contrary, funds appropriated

23 herein may be used to reimburse social

24 services districts for SO percent of the

25 non-federal cost of residential shelters

accordance with section 131-u of

the

26 27

for

victims

of domestic violence in

28 social services law. To the extent that

06/11/10

56

12278-02-0

1

payments for residential services

for

2 victims of domestic violence are made from

3 this appropriation, such payment shall

4 only be made in accordance with standards

5 of payment established by the office of

6 children and family services or its prede-

7 cessot under provisions of chapter 838 of

8 the laws of 1987 and approved by the

9 director of the budget for victims of

10 domestic violence where such services are

11

provided

by

residential programs for

12 victims of domestic violence operated by

13 not-for-profit corporations or the city of

14 New York.

15 Notwithstanding section 153-f of the social

16 services law, or any other inconsistent

17 provision of law, after deducting the

18 amount of federal funds properly received

19 or to be. received by each sOQial services

20 district on account of expenditures made

21 . by such district pursuant to subdivision

22

3-c of section 13l-a of

the

social

23 services law, funds appropriated herein

24 may be used by the office to reimburse 50

25 percent of any such local expenditures not

26 fully reimbursed under section 153-f of

27 the social services law prior to April 1,

28 1992.

06/11/10

57

12278-02-0


2 of law, except as provided for in chapter

3 81 of the laws of 1995, funds appropriated

4 herein may not be used to reimburse social

5

services

districts

for more than 50

6

percent of the non-federal

share

of

7 expenditures related to state charges.

8 This prohibition shall apply to all such

10

. on which expenditures

were

made

or

9 reimbursement without regard to the date

11 services provided.

12 Funds appropriated herein, as matched by

13 federal and local funds in accordance with

14 section 153 ~f the social services law,

15 may be used to provide rent supplements at

16 local option to public assistance house-

17 holds in order to prevent eviction and

19 social services district plans approved by

18 address homelessness in accordance with

20 the office of temporary and disability.

21 assistance and the director of the budget,

22 . provided, however, that such supplements

23 shall not be part of the standard of need

24 pursuant to section 131-a of the social

25 services law.


27 of law, the commissioner of the office of

28 temporary and disability assistance, with

06/11/10

58

1 the approval of the director of the budg-

2

et, shall be authorized

to

exercise

3 discretion in federal expenditure report-

4 ing without claiming federal reimbursement

5 for certain cases in receipt of family

6 assistance or safety net assistance, in

7 order to meet federal requirements and

8 further the interests of the state.

9 Notwithstanding section 153 of the social


11 provision of law, such appropriation shall

12 be available for reimbursement of eligible

13 claims incurred on or after January 1,

14 2010 and before January 1, 2011 that are

15 otherwise reimbursable by the state on or

16 after April 1, 2010 and that are claimed

17 by March 31, 2011. Such reimbursement

18 shall constitute total state reimbursement

19 for activities funded herein in state

20

fiscal year 2010-2011

........ ~ .. ~ " .

21 For the services of a program to provide

22 homelessness . prevention and services to

23 prevent eviction of families with children

24

receiving temporary

Funds

assistance.

25 appropriated herein shall be awarded to

26 conrrnunity based organizations to provide

27 eviction prevention activities to eligible

28 . families, including but not limited to.

330,000,000

12278-02-0

06/11/10

59

1 risk assessment, service plan development,

2

advocacy services and

services

legal

3 referral. Notwithstanding section 153 of

4 the social services law or any other

5

inconsistent provision of

law,

funds

6 appropriated herein shall be used to reim-

7 burse the full non-federal share of any

8 approved expenditures ..•.•••.••..•...•••••••• 3,400,000

9 For services and expenses of a program,

10 pursuant to section 35 of the social

,

11 services law, providing legal represen-

12 tation of individuals whose federal disa-

13 bility benefits have been denied or may be

14

discontinued.

The· commissioner

shall

15 reduce reimbursement otherwise payable to

16 social services districts to ensure that

17 social services districts shall financial-

18 ly participate in additional legal repre-

19 sentation expenditures made pursuant to

20 this provision. Such reduction in local

21 reimburse;ment shall ·be allocated among

22 districts by the commissioner based on the

23 cost of, and number of d i st r i.ct residents

24 served by, each legal assistance program,

25 or· by such alternative cost allocation

26

appropriate

procedure deemed

by

the

27

commissioner

after

consultation

with

28

social services officials

2,380,000

12278-02-0

06/11/10

60

1 For services to support human immunodefici-

2

virus

welfare-to-work

ency

specific

3 programs. Components of each such program

4 shall include, but not be limited to,

5 on-the-job training and employment. Each

6 such program shall guarantee that individ-

7 uals completing the program obtain. full-

8

time

employment with health insurance

9 coverage. The office of temporary and

10 disability assistance, in conjunction with

11 the AIDS institute of the department of

12 health, shall select the organizations to

13 operate such programs through a compet-

14 it i ve bid process 1,161,000

15

16 Program account subtotal •••••••••......••.• 336,941,000

17 --------------

18 Special Revenue Funds - Federal/Aid to Localities

19 Federal Health and Human Services Fund - 265

20 For services and expenses under the tempo-

21 rary assistance for needy families block

22 grant, including but not limited to the

23 family assistance program, the emergency

24 assistance to families program, and the

25 safety net prbgram.

12278-02-0

06/11/10

61

12278-02-0

1 Such funds are to be available for payment

2 of aid heretofore accrued or hereafter to

3 accrue to municipalities. Subject to the

4 approval of the director of the budget,

5 such funds shall be available to the

6 department of family assistance net of

7

disallowances,

refunds, reimbursements,

8 and credits including, but not limited to,

9 additional federal funds resulting from

10 any changes in federal cost allocation

11 methodologies.


