S66022: Amends various provisions of chapters of the laws 2009 making appropriations for the support of government

Sponsor: BUDGET

Same as: A40022

Committee: FINANCE

Law Section: Budget Bills

S66022 Summary

Amends various provisions of chapters of the laws 2009 making appropriations for the support of government Amends various provisions of chapters of the laws 2009 making appropriations for the support of government Amends various provisions of chapters of the laws 2009 making appropriations for the support of government Amends various provisions of chapters of the laws 2009 making appropriations for the support of government. Amends various provisions of chapters of the laws 2009 making appropriations for the support of government.

Act: AN ACT to amend chapter 50 of the laws of 2009, enacting the public protection and general government budget; to amend chapter 53 of the laws of 2009, enacting the education, labor and family assistance budget; to amend chapter 54 of the laws of 2009, enacting the health and mental hygiene budget; and to amend chapter 55 of the laws of 2009, enacting the transportation, economic development and environmental conservation budget, in relation to the support of state government

S66022 Actions

S66022 - ORDERED TO THIRD READING CAL.12 - Dec 2, 2009
S66022 - REFERRED TO FINANCE - Dec 2, 2009
S66022 - REPORTED AND COMMITTED TO RULES - Dec 2, 2009

S66022 Committee Meetings

Finance: Dec 2, 2009

Chair: Carl Kruger / Location: Off the Floor

Rules: Dec 2, 2009

Chair: Malcolm Smith / Location: Off the Floor

S66022 Votes

Vote: Committee - Dec 2, 2009
Ayes (30): KRUGER KRUEGER STACHOWSKI OPPENHEIMER MONTGOMERY DUANE PARKER STAVISKY DILAN SAMPSON STEWART-COUSINS THOMPSON ADAMS BRESLIN DIAZ ESPADA KLEIN PERKINS VALESKY DEFRANCISCO JOHNSON O VOLKER SEWARD FARLEY HANNON LARKIN NOZZOLIO LEIBELL MAZIARZ MARCELLINO

Nays (1): PADAVAN

Same As: A40022 Votes

Vote: Floor - Dec 2, 2009
Ayes (59): ADAMS ADDABBO ALESI AUBERTINE BONACIC BRESLIN DEFRANCISCO DILAN DUANE ESPADA FARLEY FLANAGAN FOLEY FUSCHILLO GOLDEN GRIFFO HANNON HASSELL-THOMPSON HUNTLEY JOHNSON C JOHNSON O KLEIN KRUEGER KRUGER LARKIN LAVALLE LEIBELL LIBOUS LITTLE MARCELLINO MAZIARZ MCDONALD MONSERRATE MONTGOMERY MORAHAN NOZZOLIO ONORATO OPPENHEIMER PARKER PERKINS RANZENHOFER ROBACH SALAND SAMPSON SAVINO SCHNEIDERMAN SERRANO SEWARD SKELOS SMITH SQUADRON STACHOWSKI STAVISKY STEWART-COUSINS THOMPSON VALESKY VOLKER WINNER YOUNG

Nays (3): DIAZ LANZA PADAVAN

Abstains (0):

Excused (0):

S66022 Memo

Not Available.

S66022 Text

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 22                                                      A. 22

                            Twentieth Extraordinary Session

                             S E N A T E - A S S E M B L Y

                                   December 2, 2009
                                      ___________

       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when printed to be committed to the Committee on Finance

       IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
         article seven of the Constitution -- read once  and  referred  to  the
         Committee on Ways and Means

       AN  ACT  to  amend  chapter  50 of the laws of 2009, enacting the public
         protection and general government budget; to amend chapter 53  of  the
         laws  of  2009,  enacting  the  education, labor and family assistance
         budget; to amend chapter 54 of the laws of 2009, enacting  the  health
         and  mental  hygiene  budget;  and  to amend chapter 55 of the laws of
         2009, enacting the transportation, economic development  and  environ-
         mental  conservation  budget,  in  relation  to  the  support of state
         government

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section 1 of chapter 50 of the laws of 2009, enacting the
    2  public protection and general government budget is amended by  repealing
    3  the  items  hereinbelow  set  forth  in  brackets  and by adding to such
    4  section the other items underscored in this section.

    5                    DIVISION OF CRIMINAL JUSTICE SERVICES

    6              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

    7  FUNDING AND PROGRAM ASSISTANCE PROGRAM

    8    Special Revenue Funds - Other / Aid to Localities
    9    Miscellaneous Special Revenue Fund - 339
   10    Crimes Against Revenue Program Account

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12171-01-9

       S. 22                               2                              A. 22

    1  For  payment  to  district   attorneys   who
    2    participate  in the crimes against revenue
    3    program to  be  distributed  in  the  same
    4    manner  as  the  prior  year  or through a
    5    competitive  process;  PROVIDED,  HOWEVER,
    6    THAT  THE  AMOUNT  OF  THIS  APPROPRIATION
    7    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
    8    ON  AND  AFTER  NOVEMBER  1, 2009 SHALL BE
    9    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   10    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   11    ................................ 6,000,000
   12                                --------------

   13    Special Revenue Funds - Other / Aid to Localities
   14    State Police and Motor Vehicle Law Enforcement Fund - 354
   15    Local Agency Law Enforcement Account

   16  For services and  expenses  associated  with
   17    local anti-auto theft programs, in accord-
   18    ance   with  section  89-d  of  the  state
   19    finance law, distributed through a compet-
   20    itive process; PROVIDED, HOWEVER, THAT THE
   21    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   22    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   23    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   24    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   25    AS OF NOVEMBER 1, 2009 ......... 4,284,000
   26                                --------------

   27                             DIVISION OF PAROLE

   28               STATE OPERATIONS AND AID TO LOCALITIES 2009-10

   29  PAROLE OPERATIONS PROGRAM

   30    General Fund / Aid to Localities
   31    Local Assistance Account - 001

   32  For costs associated with the  provision  of
   33    treatment,  residential  stabilization and
   34    other related services  for  offenders  in
   35    the   community,   including   residential
   36    stabilization for sex offenders,  pursuant
   37    to existing contracts or to be distributed
   38    through  a  competitive process; PROVIDED,
   39    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   40    ATION  AVAILABLE   FOR   EXPENDITURE   AND
   41    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   42    SHALL  BE  REDUCED  BY 12.5 PERCENT OF THE
   43    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   44    1, 2009 ........................ 5,551,000
   45                                --------------

   46             DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES

   47               STATE OPERATIONS AND AID TO LOCALITIES 2009-10

       S. 22                               3                              A. 22

    1  COMMUNITY CORRECTIONS PROGRAM

    2    General Fund / Aid to Localities
    3    Local Assistance Account - 001

    4  For  payments  to not-for-profit and govern-
    5    ment operated programs providing  alterna-
    6    tives  to incarceration, to be distributed
    7    pursuant to existing contracts or  through
    8    a  competitive  process  which includes an
    9    evaluation of the  effectiveness  of  such
   10    process;   PROVIDED,   HOWEVER,  THAT  THE
   11    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   12    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   13    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   14    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   15    AS OF NOVEMBER 1, 2009 ......... 4,932,000
   16                                --------------

   17                      OFFICE OF REAL PROPERTY SERVICES

   18               STATE OPERATIONS AND AID TO LOCALITIES 2009-10

   19  POLICY AND ORGANIZATIONAL SUPPORT SERVICES PROGRAM

   20    General Fund - Aid to Localities
   21    Local Assistance Account - 001

   22  For state financial assistance for  improve-
   23    ment  of  the  real  property tax adminis-
   24    tration pursuant to a  plan  submitted  by
   25    the  office  of real property services and
   26    approved by the division  of  the  budget.
   27    Notwithstanding   the  provisions  of  any
   28    other  law  to  the  contrary,  for  state
   29    fiscal year 2009-2010 the liability of the
   30    state  and the amount to be distributed or
   31    otherwise expended by the  state  pursuant
   32    to  sections  318,  354,  489-w, 1530, and
   33    1573 of the real property tax law shall be
   34    determined by first calculating the amount
   35    of  the  expenditure  or  other  liability
   36    pursuant  to  such  law, and then reducing
   37    the amount so calculated by two percent of
   38    such amount;  PROVIDED  FURTHER  THAT  THE
   39    AMOUNT  OF THE EXPENDITURES OR LIABILITIES
   40    PURSUANT TO SECTION  1573    OF  THE  REAL
   41    PROPERTY TAX LAW, SHALL BE FURTHER REDUCED
   42    BY  12.5  PERCENT  OF  THE  AMOUNT OF THIS
   43    APPROPRIATION THAT IS  UNDISBURSED  AS  OF
   44    NOVEMBER  1,  2009, AND THAT THE AMOUNT OF
   45    THIS APPROPRIATION AVAILABLE FOR DISBURSE-
   46    MENT  ON  OR  AFTER  SUCH  DATE  SHALL  BE
   47    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   48    IS  UNDISBURSED  AS  OF  SUCH  DATE.  Such
   49    financial assistance shall include  up  to

       S. 22                               4                              A. 22

    1    $5,025,000  for  payments to local govern-
    2    ments pursuant to the rail  infrastructure
    3    investment act of 2002; up to $690,000 for
    4    reimbursement for assessor training pursu-
    5    ant  to  sections  318 and 354 of the real
    6    property tax law;  and  up  to  $8,250,000
    7    pursuant to section 1573 of the real prop-
    8    erty   tax  law,  and  shall  include  the
    9    payment of liabilities incurred  prior  to
   10    April 1, 2009 ................. 13,965,000
   11                                --------------

   12             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES

   13                     ALL STATE DEPARTMENTS AND AGENCIES

   14               STATE OPERATIONS AND AID TO LOCALITIES 2009-10

   15  Maintenance Undistributed

   16    General Fund
   17    Community Projects Fund - 007
   18    Account BB

   19  For services and expenses, grants in aid, or
   20    for  contracts with certain not-for-profit
   21    agencies, universities,  colleges,  school
   22    districts,  corporations,  and/or  munici-
   23    palities pursuant to section 99-d  of  the
   24    state finance law.  The funds appropriated
   25    hereby  may be suballocated to any depart-
   26    ment, agency, or public authority.
   27  [Pursuant to the provisions of subdivision 5
   28    of section 24 of the state finance law and
   29    any  provision  of   law   requiring   the
   30    approval  of  the  director or division of
   31    the budget, such grants in  aid  shall  be
   32    expended  only  pursuant  to  one  or more
   33    plans submitted by the temporary president
   34    of the  senate  in  accordance  with  such
   35    section.   Such plan shall include but not
   36    be limited to an itemized list of grantees
   37    with the amount to be  received  by  each.
   38    Thereafter, such list shall be included in
   39    a  resolution  approved by a majority vote
   40    of all members of the senate upon  a  roll
   41    call  vote]  NOTWITHSTANDING SUBDIVISION 5
   42    OF SECTION 24 OF THE  STATE  FINANCE  LAW,
   43    THE  $74,375,000  APPROPRIATION  SPECIFIED
   44    HEREIN SHALL BE AVAILABLE PURSUANT TO  ONE
   45    OR  SEVERAL PLANS, WHICH SHALL INCLUDE BUT
   46    NOT BE LIMITED  TO  AN  ITEMIZED  LIST  OF
   47    GRANTEES WITH THE AMOUNT TO BE RECEIVED BY
   48    EACH,  SUBMITTED  BY  THE SECRETARY OF THE
   49    SENATE FINANCE COMMITTEE  BY  JANUARY  15,

       S. 22                               5                              A. 22

    1    2010,  AND  SUBJECT TO THE APPROVAL OF THE
    2    DIRECTOR OF THE BUDGET ...... [85,000,000]    74,375,000
    3                                --------------

    4  Maintenance Undistributed

    5    General Fund
    6    Community Projects Fund - 007
    7    Account CC

    8  For services and expenses, grants in aid, or
    9    for  contracts with certain not-for-profit
   10    agencies, universities,  colleges,  school
   11    districts,  corporations,  and/or  munici-
   12    palities in a manner  determined  pursuant
   13    to  subdivision  5  of  section  24 of the
   14    state finance law. The funds  appropriated
   15    hereby  may be suballocated to any depart-
   16    ment, agency or public authority .........
   17    ............................. [20,000,000]     9,375,000
   18                                --------------

   19             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES

   20                         LOCAL GOVERNMENT ASSISTANCE

   21               STATE OPERATIONS AND AID TO LOCALITIES 2009-10

   22  AID AND INCENTIVES FOR MUNICIPALITIES

   23    General Fund / Aid to Localities
   24    Local Assistance Account - 001

   25  For payment to local governments  under  the
   26    aid   and  incentives  for  municipalities
   27    program pursuant  to  section  54  of  the
   28    state  finance  law in accordance with the
   29    following:
   30  For base level grants to municipalities ....
   31    ............................ [755,684,000]   750,336,517
   32  For special aid and incentives  for  munici-
   33    palities  to  the city of New York.  Funds
   34    appropriated  herein  are   supported   by
   35    savings   resulting   from  the  increased
   36    Federal  Medical   Assistance   Percentage
   37    (FMAP)  provided  pursuant to the American
   38    recovery and reinvestment act of 2009 ....
   39    ............................ [327,889,668]   301,658,495
   40  For  a  local  government  efficiency  grant
   41    program  administered by the department of
   42    state pursuant to section 54 of the  state
   43    finance law.
   44  Of  the  amount  appropriated  herein, up to
   45    $2,450,000 shall  be  made  available  for
   46    high  priority planning grants and general

       S. 22                               6                              A. 22

    1    efficiency  planning  grants  to  eligible
    2    municipalities.
    3  Of  the  amount  appropriated  herein, up to
    4    [$4,900,000]  $4,400,000  shall  be   made
    5    available  for  efficiency  implementation
    6    grants to eligible municipalities.
    7  Of the amount  appropriated  herein,  up  to
    8    $4,165,000  shall  be  made  available for
    9    twenty-first century demonstration project
   10    grants to eligible municipalities.
   11  Of the amount  appropriated  herein,  up  to
   12    $1,960,000  shall  be  made  available for
   13    municipal merger incentives  for  eligible
   14    municipalities.
   15  Notwithstanding the above provisions of this
   16    appropriation,  and subject to approval of
   17    the director of  the  budget,  any  unused
   18    moneys provided pursuant to this appropri-
   19    ation  for  high priority planning grants,
   20    general  efficiency  planning  grants   or
   21    twenty-first century demonstration project
   22    grants  may  be used for efficiency imple-
   23    mentation grants, and  any  unused  moneys
   24    provided  pursuant  to  this appropriation
   25    for high priority planning grants, general
   26    efficiency planning grants  or  efficiency
   27    implementation  grants  may  be  used  for
   28    twenty-first century demonstration project
   29    grants.
   30  Notwithstanding any other provision of  law,
   31    no  payment shall be made from this appro-
   32    priation without a certificate of approval
   33    by the director of the budget ............
   34    ............................. [13,475,000]    12,975,000
   35                                --------------

   36    S 2. Section 1 of chapter 53 of the laws of 2009, enacting the  educa-
   37  tion,  labor  and  family  assistance  budget, as amended by chapter 50,
   38  section 4, of the laws of 2009, is amended by repealing the items  here-
   39  inbelow  set  forth  in brackets and by adding to such section the other
   40  items underscored in this section.

   41                             COUNCIL ON THE ARTS

   42              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

   43  ADMINISTRATION PROGRAM

   44    General Fund / Aid to Localities
   45    Local Assistance Account - 001

   46  For state financial assistance for the arts.
   47    This appropriation may be used  for  state
   48    financial assistance to nonprofit cultural
   49    organizations  offering  services  to  the
   50    general public, including but not  limited

       S. 22                               7                              A. 22

    1    to,  orchestras,  dance companies, museums
    2    and  theatre  groups  including  nonprofit
    3    cultural organizations, botanical gardens,
    4    zoos,  aquariums and public benefit corpo-
    5    rations offering programs of arts  related
    6    education  for  elementary  and  secondary
    7    school pupils. Such programs  may  include
    8    activities   directly  undertaken  by  the
    9    grantee, or indirectly  by  regranting  of
   10    state  funds  by  regional  or  local arts
   11    councils, among  other  organizations,  to
   12    nonprofit cultural organizations.
   13  Grants,  including  capital  grants, awarded
   14    may be used for  programs  and  activities
   15    relating  to  arts  disciplines including,
   16    but not limited to,  architecture,  dance,
   17    design, music, theater, media, literature,
   18    museum activities, visual arts, folk arts,
   19    and  arts in education programs; PROVIDED,
   20    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   21    ATION  AVAILABLE   FOR   EXPENDITURE   AND
   22    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   23    SHALL  BE  REDUCED  BY 12.5 PERCENT OF THE
   24    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   25    1, 2009 ....................... 38,900,000
   26                                --------------

   27                         CITY UNIVERSITY OF NEW YORK

   28              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

   29  CITY UNIVERSITY--COMMUNITY COLLEGES

   30    General Fund / Aid to Localities
   31    Local Assistance Account - 001

   32  OPERATING ASSISTANCE

   33  For  state  financial  assistance,  net   of
   34    disallowances,  for  operating expenses of
   35    community colleges to be expended pursuant
   36    to regulations developed  jointly  by  the
   37    state  university  trustees  and  the city
   38    university trustees and  approved  by  the
   39    director  of the budget, and shall include
   40    funds available on  a  matching  basis  to
   41    implement  programs  for  the provision of
   42    education and training services  to  indi-
   43    viduals   eligible   under   the   federal
   44    personal responsibility and work  opportu-
   45    nity reconciliation act of 1996.
   46  Notwithstanding  any other provision of law,
   47    rule or regulation, aid payable from  this
   48    appropriation  to community colleges shall
   49    be distributed to the  colleges  according

       S. 22                               8                              A. 22

    1    to  guidelines  established  by  the  city
    2    university trustees.
    3  Notwithstanding  any  other  law,  rule,  or
    4    regulation to the contrary,  full  funding
    5    for  aidable  community college enrollment
    6    for the college fiscal  year  2009-10  and
    7    heretofore  as  provided under this appro-
    8    priation is determined  by  the  operating
    9    aid  formulas  defined  in rules and regu-
   10    lations developed jointly by the boards of
   11    trustees of the state and  city  universi-
   12    ties  and  approved by the director of the
   13    budget provided that the local sponsor may
   14    use funds contained in reserves for excess
   15    student revenue for operating support of a
   16    community college program even though said
   17    expenditures  may   cause   expenses   and
   18    student  revenues  to  exceed one-third of
   19    the college's net operating budget for the
   20    college fiscal year 2009-10 provided  that
   21    such  funds  do  not  cause  the college's
   22    revenue from the local sponsor's  contrib-
   23    ution  in  aggregate  to  be less than the
   24    comparable amounts for the previous commu-
   25    nity  college  fiscal  year  and   further
   26    provided  that  pursuant  to standards and
   27    regulations of the state university  trus-
   28    tees  and the city university trustees for
   29    the college fiscal year 2009-10, community
   30    colleges may  increase  tuition  and  fees
   31    above  that allowable under current educa-
   32    tion law if such standards and regulations
   33    require  that  in  order  to  exceed   the
   34    tuition  limit  otherwise set forth in the
   35    education law, local sponsor contributions
   36    either in the aggregate or for each  full-
   37    time  equivalent  student shall be no less
   38    than the comparable amounts for the previ-
   39    ous community college fiscal year ........
   40    .............................[177,687,230]   173,287,230
   41                                --------------

   42  CATEGORICAL PROGRAMS

   43  For payment of rental aid; PROVIDED,  HOWEV-
   44    ER,  THAT THE AMOUNT OF THIS APPROPRIATION
   45    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
   46    ON AND AFTER NOVEMBER  1,  2009  SHALL  BE
   47    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   48    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   49    ................................ 7,209,280
   50                                --------------

   51  CITY UNIVERSITY -- SENIOR COLLEGES

   52    General Fund / Aid to Localities

       S. 22                               9                              A. 22

    1    Local Assistance Account - 001

    2  CITY UNIVERSITY--SENIOR COLLEGE PROGRAMS

    3  For   the  costs  of  the  state  share,  as
    4    prescribed herein, as reimbursement to the
    5    city of New York to  be  paid  during  the
    6    state  fiscal year beginning April 1, 2009
    7    for the operating expenses of  the  senior
    8    college  approved programs and services of
    9    the city university of New York as defined
   10    in section 6230 of the education law.
   11  Notwithstanding paragraphs 3 and 4 of subdi-
   12    vision A of section 6221 of the  education
   13    law,  the amount appropriated herein shall
   14    constitute the maximum state  payment  for
   15    the  2009-10  state  fiscal year beginning
   16    April 1, 2009 to the city of New York,  of
   17    which $428,000,000 is a state liability to
   18    the city for the period beginning April 1,
   19    2009 through June 30, 2010, for reimburse-
   20    ment  of costs incurred by the city at any
   21    time during the 2008-09 academic year.
   22  Notwithstanding any  inconsistent  provision
   23    of  law,  the  dormitory  authority of the
   24    state of New York may issue bonds for  the
   25    purpose of reimbursing equipment disburse-
   26    ments subject to subdivision 14 of section
   27    1680  of  the  public  authorities law and
   28    upon transfer of bond proceeds for  equip-
   29    ment  disbursements, from the city univer-
   30    sity special revenue fund  (377),  facili-
   31    ties   and  planning  income  reimbursable
   32    account (NA) to an account of the city  of
   33    New  York, the general fund appropriations
   34    herein shall be reduced by amounts  equiv-
   35    alent  to  such  transfers but in no event
   36    less than  $20,000,000  for  the  12-month
   37    period  beginning July 1, 2009; the trans-
   38    fer of such bond proceeds shall immediate-
   39    ly and  equivalently  reduce  the  general
   40    fund  amounts appropriated herein; and the
   41    portions of such  general  fund  appropri-
   42    ations  so  affected shall have no further
   43    force or effect.
   44  The state share  of  operating  expenses,  a
   45    portion of which is appropriated herein as
   46    reimbursement  to  New York city, shall be
   47    an  amount  equal  to  the  net  operating
   48    expenses  of  the  senior college approved
   49    programs and services  which  shall  equal
   50    the  total  operating expenses of approved
   51    programs and services less:
   52    (a) all excess tuition  and  instructional
   53      and  noninstructional  fees attributable