13 of law, the amount herein appropriated may

14 be. increased or decreased by interchange

15 with any other appropriation ·within the


17

ance

federal fund

local assistance


19

of

the

budget, who shall file such


21 control and copies thereof with the chair~


23 the chairman of the assembly ways and

24 means committ~e.

25 Funds appropriated herein, as matched by

26 state and local funds in accordance with

27 section 153 of the social services law,

28 may be used to provide rent supplements at

06/11/10

62

12278-02-0

1 local option to family assistance house-

2 holds and to cases that include a child in

3 receipt of safety net assistance in order

4 to prevent eviction and address homeless-

5 ness in accordance with social services

6 district plans approved by the office of

7 temporary and disability assistance and

8 the director of the budget, provided,

9 however, that such supplements shall not

10 be part of the standard of need pursuant

11 to section l31-a of the social services

12 law.

13 Amounts appropriated herein may, subject to 14 the approval of the director of the budg-

15 et, be used to reimburse social services

16 districts for 100 percent of the expendi-

17 tures for foster care made on and after

families, other than juvenile

justice

18 19 20

October 1, 2009 provided to

children

eligible

for emergency assistance for

21 services and other than tuition costs for

22 foster care children who are eligible for

23 emergency assistance for families and are

24 in the custody of the commissioner of any

25 local social services district with a

26

population in excess of

two

million

27 persons and, subject to the approval of

28 the director of the budget, the commis-

06/11/10

63-

12278-02-0

1 sioner of the office of children and fami-

2 ly services, in consultation with the

3 commissioner of labor and the commissioner

4 of the office of temporary and disability

5 assistance, may exclude foster care and

6 foster care administration costs incurred

7 on behalf of children in foster care

8 placements who are at least 19 years of

9 age.



12 provision of the social services law or

13 this chapter, the commissioner of' the


15 ance, upon consultation with the commis-

16 sioner of the office of children and fami-

17 ly services and subject to the approval of

18 the director of the budget, may reduce

19 federal financial .participation in the

20

cost· of

eligible

public

assistance

21 expenses, including but not limited to,

22 the family assistance program, the emer-

23 gency assistance for families program and

24

their

administration

paid

to social

25 services districts by the amount of feder-

26 a1 financial participation received by

27 each district for foster care pursuant to'

28 this provision and shall require each

06/11/10

64

12278-02-0

8

eligible for emergency assistance

for

1 district to be responsible for 100 percent

2 of the additional non-federal cost that

3 results from such reduction in federal

4 financial participation in an amount not

5 to exceed the actual amount of federal

6 temporary assistance for needy families

7 funds for foster care provided to children

9 families pursuant to this appropriation.

10 The commissioner of the office of tempo-

11 rary and disability assistance may require

12 each social services district to make

13 necessary adjustments in claims for eligi-

14 ble public assistance expenses to effectu-

15 ate the reduction in federal financial

16 participation required herein.



19 provision of the social services law or

20 this chapter, the commissioner of the


22 ance may not reduce federal financial

23

.participation in

local

administrative

24 expenses for a social services distri6t

25 until the reduction in federal financial

26 participation in. all other expenditures

27 for such public assistance programs has

28 been reduced by 95 percent of estimated

06/11/10

65

1 expendi tures. otherwise eligible for feder-
2 al financial participation unless other-
3 wise waived by the commissioner.
4 Notwithstanding section .153 of the social 5 services law, or any other inconsistent

6 ~rovision of law, such appropriation shall



9 2010 an·if before January 1, 2011 that are

10 otherwise reimbursable on or after April

11 1, 2010 and that are claimed by March 31,

12 2011. Such reimbursement shall constitute

13 total federal reimbursement for activities

14 15

funded herein in

year

fiscal

state

2010-2011

16 For services and expenses under the tempo-

17 rary assistance for needy families block

18 grant, including but not limited to the

19 family assistance program, the emergency

20 assistance to families program, and the

21 safety net program.


23

of law, the amount herein appropriated may

24 be increased or decreased by interchange

25 with any other appropriation within the


27

federal fund

local assistance

ance


881,000,000

12278-02-0

i

06/11/10

66

1

of

budget, who shall file such

the


3 control and copies thereof with the chair-


5 the chairman of the assembly- ways and

6 means committee.



9 provision·of law, such appropriation shall



12 2010 and before January 1,2011 that are

13 otherwise reimbursable on or after April

14 1, 2010 and that are claimed by March 31,

15 2011. Such reimbursement shall constitute

16 total federal reimbursement for activities

17

funded herein in

fiscal

state

year

18 2010-2011.

19 Consistent

with the purposes and rules

20 established in the American recovery and

21 reinvestment act of 2009, the emergency

22 contingency fund for temporary assistance

23 for needy families state program, funds

24 appropriated herein shall be subject to

2S all applicable reporting and·accountabil-

26 ity requirements contained in such act· •.••. 547,000,000

12278-02-0

06/11/10

67

1 For expenses associated with the operation

2 of the statewide electronic benefit trans-

3 fer (EBT) system; the common benefit iden-

4 tification card (CBIC); and the automated

5

finger imaging system (AFIS)