       S. 22                              10                              A. 22

    1      to the senior colleges received from the
    2      city university construction fund;
    3    (b)   miscellaneous   revenue   and  fees,
    4      including bad debt recoveries and income
    5      fund reimbursable cost recoveries;
    6    (c) pursuant to section 6221 of the educa-
    7      tion law, a representative share of  the
    8      operating   costs  of  those  activities
    9      within central administration and  univ-
   10      ersity-wide  programs  which,  as deter-
   11      mined  by  the  state  budget  director,
   12      relate  jointly  to  the senior colleges
   13      and community  colleges,  and  New  York
   14      city   support   for   associate  degree
   15      programs at the College of Staten Island
   16      and Medgar Evers  College  and  notwith-
   17      standing  any  other  provision  of law,
   18      rule  or  regulation,  New   York   city
   19      support for associate degree programs at
   20      New  York city college of technology and
   21      John  Jay  college,  with  such  support
   22      based  on  the  2006-07 full-time equiv-
   23      alent (FTE) associate degree enrollments
   24      at these campuses and  calculated  using
   25      the  New York city contribution per city
   26      university community college FTE in  the
   27      2006-07 base year, totaling $32,275,000.
   28  Items  (a) and (b) of the foregoing shall be
   29    hereafter  referred  to  as   the   senior
   30    college  revenue  offset,  and item (c) as
   31    the central administration  and  universi-
   32    ty-wide programs offset.
   33  In  no event shall the state support for the
   34    operating expenses of the  senior  college
   35    approved  programs  and  services  for the
   36    12-month period  beginning  July  1,  2009
   37    Exceed [$1,096,493,377] $1,072,493,377 ...
   38    .......................... [1,061,254,000] 1,037,254,000
   39                                --------------

   40                            EDUCATION DEPARTMENT

   41               STATE OPERATIONS AND AID TO LOCALITIES 2009-10

   42  ELEMENTARY,  MIDDLE,  SECONDARY  AND  CONTINUING EDUCATION
   43    PROGRAM

   44    General Fund / Aid to Localities
   45    Local Assistance Account - 001

   46  For  general  support  for  public  schools,
   47    pursuant to a chapter of the laws of 2009;
   48    including  remaining  2008-09  school year
   49    obligations ............ [16,985,341,000] 16,525,341,000
   50  For competitive grants for  adult  literacy/
   51    education  aid  to public and private not-

       S. 22                              11                              A. 22

    1    for-profit  agencies,  including  but  not
    2    limited  to, 2 and 4 year colleges, commu-
    3    nity based organizations,  libraries,  and
    4    volunteer   literacy   organizations   and
    5    institutions which meet quality  standards
    6    promulgated  by the commissioner of educa-
    7    tion to provide programs of basic  litera-
    8    cy,  high  school equivalency, and English
    9    as a second language to persons  16  years
   10    of  age  or  older  for the 2009-10 school
   11    year; PROVIDED, HOWEVER, THAT  THE  AMOUNT
   12    OF   THIS   APPROPRIATION   AVAILABLE  FOR
   13    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   14    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   15    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   16    AS OF NOVEMBER 1, 2009 ......... 4,906,000
   17  For allowances to private  schools  for  the
   18    blind  and  the  deaf, including state aid
   19    for  blind  and  deaf  pupils  in  certain
   20    institutions  to  be paid for the purposes
   21    provided under article 85 of the education
   22    law for the  education  of  deaf  children
   23    under  3  years of age including transfers
   24    to the miscellaneous special revenue  fund
   25    Rome  school  for the deaf account (339E6)
   26    pursuant to a plan to be developed by  the
   27    commissioner  and approved by the director
   28    of the budget. Notwithstanding  any  other
   29    inconsistent provisions of law, such funds
   30    appropriated  herein  shall be for the New
   31    York state pupils approved to attend  such
   32    schools  and  whose admissions, attendance
   33    and termination therein is  in  accordance
   34    with  rules and regulations of the commis-
   35    sioner of education.
   36  Of the amounts appropriated  herein,  up  to
   37    $6,651,000  shall be used for debt service
   38    on capital construction projects  financed
   39    through  the state dormitory authority and
   40    $111,449,000 shall be available for allow-
   41    ances to schools for the blind and deaf.
   42  Provided further that,  notwithstanding  any
   43    inconsistent   provision   of   law,  upon
   44    disbursement  of  funds  appropriated  for
   45    additional  allowances  to private schools
   46    for the blind and deaf in  the  vocational
   47    and  educational  services for individuals
   48    with disabilities program special  revenue
   49    funds-federal/aid   to  localities,  funds
   50    appropriated herein shall be reduced in an
   51    amount equivalent to such disbursement and
   52    the  portion  of  this  appropriation   so
   53    affected  shall  have  no further force or
   54    effect. Such reduction in the general fund
   55    allowances  to  private  schools  for  the
   56    blind  and  deaf  shall be fully offset by

       S. 22                              12                              A. 22

    1    the special revenue  funds-federal/aid  to
    2    localities  funds  appropriated  for addi-
    3    tional allowances to private  schools  for
    4    the blind and deaf.
    5  Notwithstanding  any provision of the law to
    6    the contrary,  funds  appropriated  herein
    7    shall  be available for payment of liabil-
    8    ities heretofore accrued or  hereafter  to
    9    accrue and, subject to the approval of the
   10    director  of  the budget, such funds shall
   11    be available  to  the  department  net  of
   12    disallowances, refunds, reimbursements and
   13    credits;   PROVIDED,   HOWEVER,  THAT  THE
   14    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   15    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   16    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   17    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   18    AS OF NOVEMBER 1, 2009 ....... 118,100,000
   19  For July and August programs for school-aged
   20    children  with   handicapping   conditions
   21    pursuant  to section 4408 of the education
   22    law. Moneys appropriated herein  shall  be
   23    used  as  follows:  (i) for remaining base
   24    year and prior school  years  obligations,
   25    (ii)  for the purposes of subdivision 4 of
   26    section 3602  of  the  education  law  for
   27    schools  operated under articles 87 and 88
   28    of the education law, and  (iii)  notwith-
   29    standing  any  inconsistent  provision  of
   30    law, for payments made  pursuant  to  this
   31    appropriation   for  current  school  year
   32    obligations, provided, however, that  such
   33    payments  shall  not  exceed 70 percent of
   34    the state aid  due  for  the  sum  of  the
   35    approved tuition and maintenance rates and
   36    transportation  expense provided for here-
   37    in; provided,  however,  that  payment  of
   38    eligible  claims  shall  be payable in the
   39    order that such claims have been  approved
   40    for  payment by the commissioner of educa-
   41    tion, and provided further that  no  claim
   42    shall  be  set  aside for insufficiency of
   43    funds to  make  a  complete  payment,  but
   44    shall be eligible for a partial payment in
   45    one  year  and  shall  retain its priority
   46    date status for subsequent  appropriations
   47    designated  for  such  purposes.  Notwith-
   48    standing any inconsistent provision of law
   49    to the contrary, funds appropriated herein
   50    shall only be  available  for  liabilities
   51    incurred  prior  to July 1, 2010, shall be
   52    used to pay 2008-09 school year claims  in
   53    the  first  instance,  and  represent  the
   54    maximum amount payable during the  2009-10
   55    state  fiscal  year.  Notwithstanding  any
   56    provision of law to  the  contrary,  funds

       S. 22                              13                              A. 22

    1    appropriated herein shall be available for
    2    payment  of liabilities heretofore accrued
    3    or hereafter to accrue and, subject to the
    4    approval  of  the  director of the budget,
    5    such  funds  shall  be  available  to  the
    6    department  net of disallowances, refunds,
    7    reimbursements  and   credits;   PROVIDED,
    8    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
    9    ATION   AVAILABLE   FOR   EXPENDITURE  AND
   10    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   11    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   12    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   13    1, 2009 ...................... 260,400,000
   14  For  services  and expenses of a $27,821,000
   15    2009-10 school year program  for  extended
   16    day   and   school   violence   prevention
   17    programs;  PROVIDED,  HOWEVER,  THAT   THE
   18    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   19    EXPENDITURE  AND DISBURSEMENT ON AND AFTER
   20    NOVEMBER 1, 2009 SHALL BE REDUCED BY  12.5
   21    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   22    AS OF NOVEMBER 1, 2009 ........ 27,821,000
   23  For  services  and  expenses  related to the
   24    development, implementation and  operation
   25    of  charter schools for the 2009-10 school
   26    year including $1,981,000 for  administra-
   27    tive/technical  support  services provided
   28    by the charter  school  institute  of  the
   29    state  university of New York. This appro-
   30    priation  shall  only  be  available   for
   31    expenditure   upon   the  approval  of  an
   32    expenditure plan by the  director  of  the
   33    budget and funds appropriated herein shall
   34    be   transferred   to   the  miscellaneous
   35    special revenue  fund  -  charter  schools
   36    stimulus  account; PROVIDED, HOWEVER, THAT
   37    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   38    FOR EXPENDITURE AND  DISBURSEMENT  ON  AND
   39    AFTER NOVEMBER 1, 2009 SHALL BE REDUCED BY
   40    12.5 PERCENT OF THE AMOUNT THAT WAS UNDIS-
   41    BURSED AS OF NOVEMBER 1, 2009 .. 5,528,000
   42                                --------------

   43    Special Revenue Funds - Federal / Aid to Localities
   44    State Fiscal Stabilization Fund - 267

   45  For  support  of  elementary, secondary, and
   46    post-secondary education  from  the  state
   47    fiscal  stabilization  fund-education fund
   48    as funded by  the  American  recovery  and
   49    reinvestment  act of 2009. Notwithstanding
   50    any other provision of law to the  contra-
   51    ry, of the amounts appropriated herein, up
   52    to  a total of $38,400,000 may be suballo-
   53    cated  or  transferred,  subject  to   the
   54    approval of the director of the budget, to

       S. 22                              14                              A. 22

    1    the  state  university of New York and the
    2    city university of New York for  operating
    3    expenses  of  community  colleges of which
    4    $27,648,000  shall be available for subal-
    5    location or transfer to the state  univer-
    6    sity of New York community college operat-
    7    ing  assistance  program  and  $10,752,000
    8    shall be available  for  suballocation  or
    9    transfer  to  the  city  university of New
   10    York  community  colleges  program.  Funds
   11    appropriate herein shall be subject to all
   12    applicable  reporting  and  accountability
   13    requirements contained in such act .......
   14    .......................... [1,235,000,000] 1,626,000,000
   15                                --------------

   16  For  the  purposes  of  the   state   fiscal
   17    stabilization    fund-other   governmental
   18    services fund as funded  by  the  American
   19    recovery  and  reinvestment  act  of 2009.
   20    Funds appropriated herein shall be subject
   21    to all applicable reporting  and  account-
   22    ability  requirements  contained  in  such
   23    act.
   24  Funds appropriated herein shall be available
   25    for services and expenses of a $40,000,000
   26    teacher resources  and  computer  training
   27    centers  program  for  the  2009-10 school
   28    year provided  that,  notwithstanding  any
   29    inconsistent  provision of law, subject to
   30    the approval of the director of the  budg-
   31    et.  Funds  appropriated  herein  shall be
   32    subject to all  applicable  reporting  and
   33    accountability  requirements  contained in
   34    such  act;  PROVIDED,  HOWEVER  THAT   THE
   35    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   36    EXPENDITURE  AND DISBURSEMENT ON AND AFTER
   37    NOVEMBER 1, 2009 SHALL BE REDUCED BY  12.5
   38    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   39    AS OF NOVEMBER 1, 2009 ........ 40,000,000
   40                                --------------

   41    Special Revenue Funds - Other / Aid to Localities
   42    State Lottery Fund - 160

   43  For  general  support for public schools for
   44    the  2009-10  school  year,   for   grants
   45    awarded  pursuant  to  subparagraph 2-a of
   46    paragraph b of subdivision  4  of  section
   47    92-C of the state finance law ............
   48    ............................ [478,000,000]   547,000,000
   49                                --------------

   50  OFFICE OF HIGHER EDUCATION AND THE PROFESSIONS PROGRAM

   51    General Fund / Aid to Localities

       S. 22                              15                              A. 22

    1    Local Assistance Account - 001

    2  The  moneys  herein  appropriated  shall  be
    3    available for higher and continuing educa-
    4    tion  programs  provided  by   independent
    5    colleges, universities and other organiza-
    6    tions  approved  by  the  state  education
    7    department.
    8  For liberty partnerships program  awards  as
    9    prescribed by section 612 of the education
   10    law as added by chapter 425 of the laws of
   11    1988. Notwithstanding any other section of
   12    law  to  the  contrary,  funding  for such
   13    programs in the 2009-10 fiscal year  shall
   14    be  limited  to  the  amount  appropriated
   15    herein ...................... [11,817,000]    10,842,000
   16  Unrestricted aid to independent colleges and
   17    universities,  notwithstanding  any  other
   18    section of law to the contrary, aid other-
   19    wise due and payable in the 2009-10 fiscal
   20    year shall be limited to the amount appro-
   21    priated  herein;  PROVIDED,  HOWEVER, THAT
   22    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   23    FOR EXPENDITURE AND  DISBURSEMENT  ON  AND
   24    AFTER NOVEMBER 1, 2009 SHALL BE REDUCED BY
   25    12.5 PERCENT OF THE AMOUNT THAT WAS UNDIS-
   26    BURSED AS OF NOVEMBER 1, 2009 ............
   27    ............................... 41,600,000
   28  For  higher  education  opportunity  program
   29    awards. Funds appropriated herein shall be
   30    used by  independent  colleges  to  expand
   31    opportunities  for  the  educationally and
   32    economically disadvantaged at  independent
   33    institutions of higher learning; PROVIDED,
   34    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   35    ATION   AVAILABLE   FOR   EXPENDITURE  AND
   36    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   37    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   38    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   39    1, 2009 ....................... 23,752,000
   40  For  science  and  technology  entry program
   41    (STEP) awards ............... [10,283,000]     9,774,000
   42  For collegiate science and technology  entry
   43    program (CSTEP)awards ........ [4,000,000]     3,806,000
   44                                --------------

   45  CULTURAL EDUCATION PROGRAM

   46    General Fund / Aid to Localities
   47    Local Assistance Account - 001

   48  Aid to public libraries including aid to New
   49    York  public  library  (NYPL)  and  NYPL's
   50    science  industry  and  business  library.
   51    Provided    that,    notwithstanding   any
   52    provision of law, rule  or  regulation  to

       S. 22                              16                              A. 22

    1    the  contrary,  such  aid, and the state's
    2    liability   therefor,   shall    represent
    3    fulfillment  of the state's obligation for
    4    this  program; PROVIDED, HOWEVER, THAT THE
    5    AMOUNT OF  THE  EXPENDITURE  OR  LIABILITY
    6    PURSUANT  TO  SUCH  LAW  SHALL  BE FURTHER
    7    REDUCED BY 12.5 PERCENT  OF  SUCH  REDUCED
    8    AMOUNT, AND THAT THE AMOUNT OF THIS APPRO-
    9    PRIATION  AVAILABLE  FOR  EXPENDITURE  AND
   10    DISBURSEMENT ON AND AFTER SUCH DATE  SHALL
   11    BE  REDUCED  BY 12.5 PERCENT OF THE AMOUNT
   12    THAT WAS UNDISBURSED  AS  OF  NOVEMBER  1,
   13    2009 .......................... 80,500,000
   14  For  additional  aid  to  public  libraries;
   15    PROVIDED, HOWEVER, THAT THE AMOUNT OF  THE
   16    EXPENDITURE  OR LIABILITY PURSUANT TO SUCH
   17    LAW  SHALL  BE  FURTHER  REDUCED  BY  12.5
   18    PERCENT  OF  SUCH REDUCED AMOUNT, AND THAT
   19    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   20    FOR EXPENDITURE AND  DISBURSEMENT  ON  AND
   21    AFTER  SUCH  DATE SHALL BE REDUCED BY 12.5
   22    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   23    AS OF NOVEMBER 1, 2009 ........ 10,581,000
   24                                --------------

   25    Special Revenue Funds - Other / Aid to Localities
   26    New  York  State  Local  Government  Records  Management
   27      Improvement Fund - 052
   28    Local Government Records Management Account

   29  Grants  to  individual  local governments or
   30    groups of cooperating local governments as
   31    provided in section 57.35 of the arts  and
   32    cultural  affairs  law; PROVIDED, HOWEVER,
   33    THAT  THE  AMOUNT  OF  THIS  APPROPRIATION
   34    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
   35    ON  AND  AFTER  NOVEMBER  1, 2009 SHALL BE
   36    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   37    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   38    ................................ 9,539,000
   39                                --------------

   40                       DEPARTMENT OF FAMILY ASSISTANCE

   41                   OFFICE OF CHILDREN AND FAMILY SERVICES

   42              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

   43  FAMILY AND CHILDREN'S SERVICES PROGRAM

   44    General Fund / Aid to Localities
   45    Local Assistance Account - 001

   46  For state aid grants to support  contractual
   47    agreements  with  community-based programs
   48    for children, youth and families, in order

       S. 22                              17                              A. 22

    1    to provide services that meet the needs of
    2    families  and  enhance  the   safety   and
    3    stability  of  children and youth in their
    4    homes   and  contractual  agreements  with
    5    non-for-profits to enhance the  assessment
    6    of the need for, and provision of services
    7    to,  victims of domestic violence that are
    8    involved  in  child  protective   services
    9    cases. Such funds are available to contin-
   10    ue or expand existing programs with exist-
   11    ing  contractors  that  are satisfactorily
   12    performing   services,   to   award    new
   13    contracts   to   continue  programs  where
   14    existing contractors are not satisfactori-
   15    ly performing as determined by the  office
   16    of  children  and  family services, and/or
   17    award new contracts through a  competitive
   18    process;   PROVIDED,   HOWEVER,  THAT  THE
   19    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   20    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   21    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   22    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   23    AS OF NOVEMBER 1, 2009 ......... 4,934,100
   24  For services and expenses of  certain  local
   25    or  regional multidisciplinary child abuse
   26    investigation teams approved by the office
   27    of children and family  services  for  the
   28    purpose   of   investigating   reports  of
   29    suspected child abuse or maltreatment  and
   30    for  new  and  established  child advocacy
   31    centers;  PROVIDED,  HOWEVER,   THAT   THE
   32    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   33    EXPENDITURE  AND DISBURSEMENT ON AND AFTER
   34    NOVEMBER 1, 2009 SHALL BE REDUCED BY  12.5
   35    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   36    AS OF NOVEMBER 1, 2009 ......... 5,811,000
   37  The  money  hereby  appropriated  is  to  be
   38    available for payment of state aid hereto-
   39    fore accrued or  hereafter  to  accrue  to
   40    municipalities. Subject to the approval of
   41    the  director  of  the  budget,  the money
   42    hereby appropriated shall be available  to
   43    the  office net of disallowances, refunds,
   44    reimbursements, and credits.
   45  Notwithstanding any  inconsistent  provision
   46    of law, the amount herein appropriated may
   47    be  transferred to any other appropriation
   48    within the office of children  and  family
   49    services  and/or  the  office of temporary
   50    and disability assistance and/or  suballo-
   51    cated to the office of temporary and disa-
   52    bility   assistance  for  the  purpose  of
   53    paying local  social  services  districts'
   54    costs  of  the  above  program  and may be
   55    increased or decreased by interchange with
   56    any other appropriation or with any  other

       S. 22                              18                              A. 22

    1    item or items within the amounts appropri-
    2    ated  within  the  office  of children and
    3    family  services  general  fund  -   local
    4    assistance  account  with  the approval of
    5    the director of the budget who shall  file
    6    such approval with the department of audit
    7    and  control  and  copies thereof with the
    8    chairman of the senate  finance  committee
    9    and  the chairman of the assembly ways and
   10    means committee.
   11  Notwithstanding any  inconsistent  provision
   12    of  law, in lieu of payments authorized by
   13    the social services law,  or  payments  of
   14    federal  funds  otherwise due to the local
   15    social  services  districts  for  programs
   16    provided under the federal social security
   17    act  or  the federal food stamp act, funds
   18    herein appropriated, in amounts  certified
   19    by  the  state  commissioner  or the state
   20    commissioner of health as due  from  local
   21    social  services  districts  each month as
   22    their share of payments made  pursuant  to
   23    section  367-b  of the social services law
   24    may be set aside by the state  comptroller
   25    in  an  interest-bearing account with such
   26    interest accruing to  the  credit  of  the
   27    locality  in  order  to ensure the orderly
   28    and  prompt  payment  of  providers  under
   29    section  367-b  of the social services law
   30    pursuant to an estimate  provided  by  the
   31    commissioner   of  health  of  each  local
   32    social  services   district's   share   of
   33    payments made pursuant to section 367-b of
   34    the social services law.
   35  Notwithstanding  any  inconsistent provision
   36    of law,  the  amount  hereby  appropriated
   37    shall  be  available  for  the  designated
   38    purposes, less the amount, as certified by
   39    the director of the budget, of any  trans-
   40    fers  from the general fund to the tobacco
   41    control  and  insurance  initiatives  pool
   42    established  pursuant to section 2807-v of
   43    the public  health  law,  to  reflect  the
   44    state savings attributable to this program
   45    resulting  from an increase in the federal
   46    medical assistance percentage available to
   47    the  state  pursuant  to  the   applicable
   48    provisions  of the federal social security
   49    act.
   50  The amounts  appropriated  herein  shall  be
   51    available   for   reimbursement  of  local
   52    district claims only to  the  extent  that
   53    such  claims  are submitted within twenty-
   54    four months of the last day of  the  state
   55    fiscal year in which the expenditures were
   56    incurred,  unless waived for good cause by

       S. 22                              19                              A. 22

    1    the commissioner subject to  the  approval
    2    of the director of the budget.
    3  For  services  and  expenses of medical care
    4    for foster children. The amount  appropri-
    5    ated  herein shall be available for trans-
    6    fer or suballocation to the department  of
    7    health  for the medical assistance program
    8    for such services and expenses;  PROVIDED,
    9    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   10    ATION   AVAILABLE   FOR   EXPENDITURE  AND
   11    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   12    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   13    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   14    1, 2009 ....................... 34,000,000
   15  Of    the    amount   appropriated   herein,
   16    $23,605,938 shall be available as follows;
   17    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
   18    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
   19    AND  DISBURSEMENT ON AND AFTER NOVEMBER 1,
   20    2009 SHALL BE REDUCED BY 12.5  PERCENT  OF
   21    THE  AMOUNT  THAT  WAS  UNDISBURSED  AS OF
   22    NOVEMBER 1, 2009:
   23  For services and expenses related to locally
   24    operated youth development and delinquency
   25    prevention programs. No expenditure  shall
   26    be  made  from  this appropriation until a
   27    plan has been approved by the director  of
   28    the  budget  and a certificate of approval
   29    allocating these funds has been issued  by
   30    the director of the budget.
   31  Notwithstanding  the  provisions  of section
   32    420  of  the  executive  law  which  would
   33    require expenditure of state aid for youth
   34    programs  in  a  total amount greater than
   35    [$23,605,938] THE AMOUNT APPROPRIATED, for
   36    payment of state aid for programs pursuant
   37    to article 19-A of the executive law,  for
   38    delinquency  prevention and youth develop-
   39    ment. Notwithstanding  the  provisions  of
   40    section  420  of the executive law, eligi-
   41    bility for  state  aid  reimbursement  for
   42    counties  which  do not participate in the
   43    county  comprehensive   planning   process
   44    shall be determined as follows: the aggre-
   45    gate  amount  of state aid for recreation,
   46    youth service and similar  projects  to  a
   47    county   and  municipalities  within  such
   48    county shall not exceed $2,750 of which no
   49    more than $1,450 may be  used  for  recre-
   50    ation  projects, per 1,000 youths residing
   51    in the county based on a single  count  of
   52    such youths as shown by the last published
   53    federal census for the county certified in
   54    the  same manner as provided by section 54
   55    of the state finance law. The office shall
   56    not reimburse any claims unless  they  are

       S. 22                              20                              A. 22

    1    submitted  within 12 months of the project
    2    year in which the expenditure was made.
    3  Of the amount appropriated herein $7,775,586
    4    shall  be  available as follows; PROVIDED,
    5    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
    6    ATION  AVAILABLE   FOR   EXPENDITURE   AND
    7    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
    8    SHALL  BE  REDUCED  BY 12.5 PERCENT OF THE
    9    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   10    1, 2009:
   11  For  services  and   expenses   related   to
   12    programs   providing  special  delinquency
   13    prevention  or  other  youth   development
   14    services. No expenditure shall be made for
   15    such   programs  from  this  appropriation
   16    until a plan   has been  approved  by  the
   17    director  of  the budget and a certificate
   18    of approval  allocating  these  funds  has
   19    been issued by the director of the budget.
   20    The  office shall not reimburse any claims
   21    unless they are submitted within 7  months
   22    of  the project year in which the expendi-
   23    ture was made.
   24  For direct contracts with  private  not-for-
   25    profit community agencies to provide need-
   26    ed  services for the operation of programs
   27    to  prevent   juvenile   delinquency   and
   28    promote  youth development, and through an
   29    allocation to public agencies where it  is
   30    documented   that  private  not-for-profit
   31    community agencies are  not  available  to
   32    provide  such  services.  Moneys  shall be
   33    made available to  community  agencies  in
   34    counties  outside  the  city  of  New York
   35    based on a  statewide  allocation  formula
   36    determined  by  each  county's eligibility
   37    for  comprehensive  planning  funds  as  a
   38    proportion of the statewide total provided
   39    under  paragraph  a  of  subdivision  1 of
   40    section 420 of the executive  law.  Moneys
   41    made available to community agencies shall
   42    be   allocated   by  local  youth  bureaus
   43    subject to final funding determinations by
   44    the commissioner of  children  and  family
   45    services  and  approved by the director of
   46    the budget.
   47  For direct contract  with  private  not-for-
   48    profit community agencies to provide need-
   49    ed  services for the operation of programs
   50    to  prevent   juvenile   delinquency   and
   51    promote  youth development, and through an
   52    allocation to public agencies where it  is
   53    documented   that  private  not-for-profit
   54    agencies are not available to provide such
   55    services.

       S. 22                              21                              A. 22

    1  Notwithstanding any  inconsistent  provision
    2    of  law, moneys shall be made available to
    3    community agencies in  cities  with  popu-
    4    lations greater than 275,000 and to commu-
    5    nity agencies statewide ....... 31,381,524
    6  For  payment  of  state aid for programs for
    7    the provision of services to  runaway  and
    8    homeless youth pursuant to subdivisions 2,
    9    3  and  4  of section 420 of the executive
   10    law and pursuant to  chapter  800  of  the
   11    laws  of  1985  amending  the  runaway and
   12    homeless youth act for  the  provision  of
   13    transitional  independent  living  support
   14    services and the establishment and  opera-
   15    tion  of  young  adult  shelters for youth
   16    between the ages of 16 and 21; the  office
   17    of  children and family services shall not
   18    reimburse  any  claims  unless  they   are
   19    submitted within 12 months of the calendar
   20    quarter  in  which  the claimed service or
   21    services were delivered; PROVIDED,  HOWEV-
   22    ER,  THAT THE AMOUNT OF THIS APPROPRIATION
   23    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
   24    ON AND AFTER NOVEMBER  1,  2009  SHALL  BE
   25    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   26    WAS  UNDISBURSED  AS  OF NOVEMBER 1, 2009.
   27    No expenditures shall be  made  from  this
   28    appropriation  until an annual expenditure
   29    plan is approved by the  director  of  the
   30    budget and a certificate of approval allo-
   31    cating  these funds has been issued by the
   32    director of the budget and copies of  such
   33    certificate or any amendment thereto filed
   34    with  the  state  comptroller,  the chair-
   35    person of the senate finance committee and
   36    the chairperson of the assembly  ways  and
   37    means committee ................ 5,235,048
   38  For  services  and  expenses  related to the
   39    home visiting program. Such funds  are  to
   40    be  available  pursuant to a plan prepared
   41    by  the  office  of  children  and  family
   42    services  and  approved by the director of
   43    the budget to continue or expand  existing
   44    programs  with  existing  contractors that
   45    are satisfactorily  performing  as  deter-
   46    mined by the office of children and family
   47    services,   to   award  new  contracts  to
   48    continue  programs  where   the   existing
   49    contractors    are    not   satisfactorily
   50    performing as determined by the office  of
   51    children  and  family  services  and/or to
   52    award new contracts through a  competitive
   53    process;   PROVIDED,   HOWEVER,  THAT  THE
   54    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   55    EXPENDITURE AND DISBURSEMENT ON AND  AFTER

       S. 22                              22                              A. 22

    1    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
    2    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
    3    AS OF NOVEMBER 1, 2009 ........ 17,466,200
    4  For  services  and expenses of the advantage
    5    after school program. Such funds are to be
    6    available pursuant to a plan  prepared  by
    7    the office of children and family services
    8    and approved by the director of the budget
    9    to extend or expand current contracts with
   10    community  based  organizations,  to award
   11    new contracts to continue  programs  where
   12    the existing contractors are not satisfac-
   13    torily  performing  as  determined  by the
   14    office of  children  and  family  services
   15    and/or  to  award  new contracts through a
   16    competitive  process  to  community  based
   17    organizations; PROVIDED, HOWEVER, THAT THE
   18    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   19    EXPENDITURE  AND DISBURSEMENT ON AND AFTER
   20    NOVEMBER 1, 2009 SHALL BE REDUCED BY  12.5
   21    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   22    AS OF NOVEMBER 1, 2009 ........ 19,172,500
   23                                --------------

   24  TRAINING AND DEVELOPMENT PROGRAM

   25    General Fund / Aid to Localities
   26    Local Assistance Account - 001

   27  For  state  reimbursement  to  local  social
   28    services districts for  training  expenses
   29    associated  with  title  IV-a, title IV-e,
   30    title IV-d, title IV-f and  title  XIX  of
   31    the  federal  social security act or their
   32    successor titles and programs.
   33  Funds appropriated herein shall be available
   34    for aid to municipalities and for payments
   35    to the federal government for expenditures
   36    made pursuant to the social  services  law
   37    and  the  state  plan  for  individual and
   38    family grant program  under  the  disaster
   39    relief act of 1974.
   40  Such  funds  are to be available for payment
   41    of aid heretofore accrued or hereafter  to
   42    accrue  to  municipalities. Subject to the
   43    approval of the director  of  the  budget,
   44    such  funds  shall  be  available  to  the
   45    office  net  of  disallowances,   refunds,
   46    reimbursements, and credits.
   47  Notwithstanding  any  inconsistent provision
   48    of law, the amount herein appropriated may
   49    be transferred to any other  appropriation
   50    and/or  suballocated  to  any other agency
   51    for the purpose  of  paying  local  social
   52    services district cost or may be increased
   53    or decreased by interchange with any other

       S. 22                              23                              A. 22

    1    appropriation  or  with  any other item or
    2    items  within  the  amounts   appropriated
    3    within  the  office of children and family
    4    services  -  local assistance account with
    5    the approval of the director of the budget
    6    who shall  file  such  approval  with  the
    7    department of audit and control and copies
    8    thereof  with  the  chairman of the senate
    9    finance committee and the chairman of  the
   10    assembly ways and means committee.
   11  The  amount  appropriated  herein, as may be
   12    adjusted  by  transfer  of  general   fund
   13    moneys   for   administration   of   child
   14    welfare, training and development,  public
   15    assistance, and food stamp programs appro-
   16    priated  in  the  office  of  children and
   17    family services and the office  of  tempo-
   18    rary   and  disability  assistance,  shall
   19    constitute total state  reimbursement  for
   20    all   local  training  programs  in  state
   21    fiscal year  2009-10;  PROVIDED,  HOWEVER,
   22    THAT  THE  AMOUNT  OF  THIS  APPROPRIATION
   23    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
   24    ON AND AFTER NOVEMBER  1,  2009  SHALL  BE
   25    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   26    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   27    ................................ 5,515,800
   28                                --------------

   29                       DEPARTMENT OF FAMILY ASSISTANCE
   30                OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

   31              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

   32  EMPLOYMENT AND ECONOMIC SUPPORT ADMINISTRATION PROGRAM

   33    General Fund / Aid to Localities
   34    Local Assistance Account - 001

   35  Funds  appropriated according to the follow-
   36    ing shall be available for payment of  aid
   37    heretofore  accrued or hereafter to accrue
   38    to  municipalities.  Notwithstanding   any
   39    inconsistent  provision of law, such funds
   40    may be increased or  decreased  by  inter-
   41    change with any other appropriation within
   42    the  office  of  temporary  and disability
   43    assistance general fund - local assistance
   44    account with the approval of the  director
   45    of  the  budget.   Notwithstanding section
   46    153 of the social services law, such funds
   47    allocated  to  social  services  districts
   48    shall constitute total state reimbursement
   49    for  local  district administrative claims
   50    in State fiscal year 2009-2010:

       S. 22                              24                              A. 22

    1  For expenditures associated with the  opera-
    2    tion  of  a  statewide  electronic benefit
    3    transfer  (EBT)   system   including   the
    4    design,  development,  implementation  and
    5    operation of a non-cash component consist-
    6    ent  with  the  safety  net  provisions of
    7    chapter 436 of the laws of  1997  enacting
    8    comprehensive  welfare  reform;  PROVIDED,
    9    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   10    ATION  AVAILABLE   FOR   EXPENDITURE   AND
   11    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   12    SHALL  BE  REDUCED  BY 12.5 PERCENT OF THE
   13    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   14    1, 2009 ....................... 10,345,000
   15  For services and expenses incurred by  local
   16    social  services  districts in relation to
   17    the  administrative  cap  waiver  requests
   18    submitted  to  the office of temporary and
   19    disability  assistance  for  exempt   area
   20    plans submitted for calendar years through
   21    2003.
   22  Notwithstanding  any  inconsistent provision
   23    of law, reimbursement otherwise payable to
   24    social services districts from this appro-
   25    priation  shall  be  reduced  in   amounts
   26    sufficient  to  recover  a local share for
   27    the cost of the electronic  benefit  issu-
   28    ance and control system (EBICS) and/or for
   29    the  cost  of the electronic benefit issu-
   30    ance (EBT) system or any successor system.
   31    Such local share shall  be  calculated  as
   32    though  such  cost  were  expenditures for
   33    administration  of  programs   of   public
   34    assistance and care.
   35  Notwithstanding   section   153,  368-a,  or
   36    subdivision 6 of section 95 of the  social
   37    services  law,  or  any other inconsistent
   38    provision of law, to establish local  cost
   39    sharing   in  the  fair  hearing  process,
   40    reimbursement otherwise payable to  social
   41    services districts from this appropriation
   42    shall be reduced for the period commencing
   43    April 1, 2009 and ending March 31, 2010 by
   44    $5,897,000.   Such   reduction   shall  be
   45    prorated among social  services  districts
   46    based  on  the  number  of  fair  hearings
   47    related to public assistance  programs  or
   48    its   predecessor  programs,  and  medical
   49    assistance held in  each  district  during
   50    state  fiscal year 2008-09 as a proportion
   51    of the New York state fair  hearing  case-
   52    load related to such programs.
   53  Notwithstanding  section  153  of the social
   54    services law or any inconsistent provision
   55    of law, reimbursement otherwise payable to
   56    social services districts from this appro-

       S. 22                              25                              A. 22

    1    priation  shall  be  reduced  in   amounts
    2    sufficient to fully recover the non-feder-
    3    al  share of any costs related to a common
    4    benefit identification card system includ-
    5    ing costs related to an employment related
    6    attendance  and  tracking  system (CBICS).
    7    Such costs shall be allocated  proportion-
    8    ately   among  social  services  districts
    9    based on the number  of  cards  issued  on
   10    behalf  of  each  district  and use of the
   11    attendance  tracking  system  or  by  such
   12    alternative   cost   allocation  procedure
   13    deemed appropriate by the commissioner and
   14    approved by the director  of  the  budget.
   15    Notwithstanding any inconsistent provision
   16    of  law,  the  commissioner may certify to
   17    the state  comptroller  estimates  of  the
   18    amounts  due  from  each  social  services
   19    district for such local financial  partic-
   20    ipation  and  may  deduct  such  estimated
   21    amounts from reimbursement  authorized  by
   22    section  153  of  the social services law;
   23    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
   24    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
   25    AND  DISBURSEMENT ON AND AFTER NOVEMBER 1,
   26    2009 SHALL BE REDUCED BY 12.5  PERCENT  OF
   27    THE  AMOUNT  THAT  WAS  UNDISBURSED  AS OF
   28    NOVEMBER 1, 2009 ............... 9,212,000
   29                                --------------

   30  EMPLOYMENT AND ECONOMIC SUPPORT PROGRAM

   31    General Fund / Aid to Localities
   32    Local Assistance Account - 001

   33  For the services of  a  program  to  provide
   34    homelessness  prevention  and  services to
   35    prevent eviction of families with children
   36    receiving  temporary   assistance.   Funds
   37    appropriated  herein  shall  be awarded to
   38    community based organizations  to  provide
   39    eviction prevention activities to eligible
   40    families,  including  but  not  limited to
   41    risk assessment, service plan development,
   42    advocacy  services  and   legal   services
   43    referral.  Notwithstanding  section 153 of
   44    the  social  services  law  or  any  other
   45    inconsistent   provision   of  law,  funds
   46    appropriated herein shall be used to reim-
   47    burse the full non-federal  share  of  any
   48    approved expenditures.  Funds appropriated
   49    herein  are supported by savings resulting
   50    from the increased Federal Medical Assist-
   51    ance Percentage (FMAP)  provided  pursuant
   52    to  the American recovery and reinvestment
   53    act of 2009; PROVIDED, HOWEVER,  THAT  THE

       S. 22                              26                              A. 22

    1    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
    2    EXPENDITURE  AND DISBURSEMENT ON AND AFTER
    3    NOVEMBER 1, 2009 SHALL BE REDUCED BY  12.5
    4    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
    5    AS OF NOVEMBER 1, 2009 ......... 5,000,000
    6                                --------------

    7  SPECIALIZED SERVICES PROGRAM

    8    General Fund / Aid to Localities
    9    Local Assistance Account - 001

   10  Funds appropriated herein shall be available
   11    for aid to municipalities and for payments
   12    to the federal government for expenditures
   13    made  pursuant  to the social services law
   14    and the  state  plan  for  individual  and
   15    family  grant  program  under the disaster
   16    relief act of 1974.
   17  The amounts  appropriated  herein  shall  be
   18    available   for   reimbursement  of  local
   19    district claims only to  the  extent  that
   20    such claims are submitted within 24 months
   21    of  the  last day of the state fiscal year
   22    in which the expenditures were incurred.
   23  Notwithstanding any  inconsistent  provision
   24    of  law, in lieu of payments authorized by
   25    the social services law,  or  payments  of
   26    federal  funds  otherwise due to the local
   27    social  services  districts  for  programs
   28    provided under the federal social security
   29    act  or  the federal food stamp act, funds
   30    herein appropriated, in amounts  certified
   31    by  the  state  commissioner  or the state
   32    commissioner of health as due  from  local
   33    social  services  districts  each month as
   34    their share of payments made  pursuant  to
   35    section  367-b  of the social services law
   36    may be set aside by the state  comptroller
   37    in  an  interest-bearing account with such
   38    interest accruing to  the  credit  of  the
   39    locality  in  order  to ensure the orderly
   40    and  prompt  payment  of  providers  under
   41    section  367-b  of the social services law
   42    pursuant to an estimate  provided  by  the
   43    commissioner   of  health  of  each  local
   44    social  services   district's   share   of
   45    payments made pursuant to section 367-b of
   46    the social services law.
   47  Such  funds  are to be available for payment
   48    of aid heretofore accrued or hereafter  to
   49    accrue  to  municipalities. Subject to the
   50    approval of the director  of  the  budget,
   51    such  funds  shall  be  available  to  the
   52    office of temporary and disability assist-
   53    ance  program,   net   of   disallowances,

       S. 22                              27                              A. 22

    1    refunds,   reimbursements,   and   credits
    2    including, but not limited to,  additional
    3    federal  funds  resulting from any changes
    4    in federal cost allocation methodologies.
    5  Notwithstanding  any  inconsistent provision
    6    of law, the amount herein appropriated may
    7    be increased or decreased  by  interchange
    8    with  any  other  appropriation within the
    9    department of family assistance, office of
   10    temporary and  disability  assistance  and
   11    office  of  children  and  family services
   12    general fund -  local  assistance  account
   13    with  the  approval of the director of the
   14    budget, who shall file such approval  with
   15    the  department  of  audit and control and
   16    copies thereof with the  chairman  of  the
   17    senate  finance committee and the chairman
   18    of the assembly ways and means committee.
   19  For 50 percent reimbursement of expenditures
   20    made by a social services  district  or  a
   21    not-for-profit  corporation for supportive
   22    service subsidies for single room occupan-
   23    cy  housing  for   homeless   individuals,
   24    pursuant  to title 2 of article 2-A of the
   25    social services law.  Subject  to  a  plan
   26    approved by the director of the budget, up
   27    to  $250,000  of  the  funds  appropriated
   28    herein, may  be  used  by  the  office  of
   29    temporary    and   disability   assistance
   30    through contract, for technical assistance
   31    to organizations operating or  supervising
   32    the  operation  of a single room occupancy
   33    program;  PROVIDED,  HOWEVER,   THAT   THE
   34    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   35    EXPENDITURE  AND DISBURSEMENT ON AND AFTER
   36    NOVEMBER 1, 2009 SHALL BE REDUCED BY  12.5
   37    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   38    AS OF NOVEMBER 1, 2009 ........ 16,074,000
   39  For  additional  services  and  expenses for
   40    supportive service  subsidies  for  single
   41    room occupancy housing. Funds appropriated
   42    herein  are supported by savings resulting
   43    from the increased Federal Medical Assist-
   44    ance Percentage (FMAP)  provided  pursuant
   45    to  the American recovery and reinvestment
   46    act of 2009; PROVIDED, HOWEVER,  THAT  THE
   47    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   48    EXPENDITURE  AND DISBURSEMENT ON AND AFTER
   49    NOVEMBER 1, 2009 SHALL BE REDUCED BY  12.5
   50    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   51    AS OF NOVEMBER 1, 2009 ......... 3,553,000
   52                                --------------

   53                    HIGHER EDUCATION SERVICES CORPORATION

   54              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

       S. 22                              28                              A. 22

    1  STUDENT GRANT AND AWARD PROGRAMS ........................... 930,486,000
    2                                                            --------------

    3    General Fund / Aid to Localities
    4    Local Assistance Account - 001

    5  For  tuition  assistance  awards,  including
    6    part-time  TAP,   provided   to   eligible
    7    students  as defined in section 667 of the
    8    education law and as  further  defined  in
    9    rules   and  regulations  adopted  by  the
   10    regents upon  the  recommendation  of  the
   11    commissioner  of education and distributed
   12    in accordance with rules  and  regulations
   13    adopted  by  the  trustees  of  the higher
   14    education services  corporation  upon  the
   15    recommendation   of   the   president  and
   16    approval of the director of the budget.
   17  The  moneys  hereby  appropriated  shall  be
   18    available  for expenses already accrued or
   19    to  accrue  and  shall  include   refunds,
   20    reimbursements,    credits    and   moneys
   21    received by the higher education  services
   22    corporation  as repayments of past tuition
   23    assistance   program   disbursements    in
   24    accordance  with  audit  allowances,  upon
   25    approval of the director  of  the  budget,
   26    for  transfer to the federal department of
   27    education fund appropriation of the  state
   28    grant  programs  in  order to reduce state
   29    cost should additional federal  assistance
   30    become  available  in  the 2009-2010 state
   31    fiscal year.
   32  A portion of the moneys hereby  appropriated
   33    shall  be transferred to the state student
   34    financial aid audit account  (FA)  special
   35    revenue  fund  in  an amount sufficient to
   36    support spending in the account.
   37  Notwithstanding any other provision of  law,
   38    during the fiscal year commencing April 1,
   39    2009, additional awards due and payable to
   40    eligible  students  for  accelerated study
   41    shall be deferred until October  1,  2010.
   42    Such  additional  awards shall be adjusted
   43    on a pro rata basis  pursuant  to  section
   44    667 of the education law. However, nothing
   45    contained herein shall prevent the payment
   46    of  such  awards  prior to October 1, 2010
   47    should additional funds be provided there-
   48    for .......................... 838,966,000
   49  Less an amount to be appropriated  from  the
   50    federal  department  of  education  fund -
   51    state stabilization fund -  other  govern-
   52    mental  services  account as funded by the
   53    American recovery and reinvestment act  of
   54    2009 for tuition assistance awards .......