6 Funds appropriated according to the follow-

7 ing shall be available for payment of aid

8 heretofore accrued or hereafter to accrue

9

municipalities. Notwithstanding any

to

10 inconsistent provision of iaw, such funds

11 may be increased or decreased by inter-

12 change with any other appropriation within


14 assistance or office of children and fami-

15 ly services federal fund - local assist-

16 ance account with the approval of the

17 director of the budget. Consistent with

18 the purposes and rules established in the

19 American recovery.and reinvestment act· of

. 20 2009~ such funds shall be subject to all

21 applicable reporting .and accountability

22 requirements contai~ed in such act. Such

23 funds shall be prov.ided without state or

24 local participation for services to eligi~

25 ble individual~ under the state. plan for

26 the temporary assistance for needy fami-

27 lies block grant whose incomes do not·

28 exceed 200 percent of the federal poverty

4,000,,000

12278-02-0

68

12278-02-0

1 level or who are otherwise eligible under

2 such plan, provided that such services to

3 eligible persons not in receipt of public

4 assistance shall not constitute "assist-

S ance" under applicable federal regulations

6 and no more than 15 percent of the funds

7 made available herein maybe used for

8 administration, provided further that the

9 director of the budget does not determine

10 that such use of funds can be expected to

11 have the effect of increasing qualified

12 state expenditures under paragraph 7 of

13 subdivision (a) of section 409 of the

14 federal social security act above the

15 minimum applicable federal maintenance of

16 effort requirement:

17 For transfer to the credit of the office of

21

services fund'

265 local assistance,

18

children

and

family services federal

19 health and human services, fund - 265 state

20 operations or federal health and human

22 federal day care account for additional

23 reimbursement to social services districts

24 for child care assistance provided pursu-

25 ant to title 5-C of article 6 of the

26 social services, law. The funds shall be

apportioned among districts by the

the social

services

office according to an

06/11/10

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12278-02-0

1 allocation plan developed by the office

2 and submitted to the director of the budg-

3 et for approval within 60 days of enact-

4 ment of the budget. The funds allocated to

5 a ,district under this appropriation in

6 addition to any state block grant funds

7 allocated to the district for child care

8

services and any funds

the

district

13

care

account

shall

constitute

the

9 requests the office of temporary and disa-

10 bility assistance to transfer from the

11

district's flexible

fund

for

family

12 s~rvices allocation to the federal day

14 district's entire block grant allocation

15 for a particular federal fiscal year,

22

assistance made by a social

services

I

I

16 which shall be available only for child

17 care assistance expenditures made during

18 that federal fiscal year and which are

19 claimed by March 31 of the year immediate-

20 ly following the end of that federal

21. fiscal year. Any claims for child care

23 district for expenditures made during a

24

particular federal fiscal year, other than

25 claims made under title XX of the federal

26 social secur.ity act, shall be counted

27 against the social services district's

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70

1 block grant allocation for that federal

2 fiscal year.

3 A social ·services district shall expend its 4 allocation from the block grant in accord-

5 ance with the applicable provision in

6 federal law and regulations relating to

7 the federal· funds included in the state

8 block grant for child care and the regu-

9 lations of the office of children and

10 family services. Notwithstanding any other

11 provision of law, each district's claims

12 submitted under the state block grant for

13 child care will be processed in a manner

14 that maximizes the availability of federal

15 funds and ensures that the district meets

16 its maintenance of effort requirement in

17 each applicable federal fiscal year. Prior

18 to transfer of funds appropriated herein,

19 the commissioner of the office of children

20 and family services shall consult with the

21 commissioner of the office of temporary.

22 and disability assistance to determine the

23 24

availability of such funding

to

and

request

that the commissioner of the

~5 office of temporary and disability assist-

26 ance take necessary steps to notify the

27 department of health and human services of

28 the transfer of funding •••••••.••.•......•• 392,967,000

12278-02-0

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1 For allocation to local social services

2 districts for the.flexible fund for family

3 services. Funds shall, without state or

4 local participation, be allocated to local

5 social services districts in accordance

6 with a methodology to be developed by "the


8 ance and the office of children and family

9 services· and approved by the director of

10 the budget. Such amounts allocated to

11

local

social services districts shall

12 hereInafter be referred to as the flexible

13 fund for family services and shall be used

14 for eligible services to eligible individ-

15 uals under the State plan for the federal


19

receipt of public assistance

benefits

17

block grant, except for

"assistance",

18 which may only be provided to persons in

20 funded by the temporary assistance for

21 needy families block grant with prior

22 approval of the office of temporary and

23 disability assistance.


25 of law, such amounts shall constitute the

26 full amount of federal temporary assist-

27 ance for needy families funds to be paid

28 on account of activities funded in whole

06/11/10

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12278-02-0

4

expenditure,

developed by each social

1 or in part hereunder. District allocations

2 from the flexible fund for family services

3 may be spent only pursuant to plans of

5 services district and the local governing

6 body and approved by the office of tempo-

7 rary and disability assistance, the office

8 of children and family services, and the

9 director of the budget. Such allocation

10

shall be available

for

reimbursement

11 through March 31, 2013; provided, however,

12

that

reimbursement

for child welfare

13 services other than foster care services

14 shall be available for eligible expendi-

15 tures incurred on or after October 1, 2009

16 and before October 1, 2010 that are other-

17 wise reimbursable by the state on or after

18 April 1, 2010 and that are claimed by

19 March 31, 2011.

20 Notwithstanding any inconsistent provision 21 of law, the amounts so appropriated for

22

allocation

to

local

social services

23 districts, may be used, without state or

24 local financial participation, by social

25 services districts with a population in

26 excess of two million persons for such

27

district's first eligible

expenditures

28 that occurred on or after October 1, 2009,

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12278-02-0

lor, subject to the approval of the direc-

2 tor of the budget, during any other period

3 beginning on or after January 1, 1997, for

4 tuition costs for foster care children who

5 are eligible for emergency assistance for

6 families in the manner the state was

7 . authorized to fund such costs under part A

8 of title IV of the social security act as

9 such pa-i't was in effect on September 30,

10 1995; provided that the funds appropriated

11 herein may not be used to reimburse local-

12 ities for costs disallowed under title

13 IV-E of the social security act. Such

14 expenditures shall constitute good cause

15 pursuant to section 408' Cal (10) of the

16 social security act. Such funds may also

17 be used, without state or local partic-

18 ipation, for care, maintenance, super-

19 vision, and tuition for juvenile delin-

20 quents and persons in need of supervision

21 who are. placed in residential programs

22 operated by authorized agencies and who

I' . ! .