       S. 22                              29                              A. 22

    1    ........................... [(49,900,000)]  (53,864,000)
    2  For  the  payment of tuition awards to part-
    3    time students pursuant to section  666  of
    4    the  education  law, as amended by chapter
    5    947 of the laws of 1990 ....... 14,357,000
    6  For   the   payment  of  scholarship  awards
    7    including New York state math and  science
    8    teaching  initiative  scholarship pursuant
    9    to section 669-d  of  the  education  law,
   10    veteran's   tuition   assistance   program
   11    pursuant to section 669-a of the education
   12    law, military enhanced recognition, incen-
   13    tive  and  tribute  (MERIT)   scholarships
   14    pursuant to section 668-e of the education
   15    law,  world trade center memorial scholar-
   16    ships pursuant to  section  668-d  of  the
   17    education  law,  memorial scholarships for
   18    children and  spouses  of  deceased  fire-
   19    fighters,   volunteer   firefighters   and
   20    police officers, peace officers and  emer-
   21    gency  medical service workers pursuant to
   22    section 668-b of the education law, Ameri-
   23    can airlines flight 587 memorial  scholar-
   24    ships   and  program  grants  pursuant  to
   25    section 668-f of the education law, schol-
   26    arships for academic  excellence  pursuant
   27    to  section  670-b  of  the education law,
   28    regents health care  opportunity  scholar-
   29    ships  pursuant  to  section  678  of  the
   30    education law, regents professional oppor-
   31    tunity scholarships  pursuant  to  section
   32    679  of  the education law, regents awards
   33    for  children  of  deceased  and  disabled
   34    veterans  pursuant  to  section 668 of the
   35    education  law,  regents  physician   loan
   36    forgiveness awards pursuant to section 677
   37    of  the  education law, volunteer recruit-
   38    ment  service  scholarships  pursuant   to
   39    section  669-c  of  the education law, and
   40    Continental Airline flight  3407  memorial
   41    scholarships  pursuant to section 668-g of
   42    the education law.
   43  Notwithstanding the provisions of any  other
   44    law to the contrary, for state fiscal year
   45    2009-2010 the liabilities of the state and
   46    the amounts to be distributed or otherwise
   47    expended   by   the   state,  pursuant  to
   48    sections 668, 668-b, 668-d, 668-e,  668-f,
   49    668-g,  669-a,  669-c,  669-d, 670-b, 677,
   50    678 and 679 of the education law shall  be
   51    determined   by   first   calculating  the
   52    amounts  of  the  expenditures  or   other
   53    liabilities pursuant to such law, and then
   54    reducing  the amounts so calculated by two
   55    percent of such amount.

       S. 22                              30                              A. 22

    1  Notwithstanding any other provision of  law,
    2    no portion of this appropriation is avail-
    3    able for payment of regents college schol-
    4    arships, regents professional education in
    5    nursing  scholarships,  empire state chal-
    6    lenger scholarships for  teachers,  empire
    7    state challenger fellowships for teachers,
    8    or  empire  state  scholarships  of excel-
    9    lence. Notwithstanding any other provision
   10    of law, no portion of  this  appropriation
   11    is  available  for the payment of interest
   12    on federal loans  on  behalf  of  students
   13    ineligible  to  have  such payment paid by
   14    the federal government ........ 39,152,000
   15  For payment of scholarship and loan forgive-
   16    ness awards of  the  senator  Patricia  K.
   17    McGee  nursing faculty scholarship program
   18    and the nursing faculty  loan  forgiveness
   19    incentive   program  awarded  pursuant  to
   20    chapter 63 of the laws of 2005 as  amended
   21    by  chapters  161  and  746 of the laws of
   22    2005. Notwithstanding  the  provisions  of
   23    any  other  law to the contrary, for state
   24    fiscal year 2009-2010 the  liabilities  of
   25    the  state  and the amounts to be distrib-
   26    uted or otherwise expended by  the  state,
   27    pursuant  to  sections  679-c and 679-d of
   28    the education law shall be  determined  by
   29    first   calculating  the  amounts  of  the
   30    expenditures or other liabilities pursuant
   31    to such law, and then reducing the amounts
   32    so  calculated  by  two  percent  of  such
   33    amount ......................... 3,933,000
   34  For  payment  of  loan forgiveness awards of
   35    the regents licensed  social  worker  loan
   36    forgiveness  program  awarded  pursuant to
   37    chapter 57 of the laws of 2005 as  amended
   38    by  chapter  161  of  the  laws  of  2005.
   39    Notwithstanding  the  provisions  of   any
   40    other  law  to  the  contrary,  for  state
   41    fiscal year 2009-2010 the liability of the
   42    state and the amount to be distributed  or
   43    otherwise  expended by the state, pursuant
   44    to section  679-a  of  the  education  law
   45    shall  be  determined by first calculating
   46    the amount of  the  expenditure  or  other
   47    liability  pursuant  to such law, and then
   48    reducing the amount so calculated  by  two
   49    percent of such amount ........... 978,000
   50                                --------------
   51      Program account subtotal ... 847,486,000
   52                                --------------

   53    Special Revenue Funds - Federal / Aid to Localities
   54    Federal Department of Education Fund - 267

       S. 22                              31                              A. 22

    1  For payment of tuition assistance ..........
    2    ................................ 5,900,000
    3                                --------------
    4      Program fund subtotal ........ 5,900,000
    5                                --------------

    6    Special Revenue Funds - Federal / Aid to Localities
    7    Federal Department of Education Fund - 267
    8    HESC-College Access Challenge Grant Account

    9  For  services  and  expenses  of the college
   10    access challenge grant program,  including
   11    tuition assistance awards. Funds appropri-
   12    ated  herein  may  be transferred to state
   13    operations appropriations ...... 5,000,000
   14                                --------------
   15      Program account subtotal ..... 5,000,000
   16                                --------------

   17    Special Revenue Funds - Federal / Aid to Localities
   18    Federal Department of Education Fund - 267
   19    Government Services Account

   20  For  the  purposes  of  the   state   fiscal
   21    stabilization    fund-other   governmental
   22    services fund as funded  by  the  American
   23    recovery  and  reinvestment  act  of 2009.
   24    Funds appropriated herein shall be subject
   25    to all applicable reporting  and  account-
   26    ability  requirements  contained  in  such
   27    act.
   28  Funds appropriated herein shall be available
   29    for additional tuition assistance  awards,
   30    including   part-time   TAP,  provided  to
   31    eligible students as  defined  in  section
   32    667  of  the  education law and as further
   33    defined in rules and  regulations  adopted
   34    by  the regents upon the recommendation of
   35    the commissioner of education and distrib-
   36    uted in accordance with  rules  and  regu-
   37    lations  adopted  by  the  trustees of the
   38    higher education services corporation upon
   39    the recommendation of  the  president  and
   40    approval of the director of the budget ...
   41    .............................. [49,900,000]   53,864,000
   42                                --------------
   43      Program account subtotal ... [49,900,000]   53,864,000
   44                                --------------

   45                  DIVISION OF HOUSING AND COMMUNITY RENEWAL

   46               STATE OPERATIONS AND AID TO LOCALITIES 2009-10

   47  FORECLOSURE PREVENTION PROGRAM .............................. 25,000,000
   48                                                            --------------

       S. 22                              32                              A. 22

    1    Special Revenue Funds - Federal / Aid to Localities
    2    Fiscal Stabilization Fund - 267
    3    Other Governmental Services Account

    4  For   the   purposes  of  the  state  fiscal
    5    stabilization   fund-other    governmental
    6    services  fund  as  funded by the American
    7    recovery and  reinvestment  act  of  2009.
    8    Funds appropriated herein shall be subject
    9    to  all  applicable reporting and account-
   10    ability  requirements  contained  in  such
   11    act.
   12  For funds allocated to the division of hous-
   13    ing and community renewal to be applied to
   14    the    subprime   foreclosure   prevention
   15    services program set forth in section 2 of
   16    part NN of chapter 57 of the laws of 2008;
   17    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
   18    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
   19    AND  DISBURSEMENT ON AND AFTER NOVEMBER 1,
   20    2009 SHALL BE REDUCED BY 12.5  PERCENT  OF
   21    THE  AMOUNT  THAT  WAS  UNDISBURSED  AS OF
   22    NOVEMBER 1, 2009 ............................ 25,000,000
   23                                              --------------
   24  HOUSING DEVELOPMENT FUND PROGRAM

   25    Special Revenue Funds - Other / Aid to Localities
   26    Housing Development Fund - 360

   27  For carrying out the provisions  of  article
   28    XI  of the private housing finance law, in
   29    relation to providing assistance  to  not-
   30    for-profit  housing  companies.  No  funds
   31    shall be expended from this  appropriation
   32    until  the  director  of  the  budget  has
   33    approved a spending plan submitted by  the
   34    division  of housing and community renewal
   35    in such detail  as  the  director  of  the
   36    budget  may  require;  PROVIDED,  HOWEVER,
   37    THAT  THE  AMOUNT  OF  THIS  APPROPRIATION
   38    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
   39    ON  AND  AFTER  NOVEMBER  1, 2009 SHALL BE
   40    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   41    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   42    ................................ 9,341,000
   43                                --------------

   44  NEIGHBORHOOD PRESERVATION PROGRAM

   45    General Fund / Aid to Localities
   46    Local Assistance Account - 001

   47  For carrying out the provisions  of  article
   48    XVI of the private housing finance law. No
   49    funds  shall  be expended from this appro-
   50    priation until the director of the  budget

       S. 22                              33                              A. 22

    1    has  approved a spending plan submitted by
    2    the  division  of  housing  and  community
    3    renewal  in such detail as the director of
    4    the budget may require; PROVIDED, HOWEVER,
    5    THAT  THE  AMOUNT  OF  THIS  APPROPRIATION
    6    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
    7    ON AND AFTER NOVEMBER  1,  2009  SHALL  BE
    8    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
    9    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   10    ................................ 8,153,000
   11  For  additional  funds  for carrying out the
   12    provisions of article XVI of  the  private
   13    housing  finance  law. Funds expended from
   14    this  appropriation  shall  be   for   the
   15    purpose   of  increasing  annual  contract
   16    amounts  for   neighborhood   preservation
   17    companies, and each neighborhood preserva-
   18    tion  company  that  receives  a  contract
   19    amount may spend such money on its  opera-
   20    tional  expenses  as  it  determines  most
   21    useful to its program based  on  allowable
   22    expenses  authorized  pursuant  to article
   23    XVI of the private  housing  finance  law.
   24    The  commissioner of the division of hous-
   25    ing and community renewal shall enter into
   26    a contract, in an  amount  not  less  than
   27    $150,000,  with the neighborhood preserva-
   28    tion  coalition   to   provide   technical
   29    assistance and services to companies fund-
   30    ed  pursuant to article XVI of the private
   31    housing finance law.  No  funds  shall  be
   32    expended from this appropriation until the
   33    director  of  the  budget  has  approved a
   34    spending plan submitted by the division of
   35    housing and community  renewal;  PROVIDED,
   36    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   37    ATION   AVAILABLE   FOR   EXPENDITURE  AND
   38    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   39    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   40    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   41    1, 2009 ........................ 2,011,000
   42                                --------------

   43  RURAL PRESERVATION PROGRAM

   44    General Fund / Aid to Localities
   45    Local Assistance Account - 001

   46  For  carrying  out the provisions of article
   47    XVII of the private housing  finance  law.
   48    No  funds  shall  be  expended  from  this
   49    appropriation until the  director  of  the
   50    budget   has   approved  a  spending  plan
   51    submitted by the division of  housing  and
   52    community  renewal  in  such detail as the
   53    director  of  the  budget   may   require;

       S. 22                              34                              A. 22

    1    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
    2    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
    3    AND DISBURSEMENT ON AND AFTER NOVEMBER  1,
    4    2009  SHALL  BE REDUCED BY 12.5 PERCENT OF
    5    THE AMOUNT  THAT  WAS  UNDISBURSED  AS  OF
    6    NOVEMBER 1, 2009 ............... 3,548,000
    7  For  additional  funds  for carrying out the
    8    provisions of article XVII of the  private
    9    housing  finance  law. Funds expended from
   10    this  appropriation  shall  be   for   the
   11    purpose   of  increasing  annual  contract
   12    amounts for  not-for-profit  corporations,
   13    and  each  not-for-profit corporation that
   14    receives a contract amount may spend  such
   15    money  on  its  operational expenses as it
   16    determines  most  useful  to  its  program
   17    based  on  allowable  expenses  authorized
   18    pursuant to article XVII  of  the  private
   19    housing  finance  law. The commissioner of
   20    the  division  of  housing  and  community
   21    renewal shall enter into a contract, in an
   22    amount  not  less  than $150,000, with the
   23    rural housing coalition to provide techni-
   24    cal   assistance,   training   and   other
   25    services to corporations pursuant to arti-
   26    cle  XVII  of  the private housing finance
   27    law. No funds shall be expended from  this
   28    appropriation  until  the  director of the
   29    budget  has  approved  a   spending   plan
   30    submitted  by  the division of housing and
   31    community renewal; PROVIDED, HOWEVER, THAT
   32    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   33    FOR EXPENDITURE AND  DISBURSEMENT  ON  AND
   34    AFTER NOVEMBER 1, 2009 SHALL BE REDUCED BY
   35    12.5 PERCENT OF THE AMOUNT THAT WAS UNDIS-
   36    BURSED AS OF NOVEMBER 1, 2009 .... 929,000
   37                                --------------

   38  RURAL RENTAL ASSISTANCE PROGRAM

   39    General Fund / Aid to Localities
   40    Local Assistance Account - 001

   41  For  carrying  out the provisions of article
   42    XVII-A of the private housing finance  law
   43    in  relation  to  providing  assistance to
   44    sponsors of housing  for  persons  of  low
   45    income.
   46  Notwithstanding  any other provision of law,
   47    such funds may be used by the commissioner
   48    of  housing  and  community   renewal   in
   49    support  of  contracts scheduled to expire
   50    in 2009-10 for as many  as  10  additional
   51    years;  in  support  of  contracts for new
   52    eligible projects  for  a  period  not  to
   53    exceed   5   years;   and  in  support  of

       S. 22                              35                              A. 22

    1    contracts which reach their 25 year  maxi-
    2    mum  in  and/or  prior  to  2009-10 for an
    3    additional one year period.
    4  Notwithstanding  any  other rule, regulation
    5    or law, moneys hereby appropriated are  to
    6    be available for payment of contract obli-
    7    gations heretofore accrued or hereafter to
    8    accrue  and are subject to the approval of
    9    the  director  of  the  budget;  PROVIDED,
   10    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   11    ATION   AVAILABLE   FOR   EXPENDITURE  AND
   12    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   13    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   14    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   15    1, 2009 ....................... 16,060,000
   16                                --------------

   17                             DEPARTMENT OF LABOR

   18              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

   19  EMPLOYMENT AND TRAINING PROGRAM

   20    General Fund / Aid to Localities
   21    Local Assistance Account - 001

   22  For  services  and expenses of the Workforce
   23    Development Institute  AFL-CIO  for  work-
   24    force   Training,  education  and  program
   25    development Initiatives; PROVIDED,  HOWEV-
   26    ER,  THAT THE AMOUNT OF THIS APPROPRIATION
   27    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
   28    ON AND AFTER NOVEMBER  1,  2009  SHALL  BE
   29    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   30    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   31    ................................ 4,823,000
   32                                --------------
   33                        STATE UNIVERSITY OF NEW YORK

   34              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

   35                      GENERAL FUND / AID TO LOCALITIES

   36  COMMUNITY COLLEGE OPERATING ASSISTANCE

   37    General Fund / Aid to Localities
   38    Local Assistance Account - 001

   39  Notwithstanding   articles  5-a  and  15  of
   40    section 355 of education  law,  for  state
   41    financial  assistance,  net  of  disallow-
   42    ances, for operating  expenses,  including
   43    funds required to reimburse base aid costs
   44    for   the  2008-09  and  2009-10  academic
   45    years, pursuant to  regulations  developed
   46    jointly  with the city university trustees

       S. 22                              36                              A. 22

    1    and approved by the director of the  budg-
    2    et,  and  subject  to  the availability of
    3    appropriations therefor.
    4  Notwithstanding  any  other  law,  rule,  or
    5    regulation to the contrary,  full  funding
    6    for  aidable  community college enrollment
    7    for the college fiscal years  2009-10  and
    8    thereafter  as  provided under this appro-
    9    priation is determined  by  the  operating
   10    aid  formulas  defined  in rules and regu-
   11    lations developed jointly by the boards of
   12    trustees of the state and  city  universi-
   13    ties  and  approved by the director of the
   14    budget provided that  local  sponsors  may
   15    use funds contained in reserves for excess
   16    student revenue for operating support of a
   17    community college program even though said
   18    expenditures   may   cause   expenses  and
   19    student revenues to  exceed  one-third  of
   20    the  college's net operating costs for the
   21    college fiscal year 2009-10 provided  that
   22    such  funds  do  not  cause  the college's
   23    revenues from the local sponsor's contrib-
   24    utions in aggregate to be  less  than  the
   25    comparable amounts for the previous commu-
   26    nity   college  fiscal  year  and  further
   27    provided that pursuant  to  standards  and
   28    regulations  of the state university trus-
   29    tees and the city university trustees  for
   30    the college fiscal year 2009-10, community
   31    colleges  may  increase  tuition  and fees
   32    above that allowable under current  educa-
   33    tion law if such standards and regulations
   34    require   that  in  order  to  exceed  the
   35    tuition limit otherwise set forth  in  the
   36    education law, local sponsor contributions
   37    either  in the aggregate or for each full-
   38    time equivalent student shall be  no  less
   39    that the comparable amounts for the previ-
   40    ous community college fiscal year ........
   41    .............................[462,836,726]   451,500,726
   42  For  payment of rental aid; PROVIDED, HOWEV-
   43    ER, THAT THE AMOUNT OF THIS  APPROPRIATION
   44    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
   45    ON  AND  AFTER  NOVEMBER  1, 2009 SHALL BE
   46    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   47    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   48    ................................ 8,633,000
   49                                --------------

   50    S 3. Section 2 of chapter 53 of the laws of 2009, enacting the  educa-
   51  tion,  labor  and  family assistance budget, is amended by repealing the
   52  items hereinbelow set forth in brackets and by adding  to  such  section
   53  the other items underscored in this section.

       S. 22                              37                              A. 22

    1                     CONTINGENT AND OTHER APPROPRIATIONS

    2                         CITY UNIVERSITY OF NEW YORK

    3               STATE OPERATIONS AND AID TO LOCALITIES 2009-10

    4    Fiduciary Funds
    5    CUNY Senior College Operating Fund - 176

    6  UNIVERSITY PROGRAMS

    7  For  additional operating assistance for the
    8    city university of New York ... 20,000,000
    9  LESS AN AMOUNT TO BE ALLOCATED BY THE  BOARD
   10    OF TRUSTEES ............................... (24,000,000)
   11                                --------------

   12    S  4. Section 1 of chapter 54 of the laws of 2009, enacting the health
   13  and mental hygiene budget, as amended by chapter 50, section 5,  of  the
   14  laws of 2009, is amended by repealing the items hereinbelow set forth in
   15  brackets  and  by  adding to such section the other items underscored in
   16  this section.

   17                            DEPARTMENT OF HEALTH

   18              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

   19  AIDS INSTITUTE PROGRAM

   20    General Fund / Aid to Localities
   21    Local Assistance Account - 001

   22  For services and expenses related to a joint
   23    project between the state and the city  of
   24    New  York,  known as the New York/New York
   25    III  Supportive  Housing   Agreement.   No
   26    expenditures   shall   be  made  for  such
   27    program prior to the approval of a method-
   28    ology for allocation in accordance with  a
   29    plan  approved by the commissioner and the
   30    director of the  budget.  Furthermore,  no
   31    expenditure  shall be made until a certif-
   32    icate of allocation has been  approved  by
   33    the  director of the budget with copies to
   34    be filed  with  the  chairpersons  of  the
   35    senate  finance committee and the assembly
   36    ways and means committee.
   37  The amounts appropriated  pursuant  to  such
   38    appropriation may be suballocated to other
   39    state  agencies,  authorities, or accounts
   40    for expenditures incurred in the operation
   41    of programs funded by such  appropriation,
   42    provided, HOWEVER, THAT THE AMOUNT OF THIS
   43    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
   44    AND DISBURSEMENT ON AND AFTER NOVEMBER  1,

       S. 22                              38                              A. 22

    1    2009  SHALL  BE REDUCED BY 12.5 PERCENT OF
    2    THE AMOUNT  THAT  WAS  UNDISBURSED  AS  OF
    3    NOVEMBER 1, 2009 ............... 4,490,000
    4  Notwithstanding  any  inconsistent provision
    5    of law, effective October 1, 2006, expend-
    6    itures made from this appropriation  shall
    7    effectively   provide  a  cost  of  living
    8    adjustment for providers of the  following
    9    services, as determined by the commission-
   10    er of the department of health, adolescent
   11    services   -  act  for  youth;  adolescent
   12    services -  general;  adolescent  services
   13    schools;   clinical   education;  clinical
   14    guidelines development, clinical scholars;
   15    clinical  trials  experimental  treatment;
   16    community development initiative; communi-
   17    ty HIV prevention and primary care; commu-
   18    nity  services programs; criminal justice;
   19    education  and  training;  evaluation  and
   20    research; expanded syringe access program;
   21    families  in  transition;  family centered
   22    care;  harm   reduction;   general;   harm
   23    reduction  -  syringe exchange; HIV health
   24    care and support services  for  women  and
   25    kids; HIV prevention, primary care support
   26    services  for  substance abusers; homeless
   27    shelters;  legal  services  and  advocacy;
   28    lesbian,   gay,  bisexual,  transgender  -
   29    adolescent; lesbian, gay, bisexual, trans-
   30    gender - general; lesbian, gay,  bisexual,
   31    transgender   -  substance  use;  multiple
   32    service  agency;   nutritional   services;
   33    pediatric centers of excellence; permanen-
   34    cy  planning;  racial and ethnic minority;
   35    social day care; specialized care  centers
   36    for  youth; specialty; supportive housing;
   37    treatment adherence;  women's  services  -
   38    general;  women's services - peer; women's
   39    services - supportive services  and  youth
   40    access  program.  The  commissioner of the
   41    department of health shall  determine  the
   42    standards  and  requirements  necessary to
   43    qualify for such increases. Further,  each
   44    local  government  unit or direct contract
   45    provider  receiving  such  funding   shall
   46    submit  a  written certification regarding
   47    the use of such funds to  be  provided  in
   48    the format proscribed by the department.
   49  Funds shall be allocated from this appropri-
   50    ation  pursuant  to a plan prepared by the
   51    commissioner and approved by the  director
   52    of the budget; PROVIDED, HOWEVER, THAT THE
   53    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   54    EXPENDITURE  AND DISBURSEMENT ON AND AFTER
   55    NOVEMBER 1, 2009 SHALL BE REDUCED BY  12.5
   56    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED

       S. 22                              39                              A. 22

    1    AS OF NOVEMBER 1, 2009 ......... 6,497,000
    2                                --------------

    3    Special Revenue Funds - Other / Aid to Localities
    4    HCRA Resources Fund - 061
    5    Health Care Services Account

    6  For  grants  to  existing  community service
    7    programs, as  deemed  appropriate  by  the
    8    department  of  health,  including but not
    9    limited to community  based  organizations
   10    and other organizations providing special-
   11    ized  AIDS-related  services  targeted  to
   12    minority and other high-risk populations.
   13  To ensure organizational  viability,  agency
   14    administration may be supported subject to
   15    review and approval of the commissioner of
   16    health.  Up to $125,000 may be transferred
   17    to  the  general  fund  -  state  purposes
   18    account  for  the  administration  of this
   19    program. Notwithstanding any provision  of
   20    law  to  the contrary, the commissioner of
   21    health shall  be  authorized  to  continue
   22    contracts with community service programs,
   23    multi-service   agencies   and   community
   24    development  initiatives  for   all   such
   25    contracts which were executed on or before
   26    March  31,  2009,  without  any additional
   27    requirements  that   such   contracts   be
   28    subject   to   competitive  bidding  or  a
   29    request for proposals  process;  PROVIDED,
   30    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   31    ATION   AVAILABLE   FOR   EXPENDITURE  AND
   32    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   33    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   34    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   35    1, 2009 ....................... 18,923,000
   36  For  grants  to  existing  community service
   37    programs to meet the increased demands for
   38    HIV education, prevention, outreach, legal
   39    and  supportive  services   to   high-risk
   40    groups  and to address increased operating
   41    costs of these programs. To ensure  organ-
   42    izational viability, agency administration
   43    may  be  supported  subject  to review and
   44    approval of the commissioner of health.
   45  Notwithstanding any provision of law to  the
   46    contrary, the commissioner of health shall
   47    be  authorized  to continue contracts with
   48    community service  programs,  multiservice
   49    agencies  and community development initi-
   50    atives for all such contracts  which  were
   51    executed  on  or  before  March  31, 2009,
   52    without any additional  requirements  that
   53    such  contracts  be subject to competitive
   54    bidding  or  a   request   for   proposals

       S. 22                              40                              A. 22

    1    process;   PROVIDED,   HOWEVER,  THAT  THE
    2    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
    3    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
    4    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
    5    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
    6    AS OF NOVEMBER 1, 2009 ......... 4,418,000
    7  For services and expenses related to  educa-
    8    tion   and  prevention  services  and  for
    9    nutritional services including individuals
   10    homebound with AIDS or  in  an  adult  day
   11    care   or  home  care  setting;  PROVIDED,
   12    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   13    ATION  AVAILABLE   FOR   EXPENDITURE   AND
   14    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   15    SHALL  BE  REDUCED  BY 12.5 PERCENT OF THE
   16    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   17    1, 2009 ........................ 4,514,000
   18  For grants for AIDS prevention and education
   19    and  AIDS  related  services  to  existing
   20    community  based  organizations, as deemed
   21    appropriate by the  department  of  health
   22    and to article 28 of the public health law
   23    diagnostic  and treatment centers. For the
   24    purposes of this program, eligible  organ-
   25    izations  must  (1) operate in a neighbor-
   26    hood or geographic area with high  concen-
   27    trations  of  at risk populations; and (2)
   28    provide services  and  programs  that  are
   29    culturally sensitive to the special social
   30    and  cultural  needs  of the at risk popu-
   31    lations. To ensure organizational  viabil-
   32    ity,    agency   administration   may   be
   33    supported subject to review  and  approval
   34    of  the  commissioner  of health. Notwith-
   35    standing  any  provision  of  law  to  the
   36    contrary, the commissioner of health shall
   37    be  authorized  to continue contracts with
   38    community service programs,  multi-service
   39    agencies  and community development initi-
   40    atives for all such contracts  which  were
   41    executed  on  or  before  March  31, 2009,
   42    without any additional  requirements  that
   43    such  contracts  be subject to competitive
   44    bidding  or  a   request   for   proposals
   45    process;   PROVIDED,   HOWEVER,  THAT  THE
   46    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   47    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   48    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   49    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   50    AS OF NOVEMBER 1, 2009 ........ 11,331,000
   51                                --------------

   52    Special Revenue Funds - Other / Aid to Localities
   53    HCRA Resources Fund - 061
   54    Maternal and Child HIV Services Account

       S. 22                              41                              A. 22

    1  For services and expenses related to special
    2    programs for HIV services for infants  and
    3    pregnant  women  established  pursuant  to
    4    section 71 of chapter 731 of the  laws  of
    5    1993. Such programs may provide continuing
    6    services  to  high-risk  and  HIV-positive
    7    women and children. Up  to  5  percent  of
    8    this  appropriation  may be transferred to
    9    the general  fund-state  purposes  account
   10    for   administration   of   this  program;
   11    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
   12    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
   13    AND  DISBURSEMENT ON AND AFTER NOVEMBER 1,
   14    2009 SHALL BE REDUCED BY 12.5  PERCENT  OF
   15    THE  AMOUNT  THAT  WAS  UNDISBURSED  AS OF
   16    NOVEMBER 1, 2009 ............... 4,625,000
   17                                --------------

   18  CENTER FOR COMMUNITY HEALTH PROGRAM

   19    General Fund / Aid to Localities
   20    Local Assistance Account - 001

   21  For services and expenses related to provid-
   22    ing nutritional services  and  to  provide
   23    nutritional  education  to pregnant women,
   24    infants, and children, including  suballo-
   25    cations  to  the department of agriculture
   26    and markets for the farmer's market nutri-
   27    tion program and migrant  worker  services
   28    and the office of temporary and disability
   29    assistance  for  prenatal  care assistance
   30    program  activities.  A  portion  of  this
   31    appropriation  may be transferred to state
   32    operations  appropriations  for   adminis-
   33    tration  of this program; PROVIDED, HOWEV-
   34    ER, THAT THE AMOUNT OF THIS  APPROPRIATION
   35    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
   36    ON  AND  AFTER  NOVEMBER  1, 2009 SHALL BE
   37    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   38    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   39    ............................... 20,610,000
   40  For services and expenses, including operat-
   41    ing expenses related to  providing  nutri-
   42    tional  services  and  nutrition education
   43    for  hunger   prevention   and   nutrition
   44    assistance.  A  portion  of this appropri-
   45    ation may be transferred  to  state  oper-
   46    ations  appropriations  for administration
   47    of this program; PROVIDED,  HOWEVER,  THAT
   48    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   49    FOR  EXPENDITURE  AND  DISBURSEMENT ON AND
   50    AFTER NOVEMBER 1, 2009 SHALL BE REDUCED BY
   51    12.5 PERCENT OF THE AMOUNT THAT WAS UNDIS-
   52    BURSED AS OF NOVEMBER 1, 2009 ............
   53    ............................... 30,900,000

       S. 22                              42                              A. 22

    1  For state grants for breast cancer detection
    2    and education program pursuant to  chapter
    3    328  of  the  laws  of  1989 as amended. A
    4    portion  of  this  appropriation  may   be
    5    transferred  to state operations appropri-
    6    ations for administration of this program;
    7    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
    8    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
    9    AND  DISBURSEMENT ON AND AFTER NOVEMBER 1,
   10    2009 SHALL BE REDUCED BY 12.5  PERCENT  OF
   11    THE  AMOUNT  THAT  WAS  UNDISBURSED  AS OF
   12    NOVEMBER 1, 2009 ............... 4,521,000
   13  For services and  expenses  associated  with
   14    red cross emergency response preparedness,
   15    including support for capital projects and
   16    ensuring  an  adequate blood supply. Funds
   17    shall be allocated from this appropriation
   18    pursuant to a plan prepared by the commis-
   19    sioner  of  health  and  approved  by  the
   20    director of the budget; PROVIDED, HOWEVER,
   21    THAT  THE  AMOUNT  OF  THIS  APPROPRIATION
   22    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
   23    ON AND AFTER NOVEMBER  1,  2009  SHALL  BE
   24    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   25    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   26    ................................ 3,000,000
   27  For additional services and expenses associ-
   28    ated  with  red  cross  emergency response
   29    preparedness, including support for  capi-
   30    tal  projects  and  ensuring  an  adequate
   31    blood supply.  Funds  shall  be  allocated
   32    from this appropriation pursuant to a plan
   33    prepared by the commissioner of health and
   34    approved  by  the  director of the budget.
   35    Funds appropriated herein are supported by
   36    savings  resulting  from   the   increased
   37    Federal   Medical   Assistance  Percentage
   38    (FMAP) provided pursuant to  the  American
   39    recovery  and  reinvestment  act  of 2009;
   40    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
   41    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
   42    AND  DISBURSEMENT ON AND AFTER NOVEMBER 1,
   43    2009 SHALL BE REDUCED BY 12.5  PERCENT  OF
   44    THE  AMOUNT  THAT  WAS  UNDISBURSED  AS OF
   45    NOVEMBER 1, 2009 ............... 1,600,000
   46  Notwithstanding any  inconsistent  provision
   47    of law, effective October 1, 2006, expend-
   48    itures  made from this appropriation shall
   49    effectively  provide  a  cost  of   living
   50    adjustment  for providers of the following
   51    services, as determined by the commission-
   52    er of the department of health, red  cross
   53    emergency  preparedness,  nutrition educa-
   54    tion  and  outreach,  obesity  prevention,
   55    nutritional  services  to  pregnant women,
   56    infants and  children,  hunger  prevention

       S. 22                              43                              A. 22

    1    and  nutrition  assistance program, Indian
    2    health, asthma, prenatal  care  assistance
    3    program,  rape  crisis,  health  and human
    4    services   sexuality   related   programs,
    5    maternity and early childhood  foundation,
    6    comprehensive     adolescent     pregnancy
    7    prevention,   family   planning,    school
    8    health,   sudden   infant  death  syndrome
    9    education  and  outreach,  childhood  lead
   10    poisoning  prevention,  enhanced  services
   11    for kids, act  for  youth,  children  with
   12    special  health care needs, regional peri-
   13    natal data centers, migrant health, dental
   14    services, osteoporosis prevention,  eating
   15    disorders,  cancer services, cancer regis-
   16    try, healthy  heart,  Alzheimer's  disease
   17    assistance  centers,  Alzheimer's research
   18    and education, diabetes screening,  educa-
   19    tion,  and  prevention,  tobacco  control,
   20    rabies, tick-borne disease,  immunization,
   21    universal  prenatal  and  postpartum  home
   22    visitation, public health campaign,  sexu-
   23    ally  transmitted diseases, and tuberculo-
   24    sis  control.  The  commissioner  of   the
   25    department  of  health shall determine the
   26    standards and  requirements  necessary  to
   27    qualify  for such increases. Further, each
   28    local government unit or  direct  contract
   29    provider   receiving  such  funding  shall
   30    submit written certification regarding the
   31    use of such funds to be  provided  in  the
   32    format prescribed by the department. Funds
   33    shall be allocated from this appropriation
   34    pursuant to a plan prepared by the commis-
   35    sioner and approved by the director of the
   36    budget; PROVIDED, HOWEVER, THAT THE AMOUNT
   37    OF   THIS   APPROPRIATION   AVAILABLE  FOR
   38    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   39    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   40    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   41    AS OF NOVEMBER 1, 2009 ........ 30,440,000
   42  For services and expenses, including grants,
   43    for  statewide   emergency   contraception
   44    outreach   and   education,  training  and
   45    assistance as approved by the  commission-
   46    er. A portion of this appropriation may be
   47    transferred  to state operations appropri-
   48    ations for administration of this program
   49    .............................. [2,406,000]     2,206,000
   50  For services and  expenses  associated  with
   51    new   and  existing  school  based  health
   52    centers.  Funds  appropriated  herein  are
   53    supported  by  savings  resulting from the
   54    increased   Federal   Medical   Assistance
   55    Percentage (FMAP) provided pursuant to the
   56    American  recovery and reinvestment act of

       S. 22                              44                              A. 22

    1    2009; PROVIDED, HOWEVER, THAT  THE  AMOUNT
    2    OF   THIS   APPROPRIATION   AVAILABLE  FOR
    3    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
    4    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
    5    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
    6    AS OF NOVEMBER 1, 2009 ......... 4,614,860
    7  For  services   and   expenses   of   health
    8    promotion  initiatives.  A portion of this
    9    appropriation may be transferred to  state
   10    operations   appropriations  for  adminis-
   11    tration of this program.  Funds  appropri-
   12    ated   herein  are  supported  by  savings
   13    resulting  from  the   increased   Federal
   14    Medical   Assistance   Percentage   (FMAP)
   15    provided pursuant to the American recovery
   16    and reinvestment act  of  2009;  PROVIDED,
   17    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   18    ATION   AVAILABLE   FOR   EXPENDITURE  AND
   19    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   20    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   21    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   22    1, 2009 ........................ 4,606,000
   23                                --------------

   24    Special Revenue Funds - Other / Aid to Localities
   25    HCRA Resources Fund - 061
   26    Health Care Services Account

   27  For  services  and  expenses  of a statewide
   28    public health  campaign  for  tuberculosis
   29    control  and  prevention and for screening
   30    and education activities regarding sexual-
   31    ly transmitted diseases, provided that any
   32    funds allocated under  this  appropriation
   33    shall not supplant existing local funds or
   34    state  funds  allocated  to  county health
   35    departments under article 6 of the  public
   36    health  law. Up to $300,000 of this appro-
   37    priation may be transferred to state oper-
   38    ations  for  the  administration  of  this
   39    program   by  the  department  of  health;
   40    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
   41    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
   42    AND  DISBURSEMENT ON AND AFTER NOVEMBER 1,
   43    2009 SHALL BE REDUCED BY 12.5  PERCENT  OF
   44    THE  AMOUNT  THAT  WAS  UNDISBURSED  AS OF
   45    NOVEMBER 1, 2009 ............... 6,196,000
   46                                --------------

   47    Special Revenue Funds - Other / Aid to Localities
   48    HCRA Resources Fund - 061
   49    Hospital Based Grants Program Account

   50  For services and expenses related to provid-
   51    ing  nutritional  services   to   pregnant
   52    women,  infants,  and  children.  Notwith-

       S. 22                              45                              A. 22

    1    standing any other provision of law to the
    2    contrary, up to 5 percent  of  the  amount
    3    appropriated  may  be  transferred  to the
    4    general  fund - state purposes account for
    5    the administration of this program by  the
    6    department  of  health; PROVIDED, HOWEVER,
    7    THAT  THE  AMOUNT  OF  THIS  APPROPRIATION
    8    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
    9    ON  AND  AFTER  NOVEMBER  1, 2009 SHALL BE
   10    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   11    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   12    ................................ 8,572,000
   13                                --------------

   14  CENTER FOR ENVIRONMENTAL HEALTH PROGRAM

   15    General Fund / Aid to Localities
   16    Local Assistance Account - 001

   17  For services and  expenses  related  to  the
   18    water supply protection program; PROVIDED,
   19    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   20    ATION   AVAILABLE   FOR   EXPENDITURE  AND
   21    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   22    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   23    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   24    1, 2009 ........................ 5,527,200
   25                                --------------

   26  CHILD HEALTH INSURANCE PROGRAM

   27    Special Revenue Funds - Other / Aid to Localities
   28    HCRA Resources Fund - 061
   29    Children's Health Insurance Account

   30  The  money  hereby appropriated is available
   31    for payment of aid heretofore  accrued  or
   32    hereafter accrued.
   33  For  services  and  expenses  related to the
   34    children's   health   insurance    program
   35    authorized  pursuant to title 1-A of arti-
   36    cle 25 of the public health law; PROVIDED,
   37    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   38    ATION  AVAILABLE   FOR   EXPENDITURE   AND
   39    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   40    SHALL  BE  REDUCED  BY  10  PERCENT OF THE
   41    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   42    1, 2009 ...................... 442,500,000
   43  For services and  expenses  related  to  the
   44    children's health insurance program. Funds
   45    appropriated   herein   are  supported  by
   46    savings  resulting  from   the   increased
   47    Federal   Medical   Assistance  Percentage
   48    (FMAP) provided pursuant to  the  American
   49    recovery  and  reinvestment  act  of 2009;
   50    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS

       S. 22                              46                              A. 22

    1    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
    2    AND  DISBURSEMENT ON AND AFTER NOVEMBER 1,
    3    2009 SHALL BE REDUCED BY 10 PERCENT OF THE
    4    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
    5    1, 2009 ....................... 37,700,000
    6                                --------------

    7  HEALTH CARE REFORM ACT PROGRAM

    8    Special Revenue Funds - Other / Aid to Localities
    9    HCRA Resources Fund - 061
   10    HCRA Program Account

   11  For services, expenses, grants and transfers
   12    necessary  to  implement  the  health care
   13    reform  act  program  in  accordance  with
   14    section  2807-j,  2807-k,  2807-l, 2807-m,
   15    2807-p, 2807-s and 2807-v  of  the  public
   16    health law. The moneys hereby appropriated
   17    shall be available for payments heretofore
   18    accrued  or  hereafter to accrue. Notwith-
   19    standing  any  inconsistent  provision  of
   20    law, the moneys hereby appropriated may be
   21    increased  or  decreased by interchange or
   22    transfer with  any  appropriation  of  the
   23    department  of  health  or  by transfer or
   24    suballocation to any appropriation of  the
   25    department  of  insurance,  the  office of
   26    mental health and the state office for the
   27    aging  subject  to  the  approval  of  the
   28    director  of  the  budget,  who shall file
   29    such approval with the department of audit
   30    and control and copies  thereof  with  the
   31    chairman  of  the senate finance committee
   32    and the chairman of the assembly ways  and
   33    means  committee. With the approval of the
   34    director of the budget, up to 5 percent of
   35    this appropriation may be used  for  state
   36    operations  purposes.  At the direction of
   37    the director of the budget, funds may also
   38    be transferred  directly  to  the  general
   39    fund for the purpose of repaying a draw on
   40    the tobacco revenue guarantee fund.
   41  For  transfer  to the pool administrator for
   42    the purpose of making supplemental  gradu-
   43    ate  medical education payments.  NOTWITH-
   44    STANDING ANY OTHER PROVISION OF LAW TO THE
   45    CONTRARY, FOR STATE FISCAL YEAR  2009-2010
   46    THE  LIABILITY OF THE STATE AND THE AMOUNT
   47    TO BE DISTRIBUTED OR OTHERWISE EXPENDED BY
   48    THE STATE ON OR  AFTER  NOVEMBER  1,  2009
   49    SHALL  BE  DETERMINED BY FIRST CALCULATING
   50    THE AMOUNT OF  THE  EXPENDITURE  OR  OTHER
   51    LIABILITY  PURSUANT  TO SUCH LAW, AND THEN
   52    REDUCING THE AMOUNT SO CALCULATED BY  12.5