23 are eligible for emergency assistance to

24

families in the manner the state was

25 authorized to fund such costs under part A

26 of title IV of the social security act as

27 such part was in effect on September 30,

28 1995. Such expenditures shall constitute

1 good cause pursuant to section 408 (a)

2 (10) of the social security act. Unless

3 otherwise approved by the commissioner of


5 with the approval of the director of the

6 budget, these funds may be used only for

7 eligible expenditures made from October 1,

S 2009 through September 30, 2010. Notwith-

9 standing any inconsistent provision of

10 'law, the funds so appropriated may not be

11 used to reimburse localities for costs

12 disallowed under title IV-E of the social

13 security act.


15 of law, a social services district may

16 request that the office of temporary and

17 disability assistance retain and transfer

18 a portion of the district's ~llocation of

19 20 21 22 23 24 25

06/11/10

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12278-02-0

these funds to the credit of the office of

children and family

services

federal

health and human services fund ~ 265 local assistance, title XX social services block grant for use by-the district for eligible title XX services and/or to the credit of the office of children and family services

26 federal health and human services fund

27 265 local assistance, federal day care

28 account for use by the district for eligi-

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12278-02-0

6

lation.

Any

funds

tiansferred at a

1 ble child care expenditures under the

2 state block grant for child care, within

3 the percentages established by the state

4 in accordance with the federal social

5 security act and related federal regu-

7 district' s "request to the title XX social

8 services block grant shall be used by the

9 districE for eligible title xx social

10 services provided in accordance with the

" .11 provisions of the federal social security

12 act and the social services law to chil-

13 dren or their families whose income is

14 less than 200 percent of the federal

15 poverty level applicable to the family

16 size involved. Any funds transferred at a

17 district's request to the office of chil-

18 dren and family services federal health

19

and human services fund

265

local

20 assistance, federal day care account shall

21 be made available to the district for use

22 for eligible child care expenditures in

23 accordance with" the applicable provisions

24 of federal law and regulations relating to

25 federal funds included in the state blqck

26 grant' for child care and in accordance

27 with applicable stat~ law and regulations

28 of the office of children and family

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1 services. Any claims made by a social

2 services district for expenditures made

3 for child care during a particular federal

4 fiscal year, other than claims made under

5 title XX of the federal social security

)6 act, shall be counted against the social

7 services district's block grant for child

8 care for that federal fiscal year. Each

9 social services district must certify· to

10 the department of family assistance, with-

11 in 90 days of enactment of the budget but

12 before August 15, 2010, the amount ·of

13 funds it wishes to have transferred under

14 this provision.


16 the amount of the funds that each district

17 expends on child welfare services from its

18 flexible fund for family services funds

19 and any flexible fund for family services

20

funds

transferred

at

the district's

21 request to the title XX social services

22 block grant must, to the extent that fami-

23. lies are eligible therefore, be equal to

24 or greater than the district's portion of

25 the $342,322,341 statewide child welfare

26 threshold amount, which shall be estab-

27 lished pursuant to a formula developed by


06/11/10

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12278-02-0

1 assistance and the office of children and

2 fa~ily services and approved by the direc-


4 Notwithstanding any other provision of law

5 including the state finance law and any

6 loca~ procurement law, at the request of a

7 social services district and with the

8 approval of the director of the budget, a

9 portion of the funds so appropriated may

10 be retained by the office of temporary and

11 disability ·assistance for use by such

12 office or for transfer or suballocation to

13 the department of labor, the department of

14 health and/or the office of children and

15 family services to provide centralized

16 administrative services, including but not

17 limited to issuing requests for proposals~

18 entering ,into, processing. and/or amending

19 contracts with existing providers for any·

20 services eligible for funding under the

21 flexible fund for family services for

22 which the applicable state agency has a

23 contractual relationship or had a contrac-

24 tual relationship during state fiscal year

25

2004-05 or thereafter,

and

providing

26 vendor payments •....•..•••••••.•....••••••. 960,000,000

27 For the continuation and expansion of a

28 demonstration project to assist individ-

06/11/10

78

1 uals and families in moving out of poverty

2 through the p~rsuit of higher education.

3 Projects shall include intensive, long-

4 term case management and statistically-

5

based outcome assessments.

The amount

6 appropriated herein shall be made avail-

7 able for one project at an education and

8 work consortium having developed programs

9 that moved significant numbers of people

10 from welfare to permanent employment, in

11 receipt of financial commitments from a

12 not-far-profit foundation, and having an

13

established working relationship

with

14 regional social services agencies, the

15 local business community and other public

16 17

and/or

private institutions of higher

education. Such program shall

provide

18 services· to recipients ot family assist'-

19 ance, safety net assistance and other

20 eligible individuals. The consortium shall

21 consist of three institutions of higher

22 education with one of the institutions

23 being a CUNY institution, one a New York

24 city based institution, and one based in

25

Westchester county


27 advantage afterschool program. Such funds

28 are to be available pursuant to a plan

250,000

12278-02-0

06/11/10

79

1 prepared by the office of children and.