       S. 22                              47                              A. 22

    1    PERCENT  OF  SUCH  AMOUNT,  AND  THAT  THE
    2    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
    3    DISBURSEMENT ON OR AFTER NOVEMBER 1,  2009
    4    SHALL  BE  REDUCED  BY 12.5 PERCENT OF THE
    5    AMOUNT THAT IS UNDISBURSED AS OF SUCH DATE
    6    ............................... 30,400,000
    7  For services and expenses of the  ambulatory
    8    care training program pursuant to subdivi-
    9    sion  5-a  of section 2807-m of the public
   10    health law.    NOTWITHSTANDING  ANY  OTHER
   11    PROVISION  OF  LAW  TO  THE  CONTRARY, FOR
   12    STATE FISCAL YEAR 2009-2010 THE  LIABILITY
   13    OF THE STATE AND THE AMOUNT TO BE DISTRIB-
   14    UTED OR OTHERWISE EXPENDED BY THE STATE ON
   15    OR  AFTER NOVEMBER 1, 2009 SHALL BE DETER-
   16    MINED BY FIRST CALCULATING THE  AMOUNT  OF
   17    THE  EXPENDITURE OR OTHER LIABILITY PURSU-
   18    ANT TO SUCH LAW,  AND  THEN  REDUCING  THE
   19    AMOUNT  SO  CALCULATED  BY 12.5 PERCENT OF
   20    SUCH AMOUNT, AND THAT THE AMOUNT  OF  THIS
   21    APPROPRIATION  AVAILABLE  FOR DISBURSEMENT
   22    ON OR AFTER  NOVEMBER  1,  2009  SHALL  BE
   23    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   24    IS UNDISBURSED AS OF SUCH DATE ...........
   25    ................................ 4,900,000
   26  For  services  and expenses of the physician
   27    loan repayment program pursuant to  subdi-
   28    vision 5-a of section 2807-m of the public
   29    health  law. All or part of this appropri-
   30    ation may be suballocated to the NYS high-
   31    er   education    services    corporation.
   32    NOTWITHSTANDING ANY OTHER PROVISION OF LAW
   33    TO  THE  CONTRARY,  FOR  STATE FISCAL YEAR
   34    2009-2010 THE LIABILITY OF THE  STATE  AND
   35    THE  AMOUNT TO BE DISTRIBUTED OR OTHERWISE
   36    EXPENDED BY THE STATE ON OR AFTER NOVEMBER
   37    1,  2009  SHALL  BE  DETERMINED  BY  FIRST
   38    CALCULATING  THE AMOUNT OF THE EXPENDITURE
   39    OR OTHER LIABILITY PURSUANT TO  SUCH  LAW,
   40    AND THEN REDUCING THE AMOUNT SO CALCULATED
   41    BY  12.5  PERCENT OF SUCH AMOUNT, AND THAT
   42    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   43    FOR DISBURSEMENT ON OR AFTER  NOVEMBER  1,
   44    2009  SHALL  BE REDUCED BY 12.5 PERCENT OF
   45    THE AMOUNT THAT IS UNDISBURSED AS OF  SUCH
   46    DATE ........................... 1,960,000
   47  For  services  and expenses of the physician
   48    practice  support  program   pursuant   to
   49    subdivision  5-a  of section 2807-m of the
   50    public health law.    NOTWITHSTANDING  ANY
   51    OTHER  PROVISION  OF  LAW TO THE CONTRARY,
   52    FOR  STATE  FISCAL  YEAR   2009-2010   THE
   53    LIABILITY  OF  THE STATE AND THE AMOUNT TO
   54    BE DISTRIBUTED OR  OTHERWISE  EXPENDED  BY
   55    THE  STATE  ON  OR  AFTER NOVEMBER 1, 2009
   56    SHALL BE DETERMINED BY  FIRST  CALCULATING

       S. 22                              48                              A. 22

    1    THE  AMOUNT  OF  THE  EXPENDITURE OR OTHER
    2    LIABILITY PURSUANT TO SUCH LAW,  AND  THEN
    3    REDUCING  THE AMOUNT SO CALCULATED BY 12.5
    4    PERCENT  OF  SUCH  AMOUNT,  AND  THAT  THE
    5    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
    6    DISBURSEMENT ON OR AFTER NOVEMBER 1,  2009
    7    SHALL  BE  REDUCED  BY 12.5 PERCENT OF THE
    8    AMOUNT THAT IS UNDISBURSED AS OF SUCH DATE
    9    ................................ 4,900,000
   10  For services and expenses related to  physi-
   11    cian  workforce studies pursuant to subdi-
   12    vision 5-a of section 2807-m of the public
   13    health law.    NOTWITHSTANDING  ANY  OTHER
   14    PROVISION  OF  LAW  TO  THE  CONTRARY, FOR
   15    STATE FISCAL YEAR 2009-2010 THE  LIABILITY
   16    OF THE STATE AND THE AMOUNT TO BE DISTRIB-
   17    UTED OR OTHERWISE EXPENDED BY THE STATE ON
   18    OR  AFTER NOVEMBER 1, 2009 SHALL BE DETER-
   19    MINED BY FIRST CALCULATING THE  AMOUNT  OF
   20    THE  EXPENDITURE OR OTHER LIABILITY PURSU-
   21    ANT TO SUCH LAW,  AND  THEN  REDUCING  THE
   22    AMOUNT  SO  CALCULATED  BY 12.5 PERCENT OF
   23    SUCH AMOUNT, AND THAT THE AMOUNT  OF  THIS
   24    APPROPRIATION  AVAILABLE  FOR DISBURSEMENT
   25    ON OR AFTER  NOVEMBER  1,  2009  SHALL  BE
   26    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   27    IS UNDISBURSED AS OF SUCH DATE ... 590,000
   28  For  services  and expenses of the diversity
   29    in   medicine/post-baccalaureate   program
   30    pursuant  to  subdivision  5-a  of section
   31    2807-m of the public health law.  NOTWITH-
   32    STANDING ANY OTHER PROVISION OF LAW TO THE
   33    CONTRARY, FOR STATE FISCAL YEAR  2009-2010
   34    THE  LIABILITY OF THE STATE AND THE AMOUNT
   35    TO BE DISTRIBUTED OR OTHERWISE EXPENDED BY
   36    THE STATE ON OR  AFTER  NOVEMBER  1,  2009
   37    SHALL  BE  DETERMINED BY FIRST CALCULATING
   38    THE AMOUNT OF  THE  EXPENDITURE  OR  OTHER
   39    LIABILITY  PURSUANT  TO SUCH LAW, AND THEN
   40    REDUCING THE AMOUNT SO CALCULATED BY  12.5
   41    PERCENT  OF  SUCH  AMOUNT,  AND  THAT  THE
   42    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   43    DISBURSEMENT ON OR AFTER NOVEMBER 1,  2009
   44    SHALL  BE  REDUCED  BY 12.5 PERCENT OF THE
   45    AMOUNT THAT IS UNDISBURSED AS OF SUCH DATE
   46    ................................ 1,960,000
   47  For transfer to Roswell park  cancer  insti-
   48    tute  corporation; PROVIDED, HOWEVER, THAT
   49    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   50    FOR EXPENDITURE AND  DISBURSEMENT  ON  AND
   51    AFTER NOVEMBER 1, 2009 SHALL BE REDUCED BY
   52    12.5 PERCENT OF THE AMOUNT THAT WAS UNDIS-
   53    BURSED AS OF NOVEMBER 1, 2009 ............
   54    ............................... 76,400,000
   55  For  state  grants  for the health workforce
   56    retraining    program.     Notwithstanding

       S. 22                              49                              A. 22

    1    section  2807-g  of the public health law,
    2    or any  other  provision  of  law  to  the
    3    contrary, funds hereby appropriated may be
    4    made available to other state agencies and
    5    facilities  operated  by the department of
    6    health for services and  expenses  related
    7    to   the   worker  retraining  program  as
    8    disbursed pursuant to  section  2807-g  of
    9    the  public health law. Provided, however,
   10    that  the  director  of  the  budget  must
   11    approve  the  release  of  any request for
   12    proposal or request for application or any
   13    other procurement initiatives issued on or
   14    after April 1, 2007. Further provided that
   15    any contract executed on or after April 1,
   16    2007 must receive the  prior  approval  of
   17    the  director  of the budget. A portion of
   18    this appropriation may be  transferred  to
   19    state operations appropriations.  NOTWITH-
   20    STANDING ANY OTHER PROVISION OF LAW TO THE
   21    CONTRARY,  FOR STATE FISCAL YEAR 2009-2010
   22    THE LIABILITY OF THE STATE AND THE  AMOUNT
   23    TO BE DISTRIBUTED OR OTHERWISE EXPENDED BY
   24    THE  STATE  ON  OR  AFTER NOVEMBER 1, 2009
   25    SHALL BE DETERMINED BY  FIRST  CALCULATING
   26    THE  AMOUNT  OF  THE  EXPENDITURE OR OTHER
   27    LIABILITY PURSUANT TO SUCH LAW,  AND  THEN
   28    REDUCING  THE AMOUNT SO CALCULATED BY 12.5
   29    PERCENT  OF  SUCH  AMOUNT,  AND  THAT  THE
   30    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   31    DISBURSEMENT  ON OR AFTER NOVEMBER 1, 2009
   32    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   33    AMOUNT THAT IS UNDISBURSED AS OF SUCH DATE
   34    ............................... 10,400,000
   35  For  transfer  to the pool administrator for
   36    the purposes of  making  state  grants  to
   37    public   hospitals   for  recruitment  and
   38    retention   of   health   care    workers.
   39    NOTWITHSTANDING ANY OTHER PROVISION OF LAW
   40    TO  THE  CONTRARY,  FOR  STATE FISCAL YEAR
   41    2009-2010 THE LIABILITY OF THE  STATE  AND
   42    THE  AMOUNT TO BE DISTRIBUTED OR OTHERWISE
   43    EXPENDED BY THE STATE ON OR AFTER NOVEMBER
   44    1,  2009  SHALL  BE  DETERMINED  BY  FIRST
   45    CALCULATING  THE AMOUNT OF THE EXPENDITURE
   46    OR OTHER LIABILITY PURSUANT TO  SUCH  LAW,
   47    AND THEN REDUCING THE AMOUNT SO CALCULATED
   48    BY  12.5  PERCENT OF SUCH AMOUNT, AND THAT
   49    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   50    FOR DISBURSEMENT ON OR AFTER  NOVEMBER  1,
   51    2009  SHALL  BE REDUCED BY 12.5 PERCENT OF
   52    THE AMOUNT THAT IS UNDISBURSED AS OF  SUCH
   53    DATE .......................... 23,800,000
   54  For  transfer  to the pool administrator for
   55    the purposes of  making  state  grants  to
   56    public   hospitals   for  recruitment  and

       S. 22                              50                              A. 22

    1    retention of health  care  workers.  Funds
    2    appropriated   herein   are  supported  by
    3    savings  resulting  from   the   increased
    4    Federal   Medical   Assistance  Percentage
    5    (FMAP) provided pursuant to  the  American
    6    recovery  and  reinvestment  act  of 2009.
    7    NOTWITHSTANDING ANY OTHER PROVISION OF LAW
    8    TO THE CONTRARY,  FOR  STATE  FISCAL  YEAR
    9    2009-2010  THE  LIABILITY OF THE STATE AND
   10    THE AMOUNT TO BE DISTRIBUTED OR  OTHERWISE
   11    EXPENDED BY THE STATE ON OR AFTER NOVEMBER
   12    1,  2009  SHALL  BE  DETERMINED  BY  FIRST
   13    CALCULATING THE AMOUNT OF THE  EXPENDITURE
   14    OR  OTHER  LIABILITY PURSUANT TO SUCH LAW,
   15    AND THEN REDUCING THE AMOUNT SO CALCULATED
   16    BY 12.5 PERCENT OF SUCH AMOUNT,  AND  THAT
   17    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   18    FOR  DISBURSEMENT  ON OR AFTER NOVEMBER 1,
   19    2009 SHALL BE REDUCED BY 12.5  PERCENT  OF
   20    THE  AMOUNT THAT IS UNDISBURSED AS OF SUCH
   21    DATE .......................... 25,300,000
   22  For state grants for  the  health  workforce
   23    retraining   program.      Notwithstanding
   24    section 2807-g of the public  health  law,
   25    or  any  other  provision  of  law  to the
   26    contrary, funds hereby appropriated may be
   27    made available to other state agencies and
   28    facilities operated by the  department  of
   29    health  for  services and expenses related
   30    to  the  worker  retraining   program   as
   31    disbursed  pursuant  to  section 2807-g of
   32    the public health law.    Of  this  amount
   33    $8,900,000 shall be made available to fund
   34    training  for  workers  in  jobs  and  job
   35    skills that meet the changing requirements
   36    of the health care  industry  pursuant  to
   37    section  2807-g(5)  of  the  public health
   38    law.  Provided, however, that the director
   39    of the budget must approve the release  of
   40    any  request  for  proposal or request for
   41    application  or  any   other   procurement
   42    initiatives  issued  on  or after April 1,
   43    2007. Further provided that  any  contract
   44    executed  on  or  after April 1, 2007 must
   45    receive the prior approval of the director
   46    of the budget. A portion of this appropri-
   47    ation may be transferred  to  state  oper-
   48    ations  appropriations. Funds appropriated
   49    herein are supported by savings  resulting
   50    from the increased Federal Medical Assist-
   51    ance  Percentage  (FMAP) provided pursuant
   52    to the American recovery and  reinvestment
   53    act  of  2009.   NOTWITHSTANDING ANY OTHER
   54    PROVISION OF  LAW  TO  THE  CONTRARY,  FOR
   55    STATE  FISCAL YEAR 2009-2010 THE LIABILITY
   56    OF THE STATE AND THE AMOUNT TO BE DISTRIB-

       S. 22                              51                              A. 22

    1    UTED OR OTHERWISE EXPENDED BY THE STATE ON
    2    OR AFTER NOVEMBER 1, 2009 SHALL BE  DETER-
    3    MINED  BY  FIRST CALCULATING THE AMOUNT OF
    4    THE  EXPENDITURE OR OTHER LIABILITY PURSU-
    5    ANT TO SUCH LAW,  AND  THEN  REDUCING  THE
    6    AMOUNT  SO  CALCULATED  BY 12.5 PERCENT OF
    7    SUCH AMOUNT, AND THAT THE AMOUNT  OF  THIS
    8    APPROPRIATION  AVAILABLE  FOR DISBURSEMENT
    9    ON OR AFTER  NOVEMBER  1,  2009  SHALL  BE
   10    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   11    IS UNDISBURSED AS OF SUCH DATE. ..........
   12    ............................... 21,100,000
   13  For  services  and  expenses  related to the
   14    tobacco use prevention and control program
   15    including   grants   to   support   cancer
   16    research.  A portion of this appropriation
   17    may be  transferred  to  state  operations
   18    appropriations.  Funds appropriated herein
   19    are supported by  savings  resulting  from
   20    the  increased  Federal Medical Assistance
   21    Percentage (FMAP) provided pursuant to the
   22    American recovery and reinvestment act  of
   23    2009;  PROVIDED,  HOWEVER, THAT THE AMOUNT
   24    OF  THIS   APPROPRIATION   AVAILABLE   FOR
   25    EXPENDITURE  AND DISBURSEMENT ON AND AFTER
   26    NOVEMBER 1, 2009 SHALL BE REDUCED BY  12.5
   27    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   28    AS  OF NOVEMBER 1, 2009; PROVIDED HOWEVER,
   29    THAT THE  REDUCTION  SHALL  NOT  APPLY  TO
   30    FUNDS   TRANSFERRED  TO  STATE  OPERATIONS
   31    APPROPRIATIONS .............. [60,900,000]    50,900,000
   32  For transfer  to  the  Roswell  park  cancer
   33    institute to support operating costs asso-
   34    ciated  with cancer research. A portion of
   35    this appropriation may be  transferred  to
   36    state   operations  appropriations.  Funds
   37    appropriated  herein  are   supported   by
   38    savings   resulting   from  the  increased
   39    Federal  Medical   Assistance   Percentage
   40    (FMAP)  provided  pursuant to the American
   41    recovery and  reinvestment  act  of  2009;
   42    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
   43    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
   44    AND DISBURSEMENT ON AND AFTER NOVEMBER  1,
   45    2009  SHALL  BE REDUCED BY 12.5 PERCENT OF
   46    THE AMOUNT  THAT  WAS  UNDISBURSED  AS  OF
   47    NOVEMBER 1, 2009 .............. 14,500,000
   48  For  services  and  expenses of the New York
   49    state   area   health   education   center
   50    program.      NOTWITHSTANDING   ANY  OTHER
   51    PROVISION OF  LAW  TO  THE  CONTRARY,  FOR
   52    STATE  FISCAL YEAR 2009-2010 THE LIABILITY
   53    OF THE STATE AND THE AMOUNT TO BE DISTRIB-
   54    UTED OR OTHERWISE EXPENDED BY THE STATE ON
   55    OR AFTER NOVEMBER 1, 2009 SHALL BE  DETER-
   56    MINED  BY  FIRST CALCULATING THE AMOUNT OF

       S. 22                              52                              A. 22

    1    THE EXPENDITURE OR OTHER LIABILITY  PURSU-
    2    ANT  TO  SUCH  LAW,  AND THEN REDUCING THE
    3    AMOUNT SO CALCULATED BY  12.5  PERCENT  OF
    4    SUCH  AMOUNT,  AND THAT THE AMOUNT OF THIS
    5    APPROPRIATION AVAILABLE  FOR  DISBURSEMENT
    6    ON  OR  AFTER  NOVEMBER  1,  2009 SHALL BE
    7    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
    8    IS UNDISBURSED AS OF SUCH DATE ...........
    9    ................................ 2,500,000
   10  For  state  grants  for  rural  health  care
   11    access  development.   NOTWITHSTANDING ANY
   12    OTHER PROVISION OF LAW  TO  THE  CONTRARY,
   13    FOR   STATE   FISCAL  YEAR  2009-2010  THE
   14    LIABILITY OF THE STATE AND THE  AMOUNT  TO
   15    BE  DISTRIBUTED  OR  OTHERWISE EXPENDED BY
   16    THE STATE ON OR  AFTER  NOVEMBER  1,  2009
   17    SHALL  BE  DETERMINED BY FIRST CALCULATING
   18    THE AMOUNT OF  THE  EXPENDITURE  OR  OTHER
   19    LIABILITY  PURSUANT  TO SUCH LAW, AND THEN
   20    REDUCING THE AMOUNT SO CALCULATED BY  12.5
   21    PERCENT  OF  SUCH  AMOUNT,  AND  THAT  THE
   22    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   23    DISBURSEMENT ON OR AFTER NOVEMBER 1,  2009
   24    SHALL  BE  REDUCED  BY 12.5 PERCENT OF THE
   25    AMOUNT THAT IS UNDISBURSED AS OF SUCH DATE
   26    ............................... 10,400,000
   27  For state grants for  rural  health  network
   28    development.    NOTWITHSTANDING  ANY OTHER
   29    PROVISION OF  LAW  TO  THE  CONTRARY,  FOR
   30    STATE  FISCAL YEAR 2009-2010 THE LIABILITY
   31    OF THE STATE AND THE AMOUNT TO BE DISTRIB-
   32    UTED OR OTHERWISE EXPENDED BY THE STATE ON
   33    OR AFTER NOVEMBER 1, 2009 SHALL BE  DETER-
   34    MINED  BY  FIRST CALCULATING THE AMOUNT OF
   35    THE EXPENDITURE OR OTHER LIABILITY  PURSU-
   36    ANT  TO  SUCH  LAW,  AND THEN REDUCING THE
   37    AMOUNT SO CALCULATED BY  12.5  PERCENT  OF
   38    SUCH  AMOUNT,  AND THAT THE AMOUNT OF THIS
   39    APPROPRIATION AVAILABLE  FOR  DISBURSEMENT
   40    ON  OR  AFTER  NOVEMBER  1,  2009 SHALL BE
   41    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   42    IS UNDISBURSED AS OF SUCH DATE. ..........
   43    ................................ 6,700,000
   44  For state grants for cancer related services
   45    pursuant to section 2807-r of  the  public
   46    health  law.  A  portion of this appropri-
   47    ation may be transferred  to  state  oper-
   48    ations  appropriations.  A portion of this
   49    appropriation may be transferred to  state
   50    operations  appropriations.   Funds appro-
   51    priated herein are  supported  by  savings
   52    resulting   from   the  increased  Federal
   53    Medical   Assistance   Percentage   (FMAP)
   54    provided pursuant to the American recovery
   55    and  reinvestment  act  of 2009; PROVIDED,
   56    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-

       S. 22                              53                              A. 22

    1    ATION  AVAILABLE   FOR   EXPENDITURE   AND
    2    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
    3    SHALL  BE  REDUCED  BY 12.5 PERCENT OF THE
    4    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
    5    1, 2009 ....................... 17,500,000
    6  For  transfer  to the pool administrator for
    7    distributions  related  to  school   based
    8    health  clinics;  PROVIDED,  HOWEVER, THAT
    9    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   10    FOR EXPENDITURE AND  DISBURSEMENT  ON  AND
   11    AFTER NOVEMBER 1, 2009 SHALL BE REDUCED BY
   12    12.5 PERCENT OF THE AMOUNT THAT WAS UNDIS-
   13    BURSED AS OF NOVEMBER 1, 2009 .. 6,400,000
   14  For  services  and  expenses  related to the
   15    disease management demonstration program
   16    .............................. [4,700,000]     1,910,000
   17  For transfer to the pool  administrator  for
   18    state grants for poison control centers. A
   19    portion   of  this  appropriation  may  be
   20    transferred to state operations  appropri-
   21    ations.   Funds  appropriated  herein  are
   22    supported by savings  resulting  from  the
   23    increased   Federal   Medical   Assistance
   24    Percentage (FMAP) provided pursuant to the
   25    American recovery and reinvestment act  of
   26    2009;  PROVIDED,  HOWEVER, THAT THE AMOUNT
   27    OF  THIS   APPROPRIATION   AVAILABLE   FOR
   28    EXPENDITURE  AND DISBURSEMENT ON AND AFTER
   29    NOVEMBER 1, 2009 SHALL BE REDUCED BY  12.5
   30    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   31    AS OF NOVEMBER 1, 2009 ......... 4,800,000
   32  For   additional  state  grants  to  improve
   33    access  to  infertility  services,  treat-
   34    ments,  and procedures. Funds appropriated
   35    herein are supported by savings  resulting
   36    from the increased Federal Medical Assist-
   37    ance  Percentage  (FMAP) provided pursuant
   38    to the American recovery and  reinvestment
   39    act  of  2009; PROVIDED, HOWEVER, THAT THE
   40    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   41    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   42    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   43    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   44    AS OF NOVEMBER 1, 2009 ......... 4,600,000
   45  For services and expenses related to  school
   46    based  health centers. The total amount of
   47    funds provided herein shall be distributed
   48    to school-based  health  center  providers
   49    based  on  the  ratio  of  each provider's
   50    total enrollment  for  all  sites  to  the
   51    total  enrollment  of  all providers. This
   52    formula shall  be  applied  to  the  total
   53    amount  made  available  herein, provided,
   54    however, that notwithstanding any contrary
   55    provision  of  law,  the  commissioner  of
   56    health  may  establish minimum and maximum

       S. 22                              54                              A. 22

    1    awards for providers;  PROVIDED,  HOWEVER,
    2    THAT  THE  AMOUNT  OF  THIS  APPROPRIATION
    3    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
    4    ON  AND  AFTER  NOVEMBER  1, 2009 SHALL BE
    5    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
    6    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
    7    ................................ 3,200,000
    8                                --------------

    9  MEDICAL ASSISTANCE PROGRAM

   10    General Fund / Aid to Localities
   11    Local Assistance Account - 001

   12  Notwithstanding any  inconsistent  provision
   13    of  paragraph  (e)  of  subdivision  4  of
   14    section 2807-c of the public health law or
   15    any other contrary provision  of  law  and
   16    subject  to  the  availability  of federal
   17    financial  participation,  the   operating
   18    cost   component  of  per  diem  rates  of
   19    payment by governmental agencies for inpa-
   20    tient  services  provided  by  a   general
   21    hospital  or  a distinct unit of a general
   22    hospital for services, as described below,
   23    that would otherwise  be  subject  to  the
   24    provisions of paragraph (e) of subdivision
   25    4  of  section 2807-c of the public health
   26    law, shall, with regard to days of service
   27    occurring on and after  December  1,  2009
   28    through  March 31, 2010, be in accord with
   29    the following:
   30  (a)  For  physical  medical   rehabilitation
   31    services and for chemical dependency reha-
   32    bilitation   services,  such  rates  shall
   33    reflect the use of  2005  operating  costs
   34    for  each  respective category of services
   35    as  reported  by  each  facility  to   the
   36    department  of health prior to December 1,
   37    2008 and as adjusted for inflation  pursu-
   38    ant  to paragraph (c) of subdivision 10 of
   39    section 2807-c of the public  health  law,
   40    as  otherwise  modified  by any applicable
   41    statute, provided, however, that such 2005
   42    reported operating costs shall, for  rate-
   43    setting  purposes, be held to a ceiling of
   44    110  percent  of  the  average   of   such
   45    reported  costs in the region in which the
   46    facility is located, as determined  pursu-
   47    ant to clause (E) of subparagraph (iii) of
   48    paragraph  (l) of subdivision 4 of section
   49    2807-c of the public health law; and
   50  (b) For services provided by rural hospitals
   51    designated as critical access hospitals in
   52    accordance with title XVIII of the federal
   53    social  security  act,  such  rates  shall

       S. 22                              55                              A. 22

    1    reflect the use of 2005 operating costs as
    2    reported  by  each facility to the depart-
    3    ment of health prior to December  1,  2008
    4    and  as adjusted for inflation pursuant to
    5    paragraph (c) of subdivision 10 of section
    6    2807-c of the public health law, as other-
    7    wise modified by any applicable  statutes,
    8    provided, however, that such 2005 reported
    9    operating  costs  shall,  for rate-setting
   10    purposes, be held  to  a  ceiling  of  110
   11    percent  of  the  average of such reported
   12    costs for all  such  designated  hospitals
   13    statewide; and
   14  (c)   For  inpatient  services  provided  by
   15    specialty long term acute  care  hospitals
   16    and  for  inpatient  services  provided by
   17    cancer hospitals as so  designated  as  of
   18    December   31,   2008,  such  rates  shall
   19    reflect the use of  2005  operating  costs
   20    for  each  respective category of facility
   21    as  reported  by  each  facility  to   the
   22    department  of health prior to December 1,
   23    2008 and as adjusted for inflation  pursu-
   24    ant  to paragraph (c) of subdivision 10 of
   25    section 2807-c of the public  health  law,
   26    as  otherwise  modified  by any applicable
   27    statutes; and
   28  (d) For facilities designated by the federal
   29    department of health and human services as
   30    exempt acute  care  children's  hospitals,
   31    for  which  a  discrete institutional cost
   32    report was filed  for  the  2006  calendar
   33    year,  and  which  has  reported  medicaid
   34    discharges  greater  than  50  percent  of
   35    total discharges in such cost report, such
   36    rates  shall reflect the use of 2006 oper-
   37    ating costs as reported by  each  facility
   38    to  the  department  of  health  prior  to
   39    December  1,  2008  and  as  adjusted  for
   40    inflation  pursuant  to  paragraph  (c) of
   41    subdivision 10 of section  2807-c  of  the
   42    public  health  law, as otherwise modified
   43    by any applicable statutes, and as  deter-
   44    mined  on  a  per  case  basis or per diem
   45    basis, as set forth in regulations promul-
   46    gated by the commissioner of health; and
   47  (e)  Rates  established  pursuant  to   this
   48    section   shall  be  deemed  as  excluding
   49    reimbursement for physician  services  for
   50    inpatient services and claims for medicaid
   51    fee  payments  for such physician services
   52    for such inpatient care may  be  submitted
   53    separately  from  the  rate  in accordance
   54    with otherwise applicable law; and
   55  (f) Such rates of payment pursuant  to  this
   56    section for a general hospital or distinct

       S. 22                              56                              A. 22

    1    unit   of   a   general  hospital  without
    2    adequate cost experience shall be based on
    3    the lower  of  the  facility's  or  unit's
    4    inpatient  budgeted  operating  costs  per
    5    day, adjusted to actual, or the applicable
    6    regional ceiling, if any; and
    7  (g)  Provided,  however,  if  this   chapter
    8    appropriates  sufficient  additional funds
    9    to support payments for inpatient services
   10    provided  by  a  general  hospital  or   a
   11    distinct  unit  of  a general hospital, as
   12    described in  this  paragraph,  using  the
   13    methodology  in  existence on February 28,
   14    2009 as set forth in section 2807-c of the
   15    public health law, the provisions of  this
   16    section  shall  not  apply  and  shall  be
   17    considered null and void  as  of  February
   18    28, 2009 ................... [250,741,000]   245,141,000
   19  For  services  and  expenses  of the medical
   20    assistance program including nursing  home
   21    services.
   22  Notwithstanding  any  contrary  provision of
   23    law, for the period April 1, 2009  through
   24    March  31,  2010,  for rates of payment by
   25    government agencies for inpatient services
   26    provided by residential health care facil-
   27    ities, in determining the operating compo-
   28    nent  of  a  facility's  rate   for   care
   29    provided for an AIDS patient in a residen-
   30    tial health care facility designated as an
   31    AIDS  facility  or  having a discrete AIDS
   32    unit,  the  operating  component  of  such
   33    rates   shall  not  reflect  an  occupancy
   34    factor increase .......... [1,574,104,000] 1,564,304,000
   35  For services and  expenses  of  the  medical
   36    assistance  program  including  other long
   37    term care services ....... [1,835,372,000] 1,827,272,000
   38                                --------------

   39    Special Revenue Funds - Federal / Aid to Localities
   40    Federal Health and Human Services Fund - 265
   41    Medicaid Direct Account

   42  Notwithstanding any  inconsistent  provision
   43    of  paragraph  (e)  of  subdivision  4  of
   44    section 2807-c of the public health law or
   45    any other contrary provision  of  law  and
   46    subject  to  the  availability  of federal
   47    financial  participation,  the   operating
   48    cost   component  of  per  diem  rates  of
   49    payment by governmental agencies for inpa-
   50    tient  services  provided  by  a   general
   51    hospital  or  a distinct unit of a general
   52    hospital for services, as described below,
   53    that would otherwise  be  subject  to  the
   54    provisions of paragraph (e) of subdivision

       S. 22                              57                              A. 22

    1    4  of  section 2807-c of the public health
    2    law, shall, with regard to days of service
    3    occurring on and after  December  1,  2009
    4    through  March 31, 2010, be in accord with
    5    the following:
    6  (a)  For  physical  medical   rehabilitation
    7    services and for chemical dependency reha-
    8    bilitation   services,  such  rates  shall
    9    reflect the use of  2005  operating  costs
   10    for  each  respective category of services
   11    as  reported  by  each  facility  to   the
   12    department  of health prior to December 1,
   13    2008 and as adjusted for inflation  pursu-
   14    ant  to paragraph (c) of subdivision 10 of
   15    section 2807-c of the public  health  law,
   16    as  otherwise  modified  by any applicable
   17    statute, provided, however, that such 2005
   18    reported operating costs shall, for  rate-
   19    setting  purposes, be held to a ceiling of
   20    110  percent  of  the  average   of   such
   21    reported  costs in the region in which the
   22    facility is located, as determined  pursu-
   23    ant to clause (E) of subparagraph (iii) of
   24    paragraph  (l) of subdivision 4 of section
   25    2807-c of the public health law; and
   26  (b) For services provided by rural hospitals
   27    designated as critical access hospitals in
   28    accordance with title XVIII of the federal
   29    social  security  act,  such  rates  shall
   30    reflect the use of 2005 operating costs as
   31    reported  by  each facility to the depart-
   32    ment of health prior to December  1,  2008
   33    and  as adjusted for inflation pursuant to
   34    paragraph (c) of subdivision 10 of section
   35    2807-c of the public health law, as other-
   36    wise modified by any applicable  statutes,
   37    provided, however, that such 2005 reported
   38    operating  costs  shall,  for rate-setting
   39    purposes, be held  to  a  ceiling  of  110
   40    percent  of  the  average of such reported
   41    costs for all  such  designated  hospitals
   42    statewide; and
   43  (c)   For  inpatient  services  provided  by
   44    specialty long term acute  care  hospitals
   45    and  for  inpatient  services  provided by
   46    cancer hospitals as so  designated  as  of
   47    December   31,   2008,  such  rates  shall
   48    reflect the use of  2005  operating  costs
   49    for  each  respective category of facility
   50    as  reported  by  each  facility  to   the
   51    department  of health prior to December 1,
   52    2008 and as adjusted for inflation  pursu-
   53    ant  to paragraph (c) of subdivision 10 of
   54    section 2807-c of the public  health  law,
   55    as  otherwise  modified  by any applicable
   56    statutes; and

       S. 22                              58                              A. 22

    1  (d) For facilities designated by the federal
    2    department of health and human services as
    3    exempt acute  care  children's  hospitals,
    4    for  which  a  discrete institutional cost
    5    report  was  filed  for  the 2006 calendar
    6    year,  and  which  has  reported  medicaid
    7    discharges  greater  than  50  percent  of
    8    total discharges in such cost report, such
    9    rates shall reflect the use of 2006  oper-
   10    ating  costs  as reported by each facility
   11    to  the  department  of  health  prior  to
   12    December  1,  2008  and  as  adjusted  for
   13    inflation pursuant  to  paragraph  (c)  of
   14    subdivision  10  of  section 2807-c of the
   15    public health law, as  otherwise  modified
   16    by  any applicable statutes, and as deter-
   17    mined on a per  case  basis  or  per  diem
   18    basis, as set forth in regulations promul-
   19    gated by the commissioner of health; and
   20  (e)   Rates  established  pursuant  to  this
   21    section  shall  be  deemed  as   excluding
   22    reimbursement  for  physician services for
   23    inpatient services and claims for medicaid
   24    fee payments for such  physician  services
   25    for  such  inpatient care may be submitted
   26    separately from  the  rate  in  accordance
   27    with otherwise applicable law; and
   28  (f)  Such  rates of payment pursuant to this
   29    section for a general hospital or distinct
   30    unit  of  a   general   hospital   without
   31    adequate cost experience shall be based on
   32    the  lower  of  the  facility's  or unit's
   33    inpatient  budgeted  operating  costs  per
   34    day, adjusted to actual, or the applicable
   35    regional ceiling, if any; and
   36  (g)   Provided,  however,  if  this  chapter
   37    appropriates sufficient  additional  funds
   38    to support payments for inpatient services
   39    provided   by  a  general  hospital  or  a
   40    distinct unit of a  general  hospital,  as
   41    described  in  this  paragraph,  using the
   42    methodology in existence on  February  28,
   43    2009 as set forth in section 2807-c of the
   44    public  health law, the provisions of this
   45    section  shall  not  apply  and  shall  be
   46    considered  null  and  void as of February
   47    28, 2009 ................. [4,599,282,000] 4,590,302,000
   48  For services and  expenses  of  the  medical
   49    assistance  program including nursing home
   50    services.
   51  Notwithstanding any  contrary  provision  of
   52    law,  for the period April 1, 2009 through
   53    March 31, 2010, for rates  of  payment  by
   54    government agencies for inpatient services
   55    provided by residential health care facil-
   56    ities, in determining the operating compo-

       S. 22                              59                              A. 22

    1    nent   of   a  facility's  rate  for  care
    2    provided for an AIDS patient in a residen-
    3    tial health care facility designated as an
    4    AIDS  facility  or  having a discrete AIDS
    5    unit,  the  operating  component  of  such
    6    rates   shall  not  reflect  an  occupancy
    7    factor increase .......... [3,939,764,000] 3,924,050,000
    8  For services and  expenses  of  the  medical
    9    assistance  program  including  other long
   10    term care services ....... [3,027,976,000] 3,014,989,000

   11  OFFICE OF LONG TERM CARE

   12    General Fund / Aid to Localities
   13    Local Assistance Account - 001

   14  For services and expenses, including grants,
   15    of the uniform assessment program. All  or
   16    a  portion  of  this  appropriation may be
   17    transferred to state operations  appropri-
   18    ations; PROVIDED, HOWEVER, THAT THE AMOUNT
   19    OF   THIS   APPROPRIATION   AVAILABLE  FOR
   20    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   21    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   22    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   23    AS OF NOVEMBER 1, 2009 ......... 5,000,000
   24  For services and expenses related  to  trau-
   25    matic   brain  injury  including  but  not
   26    limited to services rendered  to  individ-
   27    uals  enrolled  in  the federally approved
   28    home and community based  services  (HCBS)
   29    waiver  and including personal and nonper-
   30    sonal services spending originally author-
   31    ized  by  appropriations  and  reappropri-
   32    ations  enacted prior to 1996. All or part
   33    of this appropriation may  be  transferred
   34    to    state   operations   appropriations;
   35    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
   36    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
   37    AND  DISBURSEMENT ON AND AFTER NOVEMBER 1,
   38    2009 SHALL BE REDUCED BY 12.5  PERCENT  OF
   39    THE  AMOUNT  THAT  WAS  UNDISBURSED  AS OF
   40    NOVEMBER 1, 2009 .............. 13,733,400
   41                                --------------

   42                        DEPARTMENT OF MENTAL HYGIENE

   43              OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES

   44              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

   45  COMMUNITY TREATMENT SERVICES PROGRAM

   46    General Fund / Aid to Localities
   47    Local Assistance Account - 001

       S. 22                              60                              A. 22

    1  For services and expenses related to problem
    2    gambling and  chemical  dependence  outpa-
    3    tient and chemotherapy services; PROVIDED,
    4    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
    5    ATION   AVAILABLE   FOR   EXPENDITURE  AND
    6    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
    7    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
    8    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
    9    1, 2009 ...................... 105,500,000
   10  For  the  state  share of medical assistance
   11    payments for outpatient services  and  the
   12    state   share  of  disproportionate  share
   13    payments;  PROVIDED,  HOWEVER,  THAT   THE
   14    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   15    EXPENDITURE  AND DISBURSEMENT ON AND AFTER
   16    NOVEMBER 1, 2009 SHALL BE REDUCED BY  12.5
   17    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   18    AS OF NOVEMBER 1, 2009 ........ 32,780,000
   19                                --------------

   20    Special Revenue Funds - Other / Aid to Localities
   21    Miscellaneous Special Revenue Fund - 339
   22    Mental Hygiene Program Fund Account

   23  For  services  and expenses related to resi-
   24    dential services; PROVIDED, HOWEVER,  THAT
   25    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   26    FOR  EXPENDITURE  AND  DISBURSEMENT ON AND
   27    AFTER NOVEMBER 1, 2009 SHALL BE REDUCED BY
   28    12.5 PERCENT OF THE AMOUNT THAT WAS UNDIS-
   29    BURSED AS OF NOVEMBER 1, 2009 ............
   30    ............................... 89,500,000
   31  For services and expenses related to  crisis
   32    services;   PROVIDED,  HOWEVER,  THAT  THE
   33    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   34    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   35    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   36    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   37    AS OF NOVEMBER 1, 2009 ........ 16,000,000
   38                                --------------

   39  PREVENTION AND PROGRAM SUPPORT

   40    Special Revenue Funds - Other / Aid to Localities
   41    Miscellaneous Special Revenue Fund - 339
   42    Mental Hygiene Program Fund Account

   43  Notwithstanding any provision of law to  the
   44    contrary,  the  commissioner of the office
   45    of alcoholism and substance abuse services
   46    shall be authorized to continue  contracts
   47    which were executed on or before March 31,
   48    2009  with entities providing services for
   49    problem gambling and  chemical  dependency
   50    prevention and treatment services, without
   51    any   additional  requirements  that  such

       S. 22                              61                              A. 22

    1    contracts  be   subject   to   competitive
    2    bidding, a request for proposal process or
    3    other  administrative procedures.   Of the
    4    amounts   appropriated  herein,  at  least
    5    [$16,770,568] $15,549,248  shall  be  made
    6    available  to the New York City Department
    7    of Education for the continuation of  such
    8    school-operated     prevention    programs
    9    provided  by  school  district  employees;
   10    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
   11    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
   12    AND DISBURSEMENT ON AND AFTER NOVEMBER  1,
   13    2009  SHALL  BE REDUCED BY 12.5 PERCENT OF
   14    THE AMOUNT  THAT  WAS  UNDISBURSED  AS  OF
   15    NOVEMBER 1, 2009 .............. 46,000,000
   16                                --------------

   17    Special Revenue Funds - Other / Aid to Localities
   18    Chemical Dependence Service Fund - 346

   19  Notwithstanding  any  provision of law, rule
   20    or regulation to the contrary,  a  portion
   21    of  this appropriation related to enforce-
   22    ment action fine and/or levy moneys may be
   23    made available to localities and nonprofit
   24    and for-profit  agencies  for  payment  of
   25    expenses  for facilities operating under a
   26    receivership pursuant to section 19.41  of
   27    the  mental  hygiene  law.  Such funds may
   28    also be transferred  to  state  operations
   29    and/or  any appropriation of the office of
   30    alcoholism and  substance  abuse  services
   31    and  appropriations  of  the department of
   32    health, the office of  medicaid  inspector
   33    general,  the office of mental health, and
   34    the  office  of  mental  retardation   and
   35    developmental    disabilities   with   the
   36    approval of the director of the budget who
   37    shall file such approval with the  depart-
   38    ment of audit and control and copies ther-
   39    eof   with  the  chairman  of  the  senate
   40    finance committee and the chairman of  the
   41    assembly   ways   and   means   committee;
   42    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
   43    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
   44    AND  DISBURSEMENT ON AND AFTER NOVEMBER 1,
   45    2009 SHALL BE REDUCED BY 12.5  PERCENT  OF
   46    THE  AMOUNT  THAT  WAS  UNDISBURSED  AS OF
   47    NOVEMBER 1, 2009 ............... 7,840,000
   48                                --------------

   49                        DEPARTMENT OF MENTAL HYGIENE

   50                           OFFICE OF MENTAL HEALTH

       S. 22                              62                              A. 22

    1  ADULT SERVICES PROGRAM

    2    General Fund / Aid to Localities
    3    Local Assistance Account - 001

    4  For  services and expenses of various commu-
    5    nity   mental    health    non-residential
    6    programs,  pursuant  to  article 41 of the
    7    mental  hygiene  law,  including  but  not
    8    limited  to  sections 41.13, 41.18, 41.23,
    9    and  41.47.  NOTWITHSTANDING   ANY   OTHER
   10    PROVISION  OF  LAW  TO  THE  CONTRARY, FOR
   11    STATE FISCAL YEAR 2009-2010 THE  LIABILITY
   12    OF THE STATE AND THE AMOUNT TO BE DISTRIB-
   13    UTED OR OTHERWISE EXPENDED BY THE STATE ON
   14    OR  AFTER NOVEMBER 1, 2009 SHALL BE DETER-
   15    MINED BY FIRST CALCULATING THE  AMOUNT  OF
   16    THE  EXPENDITURE OR OTHER LIABILITY PURSU-
   17    ANT TO SUCH LAW,  AND  THEN  REDUCING  THE
   18    AMOUNT  SO  CALCULATED  BY 12.5 PERCENT OF
   19    SUCH AMOUNT, AND THAT THE AMOUNT  OF  THIS
   20    APPROPRIATION  AVAILABLE  FOR DISBURSEMENT
   21    ON OR AFTER  NOVEMBER  1,  2009  SHALL  BE
   22    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   23    IS UNDISBURSED AS OF SUCH DATE ...........
   24    ............................... 74,932,000
   25  For  services and expenses of various commu-
   26    nity  mental  health  emergency  programs,
   27    including  comprehensive psychiatric emer-
   28    gency programs pursuant to  section  41.51
   29    of the mental hygiene law. NOTWITHSTANDING
   30    ANY  OTHER PROVISION OF LAW TO THE CONTRA-
   31    RY, FOR STATE FISCAL  YEAR  2009-2010  THE
   32    LIABILITY  OF  THE STATE AND THE AMOUNT TO
   33    BE DISTRIBUTED OR  OTHERWISE  EXPENDED  BY
   34    THE  STATE  ON  OR  AFTER NOVEMBER 1, 2009
   35    SHALL BE DETERMINED BY  FIRST  CALCULATING
   36    THE  AMOUNT  OF  THE  EXPENDITURE OR OTHER
   37    LIABILITY PURSUANT TO SUCH LAW,  AND  THEN
   38    REDUCING  THE AMOUNT SO CALCULATED BY 12.5
   39    PERCENT  OF  SUCH  AMOUNT,  AND  THAT  THE
   40    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   41    DISBURSEMENT  ON OR AFTER NOVEMBER 1, 2009
   42    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   43    AMOUNT THAT IS UNDISBURSED AS OF SUCH DATE
   44    ................................ 6,889,000
   45  For  transfer to the department of health to
   46    reimburse the  department  for  the  state
   47    share  of  medical assistance payments for
   48    various mental health  services.  Notwith-
   49    standing  any  inconsistent  provision  of
   50    law, a portion of the money herein  appro-
   51    priated may be made available for transfer
   52    to  the department of health for the state
   53    share of disproportionate  share  payments
   54    to  voluntary  nonprofit general hospitals