2 family services and approved by the direc-

3 tor of the budget to extend or expand

4 current contracts with community based

5 organizations, to award new contracts to

6 7

continue

programs

where the existing

contractors

are

not

satisfactorily


9 children" and family services and/or to


11 process to community based organizations •.•. 11,213,000

12 For services and expenses, notwithstanding

13 any other provision of law, relating to

14 initiating and/or continuing program

15 modifications and/or providing services

16 including, but not limited to, demon~

17

such. as

effective

strated

programs

18 evidence-based initiatives for a1terna~

19 tives to detention for persons alleged or

20 determined to be in need of supervision or

21 otherwise at risk of placement in the

22 juvenile justice system and for services

23 and expenses related to reducing office of

2ii children and family services institutional

25 placements through program modifications

26 and/or services including, but not limited

27 to, demonstrated effective programs such

28 as evidence-based initiatives to .divert

12278-02-0

06/11/10

80

12278-02-0

1 youth at-risk of placement-with the office

2 of children and family services and/or as

3

alternatives

to residential placements

4 with such office •.•....•...•............•..•. 6,000,000

5 For services of the BRIDGE program, provided_

6 however, that, unless otherwise determined

7 by the director of the budget, the rate of

8 state financial participation shall be the

9 same rates as required in the month imme-

10 diately preceding December, 1996. Funds

11 shall be made available and/or suballo-

12 cated to the state university of New York

13

for services and expenditures of

the

14 BRIDGE program and may be transferred to

15 the state university of New York for

16 personal and nonpersonal service costs and

17 other expenses incurred in administer-ing

18 the provision of such services to eligible

19 individuals and families. A portion of the

20 funds may be transferred to the office of

21 temporary and disability assistance state

22 operations for personal and nonpersonal

23 service costs incurred by the office in

24 25

administering the program. Funds

made

available

herein

shall

be used for

26 services.to eligible individuals and fami-

27 lies who, upon determination of eligibil-

28 ity for such program, are receiving public

06/11/10

81

1 assistance benefits under the state plan

2 for the temporary assistance for needy

3

families

block grant or whose public

4 assistance case includes a dependent child

5 under the age of 18 or under the age of 19

6 ·if the child is attending secondary school 7 and is in receipt of safety net assist-

8 9

ance. To the extent that

sufficient

numbers

of eligible public assistance

10 recipients are not available, funds may be

11 used to serve individuals and families not

12

in receipt of public assistance,

but

13 eligible under the state plan for the


15

block grant

16 For services, notwithstanding any inconsist- 17 ent provision of law# and without state or

18 19 20 21 22

local

financial participation, of the

career pathways program

profit, community-based

providing coordinated,

for

nob-for-

organizations comprehensive

employment

services

beyond the level

23 currently funded by local social services

24

districts

to eligible individuals and

25 families. Such funds are to be made avail-

26

able to establish a

career

pathways

27 program to link education and occupational

28 training to subsequent employment through

1,000,000

12278-02-0

06/11/10

82

12278-02-0

1 a continuum of educational programs and

2

integrated

support services to enable


4 eligible participants, including discon-

5 nected young adults, ages sixteen to twen-

6 ty-four, to advance over time both to

7 hig~er levels of education and to higher

11

assistance

in

consultation

with the

8

wage

jobs

in

targeted occupational

9 sectors. With funds appropriated herein,


12 department of labor shall establish the

13 career pathways program and provide tech-

14

nieal support, as needed, to

provide

15 education, training, and job placement for

16 low-income individuals, age sixteen and

17 older. Preference shall be given to eigh-

18 teen to twenty-four year olds who are

19 unemployed or underemployed, in areas of

20 the state with demonstrated labor market

21 needs and unemployment rates that are

22 greater than the appropriate or compar-

23 ative rate of employment for the region,

27

sixty percent shall be available

for

24

.and

to persons in receipt of family

25 assistance and/or safety net assistance.

26 Of the amounts appropriated, at least

28 services to eighteen to twenty-four year

06/11/10

83

12278-02-0

1 olds, with remaining funds available to

2 recipients of family assistance and/or

3

safety

net

assistance,

without

age

4 restrictions, and sixteen to seventeen

5 ,year old self-supporting individuals who

6 are heads of household. The office of

7 temporary and disability assistance in

8 consultation with the department of -labor

9 shall develop a request for proposals and

10 shall receive, review, and assess applica-

11 tions. In selecting proposals, the office

12 of temporary and disability assistance and

13 the department of labor shall give prefer-

14 ence to programs that demonstrate communi-

15 ty-based collaborations with education and

16 training providers and employers in the

17

region.

Such

education

ahd training

18 providers may include, but not be limited

19 to general equivalency diplomas programs,

20 community colleges, junior colleges, busi-

21 ness and trade schools, vocational insti-

22 tutions, and institutions with baccalau-

23 reate degree-granting programs; programs

,24 that provide for a career pafh or career'

25 paths, as supported by identified local

26 employment needs; programs that provide

27 employment services, including but not

28

limited

to,

post-secondary

training

06/11/10

84

1 designed to meet the needs of employers in

2 the local labor market, or catchment area;

3 programs that include education and train-

4 ing components, such as remedial educa-

5 tion, individual training plans, pre-em-

6 ployment training, workplace basic skills,

7 and literacy skills training. Such educa-

8 tion and training must include insti-

9 tutions, industry associations, or otner

10credenflaling bodies for the purpose of

11 providing participants with certificates,

12

diplomas, or

projects

that

degrees;

13

comprehensive

student support

provide

14 services, including but not limited to

15 tutoring, mentoring, child care, after

16 school program access, transportation, and

-

17 case management, as part of the individual

18 training plan. Preference shall be given

19 to proposals that include not-for-profit

20 collaborations with education, training',

21 or employer stakeholders in the region;

22 programs which leverage additional commu-

·23 nity resources and provide participant

24 support services, training that result in

25 job placement; and education that links

26

participants with

skills

occupational

27 training and/or employer-related creden-

28 tials~ credits, diplomas or certificates ...•• 5,000,000

12278-02-0

06/11/10

85

1 For services and expenses of not-for-profit 2 and voluntary agencies providing support 3 . services to the caretaker relative of a

4

child

when

such services are

minor

5 provided to eligible individuals and fami-

6 lies. Such funds are available pursuant to

7 a plan prepared by the office of children

8 and family services and approved by the

9 director. of the budget to continue or

10 expand existing programs with existin~

11

satisfactorily

that

contractors

are


13 children and family services, to award new

14 contracts to continue programs where the

15 existing contractors are not satisfactori-

16 ly performing as determined by the office

17 of ·children and family services andjor to

18 award new contracts through a competitiye.

19 process. • . . . • . • . . . • •.. . . • • . • • • • • . • . . . . • . . . . . . . .. 250,000


21 of law, the funds appropriated herein

22 shall be available for t r ansf e.r to the


24 265, federal day care·account to provide

25 additional funding.for subsidies and qual-

26 ity activities at the city university of

27 New York, provided that of such amount,

28 $278,000 shall be available to community

12278-02-0

..

06/11/10

86

1 colleges and $418,000 shall be available

2

to senior colleges.

... 'II ..

3 Notwithstanding' any inconsistent provision

4 of law, the funds appropriated herein,

5 shall be available for transfer to the


7 265, federal day care account to cqntinue

8 operation of and support existing enroll-

9 ment in the child care facilitated enroll-

10 ment pilot programs which expand access to

11 child care. subsidies for working families .'

12 living or employed in the Liberty Zone,

13 the boroughs of Brooklyn, Queens, and

14 Bronx, and in the county of Monroe, with

15 income up to 275 percent of the federal

16 'poverty level. Of the amount appropriated

17 herein, $1,207,500 shall be made available

18 for Monroe co~nty, and $2,898,200 shall be

19 made available for all other projects. Up

20 to $120,750 shall be made available to the

21 current designated administrator in the

22 county of Monroe, or to a successor admin-

23 istrator designated by the current admin-

24

istration to administer such

county's

25 program and to implement a plan approved

26 by the office of children and family

27 services; and up to $289,820 shall be made

28 available to the Consortium .for Worker

696,000

12278-02-0

06/11/10

87

12278-02-0

1

Education, Inc., or

other

designated

2 successor, to administer and to implement

3 a plan approved by the office of children

4 and family services for the programs in

5 the Liberty Zone, and the boroughs of 6 Brooklyn, QUeens and Bronx. Each pilot 7 program administrator 'shall prepare and

8 subnn t to the office of children and 'fami-

9 ly services, the 'chairs of the senate. '.

10 committee on children and famiiies and the

11 senate committee' on social services,' the 12· chair of the assembly committee on chil- 13 dren and families, the chair of the assem-

14 bly committee on social services, the

15 chair of the senate committee on labor,

16 and the chair of the assembly committee on 17· labor, an evaluation. of the pilot with

18

recommendations

for

continuation

or

19 dissolution of the program supported by

20

appropriate documentation.

Such evalu- .

21 ation shall include available, information

22 regarding the pilot programs or partic-

23 ipants in the pilot pr oqr ans , absent iden-

24 tifying information, including but not

25 limited to: the-number of income-eligible

26 children of working parents with income

27 greater than 200 percent but at or less

28 than 275 percent of the federal poverty

06/11/10

88

12278-02-0

1 level; the ages of the children served by

2 the project, the number of families served

3 by the project who are in receipt of fami-

4 ly assistance, the factors that parents

5 considered when searching for child care,

6 the factors that barred. the families'

7 access to child care assistance prior to

8 their enrollment in the pilot program, the

9 number of families who receive a child

10 care subsidy pursuant to this program who

11 choose to use such subsidy for regulated

12 child care, and the. number of families who

13 receive a child care subsidy pursuant to

14 this program who choose to use such subsi-

15 dy to receive child care service~ provided

16 by a legally exempt provider. Such report

17

shall be submitted by the

applicable

18· project administrator, on or before Octo- 19 her 1, 2010, provided that if such report

reimbursement for administrative

costs

20 21

is

not received by October 1, 2010,

22 shall be either reduced or withheld, and

23 failure of an administrator to submit a

24 timely report may jeopardize such

25 program's funding in future· years.

26 Expenses related to the development of the

27 evaluation of the pilot programs shall be

28 paid from the pilot program's administra-

06/11/10

89

12278-02-0

1 tive set-aside or non-state funds. The

2 remaining portion of the project's funds

3 shall be allocated by the office of chil-

4 dren and family services to the local

5 social services districts where the recip-

6 ient families reside as determined by the

7 project 'administrator based on projected

8 needs and cost of providing child care

9

subsidy

payments

to working families

10 enrolled in the child. care subsidy program

11 through the pilot initiative, provided

12 however that the office of children and

13 family services shall not reimburse subsi-

14 dy payments in excess of the amount the

15 subsidy funding appropriated herein can

16 support and the applicable local social

17 services district shall not be required to

18 approve or pay for subsidies not funded

19 herein. The total number of slots for

20 pilot programs located within the city of

21 New York shall not exceed one thousand

22 durin~ fiscal year 2010-2011. Vacancies in

23 child care slots may be filled at such

24 time as the total enrollment of the New

25 York city pilot program is less than one

26 thousand slots. The pilot program located

27 in the borough of Queens shall receive one

28 new additional slot for each slot which

06/11/10

90

12278-02-0

1 becomes available through attrition once

2 the total number of filled child care

3 slots reaches less than one thousand.

4 Child care subsidies paid on behalf of

5 eligible families shall be reimbursed at

6 the actual cost of care up to the applica-

7 ble market rate for the district in which

8 the child care is provided, for subsidy

9 payments made from April 1, 2010 through

10 March 31, 2011 for the New York city pilot

11 program and for subsidy payments made from

12 January 1, '2011 through December 31, 2011

13 for the Monroe county pilot program in

14 accordance with the fee schedule of the

15 local social services district making the

16

subsidy payments. Pilot

programs

are

17 required to submit monthly reports to the

18 office of children and family services,

19 the local social services district, and

20 for programs located in the city of New

21 York, the administration for children's

,22 services, and the legislature. Each month-

23 ly report must provide without benefit of

24

personal

identifying

information, the

25 pilot program's current enrollment level~

26 amount of the child's subsidy, co-payment

27 levels and other information as needed or

28 required by the office of children and

06/11/10

91

1 family services. Further, the office of

2 children and family services shall provide

3 technical assistance to the pilot program

4 to as s Is t with project administration and

5 timely coordination of the monthly claim-

·6 ing process. Notwithstanding any other

7 provision of law, any pilot programs main-

S tained herein may be terminated if the

9 administrator for such programs mismanages

10 such programs, by engaging in actions

11 including but not limited to, improper use

12 of funds, providing for child care subsi-·

13 dies in excess of the amount the subsidy

14 funding appropriated herein can support,

15

and

failing

submit

c Lai.ms

for

to

16 reimbursement in a timely fashion ••.•..•..... 4,105,700

17 For the continuation of the facilitated

18

enrollment

pilot

program

in Capital

19 Region-Oneida (consisting of Rensselaer,

20 Schenectady, Saratoga, Albany and Oneida

21 counties) as provided to the NYS AFL-CIO

22 Workforce Development Institute to act or

23 continue to act as the administrator to

24 implement the program proposed by the

25 union child care coalition of the NYS

26 AFL-CIO and approved by the office of

27 children and famiiy services. The adminis-

28 trative cost, including the cost of the

12278-02-0

06/11/10

92

12278-02-0

1 development of the evaluation of the pilot

2 program shall not exceed ten percent of

3 the funds available for this purpose. The 4 remaining portion of the funds shall be

5 allocated by the office of children and

6

family

services

to the local social

11

subsidies payment to working

families

7 services districts where the recipient

8

families

reside as determined by the

9 .project administrator based on projected

10 need and cost of providing child care

12 enrolled through the pilot initiative, a

13 local social ·services district shall not

14 reimburse subsidy payments in excess of

15 the amount the subsidy funding appropri-

16 ated herein can support. Child care subsi-

17 dies paid on behalf of eligible families

18 shall be reimbursed at the actual cost of

19 care up to the applicable market rate for

20

the district in which child care

is

21 provided and in accordance with the fee

22 schedule of the local social services

23 district making the subsidy payment. Up to

24 $115,930 shall be made available to the

25 NYS AFL-CIQ Workforce Development Insti-

26 tute, or other designated administrator,

27 to administer and to implement a plan

28 approved by the office of children and

06/11/10

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12278-02-0

1 family services for this pilot program in

2 consultation with the advisory cauncil.

3

This administratar shall

prepare

and

4 submit to. the affice af children and fami-

5 ly services, the chairs of the senate

6 committee on social services, the senate

7 committee an children and families, the

8 senate cammittee on labor, the chairs af

9 the assembly committee on children and

10 families, and the assembly committee an

11 social services, an eva1uatian af the

12 pilot with recammendatians. Such evalu-

13 atiqn shall include available infarmatian

14 regarding the pilat programs or partic-

15 ipants in the pilot programs, including

16 but nat limited to: the number· of incame-

17 eligible children af working parents with

18 income greater than 200 percent but at ar

19 less than 275 percent of the federal

20 poverty level, the ages of the children

21 served b~ the project, the ntimberof fami-

22 lies served by the project who are in

23 receipt af family assistance, the factars

24 that parents carisidered when searching for

25 child .care, the factors that barred the

26 families' access to child care assistance

27 prior to their enrollment in the facili-

28 tated enrollment program, the number of

06/11/10

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12278-02-0

1 families who receive a child care subsidy

2 pursuant to this program who choose to use

3 such subsidy for regulated child care, and

4 the number of families who receive a child

5 care subsidy pursuant to this program who

6 choose to U$e such subsidy to receive

7 child care services provided by a legally

8 exempt· provider. Such report shall be

9 submitted by the applicable project admin-

10 istrator, on or before November 1, 2010,

il

provided that if such report is

not

12 received by November 30, 2010, reimburse-

13 ment for administrative costs shall be

14 either reduced or withheld, and failure of

15 an administrator to submit a timely report

16

may

jeopardize

such

administrator's

17 program from receiving funding in future

18 years. Child care subsidies paid on behalf

19 of eligible families shall be reimbursed

20 at the actual cost of care up to the

21 applicable market rate for the district in

22 which the child care is provided, for

23 subsidy payments made from April 1, 2010

24 through March 31, 2011 in accordance with

25 the fee schedule of the local social

26

services

district

making the sub~idy

27 payments. The administrator for this pilot

28 project is required to submit bi-"monthly

06/11/10

95

12278-02-0-

1 reports on the fifteenth day of every

2 other month beginning on May 15, 2010 and

3 bi-monthly thereafter that provide current

4 enrollment and information including, but

5 not limited to, the amount of the approved

6 subsidy level, the level of co-payment by

the

local

social

services

district

7 8 9

required for the participants in

the

program,

the program's adopted budget

10 reflecting all expenses including salarie~

11 and other information as needed, to the

12 office df children and family services,

13 the chairs of the senate committee on

14 soc tal. services, the senate committee on

15 children and families, the senate commit-

16 tee on labor, the chairs of the assembly

17 committee on children and families and the

18 assembly committee on social services, and

19

the local social

services

districts.

20 Provided however that if such bi-monthly

21 reports are not received from_ this Capital

22 Region-Oneida administrator, reimbursement

23 for administrative costs shall be either

24 reduced or withheld and failure of an

25 administrator -to submit a timely report

26

may

jeopardize

such

administrator's

27 program from receiving funding in future

28 years. The office of children and family

06/11/10

96

1 services shall provide technical assist-

2 ance to the pilot program to assist in

3 4

timely coordination with

the

monthly

claiming

process.

Notwithstanding any

5 other provision of law, this pilot program

6 maintained herein may be terminated if the

7 administrator for such program mismanage?

8

program, by engaging in actions

such

9 including but not limited to, improper use

10 of funds, providing for child care subsi-

11 dies in excess of the amount the subsidy

12 funding appropriated herein can support,

13 14

and· failing

to

claims

submit

for

reimbursement in a timely fashion

1,159,300


16 of law, the funds appropriated herein

17 shall be available for transfer to the

18 federal health and human services fund -

19

265, federal day care account to provide

20 additional funding for subsidies and qual-

21 ity activities at the state university of

22 New York, provided that of such amount,

23 $379,000 shall be available to community

24 colleges and $568,000 shall be available

25 to state operated campuses •• ~ •••...•••.•••..••. 947,000

26 For services of a program, pursuant to

27 section 35 of the social services law but

28 without state or local financial partic-

12278-02-0

..

06/11/10

97

1 ipation, providing legal representation of

2 individuals whose federal disability bene-

3 fits have been denied or may be discontin-

4 u ed •..•.•.......•...•........••..•••••••••••..• 483, 000

5 For services related,to the continuation of

6 displaced homemaker services. Funds made

7 available· herein may be used for state

8 agency contractors, or aid to local social

9

services districts, provided,

further,

10 that no more than ten percent of such

11 funds may be used for program adminis-

12 tration at each individual displaced home-

13 maker center. Each program administrator

14 shall prepare and submit an annual report

15 by December 1, 2010, to the office of

16 temporary and disability assistance, the

17 chairs of the senate committee on social

18 services, and the senate committee on

19 children and families and the assembly

20 chair of the committee on .social services,

21 on the summary of activities" including

22 but not limited to the number of eligible

23 24

. recipients, and the outcome for

each

recipient

together with a summary of

25 revenues and expenses including all sala-

26 r i es 1,605,000

27 For

services

and expenses of programs

28

providing literacy training,

workplace

12278-02-0

06/11/10

98

1 literacy instruction and English-as-a-sec-

2 and-language instruction to eligible indi-

3 viduals and families under the state plan

4 for the federal temporary assistance for

5 needy families block grant, including, but

6

not limited to, programs which

offer

7 intergenerational educational models

8 intended to increase workplace prepared-

9

and

English-as-a-second-language

ness,

10 programs which appropriately address the

11 specific linguistic and cultural needs of

12 the participants and the language skill

13 needs of non-English speaking workers that

14 relate to workplace safety. Of the amount

15

appropriated herein, at least

$25,000

16 shall be available for literacy training

17 and English-as-a-second-language instruc-

18 tion to individuals and families, who upon

19 determination· of eligibili.ty for such

20· services, are in receipt of public assist-

21 ance and lack a literacy level equivalent

22 to the ninth month of eighth grade or who

23 have English language proficiency equal to

24 a score of 34 or less on the NYS PLACE

25 test or an equivalent score on a compara-

26 hle test •.•....•.......•...•••••..•..•......•.. 125,000

27 For services of programs, in local social 28 services districts with a population in

12278-02-0

06/11/10

99

1 excess of two million, that meet the emer-

2 gency needs of homeless individuals and

3 'families and those at risk of becoming

4 homeless. Such programs shall have demon-

S strated experience in providing services

6 to meet the emergency needs of homeLes s

7 individuals and families and those at risk

8 of becoming homeless, including crisis

9 intervention services, eviction prevention

10

services,

mobile

emergency

feeding

11 services, and summer youth services .......••..• 125,000

12 For services related to the green jobs corps

13 program. Such funds are available for

14 continuation of services related to the

15 green jobs corps programs established by

16 local social services districts during

17 state fiscal year 2009-10, or new projects

18 to the extent funds are available, provirl-

19 ing comprehensive employment services to

20 eligible individuals and families under

21 the state plan for the federal temporary

22 assistance for needy families block grant,

2j with priority given to public assistance

24 recipients. Such funds are to be made

25 available to establish and maintain a

26 green jobs corps program to provide subsi-

27 dized employment that links low- or no-in-

28

individuals,

those

particularly

come

12278-02-0

06/11/10

100

12278-02-0

1 facing greater barriers to employment, to

2 inpremental job skills training, basic

3 education, GED preparation, job placement,

4

job

retention, and career advancement

5 opportunities in entry-level high-growth

6

energy

efficiency

and

environmental

7 conservation industries, including but not

8

limited

to

weatherization,

building

9 construction and retrofitting, environ-

10 mental remediation, renewable energy, and

11· natural resource preservation. The green

12 jobs corps program shall provide job read-

13 iness and hard skills training to prepare

14

participants

for subsidized employment

15 placement consisting of up to 40 hours per

16 week of paid employment. Such program

17 shall consist of job readiness train~ng as

18

intensive

preparation for

subsidized

19 employment and advanced training~ Local

20 social services districts receiving funds

21 from the green jobs corps program shall

22

contract

or develop partnerships with

23 organizations to provide such training,

24 which shall include but not be liolited to

25 soft skills training, such as attitudinal

26 training, career development, and intro-

27 duction to basic computer literacy skills;

28 hard ~kills training, including but not

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