       S. 22                              63                              A. 22

    1    pursuant to chapter 119  of  the  laws  of
    2    1997   as   amended.  Notwithstanding  any
    3    inconsistent provision of law,  an  amount
    4    up  to  $600,000 of this appropriation may
    5    be available for transfer to  the  depart-
    6    ment of health to reimburse the department
    7    for  the state share of medical assistance
    8    payments related to certain hospitals with
    9    an  increase  in   psychiatric   inpatient
   10    volume  of  5 percent or more during their
   11    participation in the alternate rate  meth-
   12    odology (ARMS) through 1993. NOTWITHSTAND-
   13    ING ANY OTHER PROVISION OF LAW TO THE CON-
   14    TRARY, FOR STATE FISCAL YEAR 2009-2010 THE
   15    LIABILITY  OF  THE STATE AND THE AMOUNT TO
   16    BE DISTRIBUTED OR  OTHERWISE  EXPENDED  BY
   17    THE  STATE  ON  OR  AFTER NOVEMBER 1, 2009
   18    SHALL BE DETERMINED BY  FIRST  CALCULATING
   19    THE  AMOUNT  OF  THE  EXPENDITURE OR OTHER
   20    LIABILITY PURSUANT TO SUCH LAW,  AND  THEN
   21    REDUCING  THE AMOUNT SO CALCULATED BY 12.5
   22    PERCENT  OF  SUCH  AMOUNT,  AND  THAT  THE
   23    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   24    DISBURSEMENT  ON OR AFTER NOVEMBER 1, 2009
   25    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   26    AMOUNT  THAT  IS  UNDISBURSED  AS  OF SUCH
   27    DATE, EXCLUDING $7,467,000  NECESSARY  FOR
   28    DEBT SERVICE PAYMENTS ........ 322,202,000
   29                                --------------

   30    Special Revenue Funds - Other / Aid to Localities
   31    Miscellaneous Special Revenue Fund - 339
   32    Mental Hygiene Program Fund Account

   33  For  services and expenses of various commu-
   34    nity   mental    health    non-residential
   35    programs,  pursuant  to  article 41 of the
   36    mental  hygiene  law,  including  but  not
   37    limited  to  sections  41.13, 41.18, 41.23
   38    and  41.47.  Notwithstanding   any   other
   39    provision  of  law  to the contrary, up to
   40    $1,500,000 of this appropriation shall  be
   41    made  available to the Research Foundation
   42    for Mental Hygiene,  Inc.  pursuant  to  a
   43    contract  with the office of mental health
   44    for two mental health managed care  demon-
   45    stration  programs.  One  program shall be
   46    located in  one  or  more  of  Chautauqua,
   47    Erie,  Genesee, Monroe, Onondaga and Wyom-
   48    ing counties, and the other program  shall
   49    be  located  in  the  city of New York. An
   50    amount  from   this   appropriation   when
   51    combined  with  the  appropriation for the
   52    miscellaneous special revenue fund  -  339
   53    medication   reimbursement  account  shall
   54    provide up to $15,000,000  for  grants  to

       S. 22                              64                              A. 22

    1    the  counties  and  city  of  New  York to
    2    provide  medication,  and  other  services
    3    necessary   to  prescribe  and  administer
    4    medication  pursuant to a plan approved by
    5    the  commissioner  of  mental  health,  as
    6    authorized  under  chapter 408 of the laws
    7    of 1999 as  amended.  NOTWITHSTANDING  ANY
    8    OTHER  PROVISION  OF  LAW TO THE CONTRARY,
    9    FOR  STATE  FISCAL  YEAR   2009-2010   THE
   10    LIABILITY  OF  THE STATE AND THE AMOUNT TO
   11    BE DISTRIBUTED OR  OTHERWISE  EXPENDED  BY
   12    THE  STATE  ON  OR  AFTER NOVEMBER 1, 2009
   13    SHALL BE DETERMINED BY  FIRST  CALCULATING
   14    THE  AMOUNT  OF  THE  EXPENDITURE OR OTHER
   15    LIABILITY PURSUANT TO SUCH LAW,  AND  THEN
   16    REDUCING  THE AMOUNT SO CALCULATED BY 12.5
   17    PERCENT  OF  SUCH  AMOUNT,  AND  THAT  THE
   18    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   19    DISBURSEMENT  ON OR AFTER NOVEMBER 1, 2009
   20    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   21    AMOUNT THAT IS UNDISBURSED AS OF SUCH DATE
   22    .............................. 184,200,000
   23  For  services and expenses of various commu-
   24    nity mental health  residential  programs,
   25    including  but  not  limited  to community
   26    residences pursuant to sections 41.44  and
   27    41.38  of the mental hygiene law. Notwith-
   28    standing the provisions of  section  31.03
   29    of  the  mental  hygiene law and any other
   30    inconsistent  provision  of  law,   moneys
   31    appropriated  for  family  care  shall  be
   32    available for, but  not  limited  to,  the
   33    purchase  of substitute caretakers up to a
   34    maximum of 14 days and payments limited to
   35    $686 per year based  upon  financial  need
   36    for  the  personal  needs  of  each client
   37    residing  in   the   family   care   home.
   38    NOTWITHSTANDING ANY OTHER PROVISION OF LAW
   39    TO  THE  CONTRARY,  FOR  STATE FISCAL YEAR
   40    2009-2010 THE LIABILITY OF THE  STATE  AND
   41    THE  AMOUNT TO BE DISTRIBUTED OR OTHERWISE
   42    EXPENDED BY THE STATE ON OR AFTER NOVEMBER
   43    1,  2009  SHALL  BE  DETERMINED  BY  FIRST
   44    CALCULATING  THE AMOUNT OF THE EXPENDITURE
   45    OR OTHER LIABILITY PURSUANT TO  SUCH  LAW,
   46    AND THEN REDUCING THE AMOUNT SO CALCULATED
   47    BY  12.5  PERCENT OF SUCH AMOUNT, AND THAT
   48    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   49    FOR DISBURSEMENT ON OR AFTER  NOVEMBER  1,
   50    2009  SHALL  BE REDUCED BY 12.5 PERCENT OF
   51    THE AMOUNT THAT IS UNDISBURSED AS OF  SUCH
   52    DATE,  EXCLUDING  $7,195,000 NECESSARY FOR
   53    DEBT SERVICE PAYMENTS ........ 312,277,000
   54  For services and  expenses  associated  with
   55    the   restoration   of  the  proposed  one
   56    percent reduction in the 2008-09  cost  of

       S. 22                              65                              A. 22

    1    living  adjustment.    Funds  appropriated
    2    herein are supported by savings  resulting
    3    from the increased Federal Medical Assist-
    4    ance  Percentage  (FMAP) provided pursuant
    5    to the American recovery and  reinvestment
    6    act  of  2009; PROVIDED, HOWEVER, THAT THE
    7    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
    8    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
    9    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   10    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   11    AS OF NOVEMBER 1, 2009 ......... 4,019,000
   12                                --------------

   13    Special Revenue Funds - Other / Aid to Localities
   14    Miscellaneous Special Revenue Fund - 339
   15    Medication Reimbursement Account

   16  For services and expenses related  to  adult
   17    mental health services, including assisted
   18    outpatient treatment pursuant to article 9
   19    and other provisions of the mental hygiene
   20    law.  Notwithstanding  any other provision
   21    of law, this  appropriation  may  be  made
   22    available  upon the approval of the direc-
   23    tor of the budget.    NOTWITHSTANDING  ANY
   24    OTHER  PROVISION  OF  LAW TO THE CONTRARY,
   25    FOR  STATE  FISCAL  YEAR   2009-2010   THE
   26    LIABILITY  OF  THE STATE AND THE AMOUNT TO
   27    BE DISTRIBUTED OR  OTHERWISE  EXPENDED  BY
   28    THE  STATE  ON  OR  AFTER NOVEMBER 1, 2009
   29    SHALL BE DETERMINED BY  FIRST  CALCULATING
   30    THE  AMOUNT  OF  THE  EXPENDITURE OR OTHER
   31    LIABILITY PURSUANT TO SUCH LAW,  AND  THEN
   32    REDUCING  THE AMOUNT SO CALCULATED BY 12.5
   33    PERCENT  OF  SUCH  AMOUNT,  AND  THAT  THE
   34    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   35    DISBURSEMENT  ON OR AFTER NOVEMBER 1, 2009
   36    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   37    AMOUNT THAT IS UNDISBURSED AS OF SUCH DATE
   38    ................................ 7,580,000
   39                                --------------

   40  CHILDREN AND YOUTH SERVICES PROGRAM

   41    General Fund / Aid to Localities
   42    Local Assistance Account - 001

   43  For  services and expenses of various commu-
   44    nity   mental    health    non-residential
   45    programs,  pursuant  to  article 41 of the
   46    mental  hygiene  law,  including  but  not
   47    limited   to  sections  41.13,  41.18  and
   48    41.23. NOTWITHSTANDING ANY OTHER PROVISION
   49    OF LAW TO THE CONTRARY, FOR  STATE  FISCAL
   50    YEAR  2009-2010 THE LIABILITY OF THE STATE
   51    AND THE AMOUNT TO BE DISTRIBUTED OR OTHER-

       S. 22                              66                              A. 22

    1    WISE EXPENDED BY THE  STATE  ON  OR  AFTER
    2    NOVEMBER  1,  2009  SHALL BE DETERMINED BY
    3    FIRST  CALCULATING  THE  AMOUNT   OF   THE
    4    EXPENDITURE OR OTHER LIABILITY PURSUANT TO
    5    SUCH  LAW, AND THEN REDUCING THE AMOUNT SO
    6    CALCULATED BY 12.5 PERCENT OF SUCH AMOUNT,
    7    AND THAT THE AMOUNT OF THIS  APPROPRIATION
    8    AVAILABLE  FOR  DISBURSEMENT  ON  OR AFTER
    9    NOVEMBER 1, 2009 SHALL BE REDUCED BY  12.5
   10    PERCENT  OF THE AMOUNT THAT IS UNDISBURSED
   11    AS OF SUCH DATE ............... 17,217,000
   12  For transfer to the department of health  to
   13    reimburse  the  department  for  the state
   14    share of medical assistance  payments  for
   15    various  mental  health services. Notwith-
   16    standing  any  inconsistent  provision  of
   17    law,  a portion of the money herein appro-
   18    priated may be made available for transfer
   19    to the department of health for the  state
   20    share  of  disproportionate share payments
   21    to voluntary nonprofit  general  hospitals
   22    pursuant  to  chapter  119  of the laws of
   23    1997 as amended. NOTWITHSTANDING ANY OTHER
   24    PROVISION OF  LAW  TO  THE  CONTRARY,  FOR
   25    STATE  FISCAL YEAR 2009-2010 THE LIABILITY
   26    OF THE STATE AND THE AMOUNT TO BE DISTRIB-
   27    UTED OR OTHERWISE EXPENDED BY THE STATE ON
   28    OR AFTER NOVEMBER 1, 2009 SHALL BE  DETER-
   29    MINED  BY  FIRST CALCULATING THE AMOUNT OF
   30    THE EXPENDITURE OR OTHER LIABILITY  PURSU-
   31    ANT  TO  SUCH  LAW,  AND THEN REDUCING THE
   32    AMOUNT SO CALCULATED BY  12.5  PERCENT  OF
   33    SUCH  AMOUNT,  AND THAT THE AMOUNT OF THIS
   34    APPROPRIATION AVAILABLE  FOR  DISBURSEMENT
   35    ON  OR  AFTER  NOVEMBER  1,  2009 SHALL BE
   36    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   37    IS UNDISBURSED AS OF SUCH DATE ...........
   38    .............................. 133,615,000
   39                                --------------

   40    Special Revenue Funds - Other / Aid to Localities
   41    Miscellaneous Special Revenue Fund - 339
   42    Mental Hygiene Program Fund Account

   43  For services and expenses of various  commu-
   44    nity    mental    health   non-residential
   45    programs, pursuant to article  41  of  the
   46    mental  hygiene  law,  including  but  not
   47    limited  to  sections  41.13,  41.18,  and
   48    41.23. NOTWITHSTANDING ANY OTHER PROVISION
   49    OF  LAW  TO THE CONTRARY, FOR STATE FISCAL
   50    YEAR 2009-2010 THE LIABILITY OF THE  STATE
   51    AND THE AMOUNT TO BE DISTRIBUTED OR OTHER-
   52    WISE  EXPENDED  BY  THE  STATE ON OR AFTER
   53    NOVEMBER 1, 2009 SHALL  BE  DETERMINED  BY
   54    FIRST   CALCULATING   THE  AMOUNT  OF  THE

       S. 22                              67                              A. 22

    1    EXPENDITURE OR OTHER LIABILITY PURSUANT TO
    2    SUCH LAW, AND THEN REDUCING THE AMOUNT  SO
    3    CALCULATED BY 12.5 PERCENT OF SUCH AMOUNT,
    4    AND  THAT THE AMOUNT OF THIS APPROPRIATION
    5    AVAILABLE FOR  DISBURSEMENT  ON  OR  AFTER
    6    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
    7    PERCENT OF THE AMOUNT THAT IS  UNDISBURSED
    8    AS OF SUCH DATE ............... 59,251,000
    9  For  services and expenses of various commu-
   10    nity  mental  health  emergency  programs;
   11    PROVIDED, HOWEVER, THAT THE AMOUNT OF THIS
   12    APPROPRIATION  AVAILABLE  FOR  EXPENDITURE
   13    AND DISBURSEMENT ON AND AFTER NOVEMBER  1,
   14    2009  SHALL  BE REDUCED BY 12.5 PERCENT OF
   15    THE AMOUNT  THAT  WAS  UNDISBURSED  AS  OF
   16    NOVEMBER 1, 2009 .............. 13,826,000
   17                                --------------

   18  COMMUNITY MENTAL HEALTH SUPPORT AND WORKFORCE REINVESTMENT
   19    PROGRAM

   20    Special Revenue Funds - Other / Aid to Localities
   21    Miscellaneous Special Revenue Fund - 339
   22    Mental Hygiene Program Fund Account

   23  For  services  and expenses of various adult
   24    community   mental   health    residential
   25    programs;   PROVIDED,  HOWEVER,  THAT  THE
   26    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   27    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   28    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   29    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   30    AS OF NOVEMBER 1, 2009 ......... 7,717,000
   31                                --------------

   32                        DEPARTMENT OF MENTAL HYGIENE

   33         OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES

   34              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

   35  COMMUNITY SERVICES PROGRAM

   36    General Fund / Aid to Localities
   37    Local Assistance Account - 001

   38  For the state share  of  medical  assistance
   39    services  expenses incurred by the depart-
   40    ment  of  health  for  the  provision   of
   41    medical  assistance services to the devel-
   42    opmentally  disabled;  PROVIDED,  HOWEVER,
   43    THAT  THE  AMOUNT  OF  THIS  APPROPRIATION
   44    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
   45    ON AND AFTER NOVEMBER 1, 2009  SHALL    BE
   46    REDUCED  BY  5  PERCENT OF THE AMOUNT THAT
   47    WAS UNDISBURSED AS OF  NOVEMBER  1,  2009,

       S. 22                              68                              A. 22

    1    HOWEVER,  VOLUNTARY-OPERATED  INTERMEDIATE
    2    CARE FACILITIES  SHALL  BE  EXCLUDED  FROM
    3    THIS REDUCTION ............. 1,371,273,000
    4  For  services  and  expenses  related to the
    5    provision of residential services  to  the
    6    developmentally disabled; PROVIDED, HOWEV-
    7    ER,  THAT THE AMOUNT OF THIS APPROPRIATION
    8    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
    9    ON AND AFTER NOVEMBER  1,  2009  SHALL  BE
   10    REDUCED  BY  10 PERCENT OF THE AMOUNT THAT
   11    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   12    ............................... 16,722,000
   13  For services and  expenses  related  to  the
   14    provision  of  family  support services to
   15    the  developmentally  disabled;  PROVIDED,
   16    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   17    ATION   AVAILABLE   FOR   EXPENDITURE  AND
   18    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   19    SHALL BE REDUCED  BY  10  PERCENT  OF  THE
   20    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   21    1, 2009 ....................... 56,269,000
   22  For  services  and  expenses  related to the
   23    provision of workshop,  day  training  and
   24    employment services to the developmentally
   25    disabled;   PROVIDED,  HOWEVER,  THAT  THE
   26    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   27    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   28    NOVEMBER  1,  2009  SHALL BE REDUCED BY 10
   29    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   30    AS OF NOVEMBER 1, 2009 ........ 44,480,000
   31  For the services and expenses related to the
   32    provision of workshop,  day  training  and
   33    employment services to the developmentally
   34    disabled.  Funds  appropriated  herein are
   35    supported by savings  resulting  from  the
   36    increased   Federal   Medical   Assistance
   37    Percentage (FMAP) provided pursuant to the
   38    American recovery and reinvestment act  of
   39    2009;  PROVIDED,  HOWEVER, THAT THE AMOUNT
   40    OF  THIS   APPROPRIATION   AVAILABLE   FOR
   41    EXPENDITURE  AND DISBURSEMENT ON AND AFTER
   42    NOVEMBER 1, 2009 SHALL BE  REDUCED  BY  10
   43    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   44    AS OF NOVEMBER 1, 2009 ......... 5,000,000
   45                                --------------

   46    Special Revenue Funds - Other / Aid to Localities
   47    Miscellaneous Special Revenue Fund - 339
   48    OMRDD - Provider of Service Account

   49  For  services and expenses related to mental
   50    retardation and developmental disabilities
   51    services  associated  with  the  New  York
   52    state  options for people through services
   53    (NYS-OPTS) initiative, in accordance  with

       S. 22                              69                              A. 22

    1    a  programmatic  and  fiscal  plan  to  be
    2    approved by the director of the budget.
    3  Notwithstanding  any provision of law to the
    4    contrary, the director of  the  budget  is
    5    authorized  to  make  suballocations  from
    6    this appropriation to  the  department  of
    7    health medical assistance program.
    8  Notwithstanding  any other provision of law,
    9    the  money  hereby  appropriated  may   be
   10    transferred to state operations and/or any
   11    appropriation  of  the  office  of  mental
   12    retardation  and  developmental  disabili-
   13    ties, with the approval of the director of
   14    the  budget  who  shall file such approval
   15    with the department of audit  and  control
   16    and  copies  thereof  with the chairman of
   17    the  senate  finance  committee  and   the
   18    chairman  of  the  assembly ways and means
   19    committee.
   20  Notwithstanding any provision of law to  the
   21    contrary,  the moneys hereby appropriated,
   22    or so much thereof as  may  be  necessary,
   23    are to be available for the purposes here-
   24    in  specified  for  obligations heretofore
   25    accrued or hereafter to accrue;  PROVIDED,
   26    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   27    ATION   AVAILABLE   FOR   EXPENDITURE  AND
   28    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   29    SHALL BE  REDUCED  BY  5  PERCENT  OF  THE
   30    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   31    1, 2009 ...................... 320,000,000
   32                                --------------

   33    Special Revenue Funds - Other / Aid to Localities
   34    Miscellaneous Special Revenue Fund - 339
   35    OMRDD - Day Services Account

   36  For  services  and  expenses  related to the
   37    provision of HCBS waiver day  services  to
   38    developmentally    disabled    individuals
   39    residing in intermediate care facilities.
   40  Notwithstanding any other provision of  law,
   41    the   money  hereby  appropriated  may  be
   42    transferred to state operations and/or any
   43    appropriation  of  the  office  of  mental
   44    retardation  and  developmental  disabili-
   45    ties, with the approval of the director of
   46    the budget who shall  file  such  approval
   47    with  the  department of audit and control
   48    and copies thereof with  the  chairman  of
   49    the   senate  finance  committee  and  the
   50    chairman of the assembly  ways  and  means
   51    committee;  PROVIDED,  HOWEVER,  THAT  THE
   52    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   53    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   54    NOVEMBER  1,  2009  SHALL BE REDUCED BY 10

       S. 22                              70                              A. 22

    1    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
    2    AS OF NOVEMBER 1, 2009 ........ 98,000,000
    3                                --------------

    4    S  5. Section 1 of chapter 55 of the laws of 2008, enacting the trans-
    5  portation, economic development and environmental  conservation  budget,
    6  is  amended by repealing the items hereinbelow set forth in brackets and
    7  by adding to such section the other items underscored in this section.

    8                  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY

    9              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

   10  RESEARCH, DEVELOPMENT AND DEMONSTRATION PROGRAM

   11    Special Revenue Funds - Other / Aid to Localities
   12    Miscellaneous Special Revenue Fund - 339
   13    Energy Research and Planning Account

   14  Research,  development   and   demonstration
   15    program  grants;  PROVIDED,  HOWEVER, THAT
   16    THE AMOUNT OF THIS APPROPRIATION AVAILABLE
   17    FOR EXPENDITURE AND  DISBURSEMENT  ON  AND
   18    AFTER NOVEMBER 1, 2009 SHALL BE REDUCED BY
   19    12.5 PERCENT OF THE AMOUNT THAT WAS UNDIS-
   20    BURSED AS OF NOVEMBER 1, 2009 .. 8,543,000
   21  University of Rochester laboratory for laser
   22    energetics;  PROVIDED,  HOWEVER,  THAT THE
   23    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   24    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   25    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   26    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   27    AS OF NOVEMBER 1, 2009 ........... 691,000
   28                                --------------

   29                  DEPARTMENT OF ENVIRONMENTAL CONSERVATION

   30                         CAPITAL PROJECTS   2009-10

   31  ENVIRONMENT AND RECREATION (CCP)

   32  Environmental Protection Fund

   33  Environment and Recreation Purpose

   34    For services and expenses of projects  and
   35      purposes  authorized  by section 92-s of
   36      the state finance law to receive funding
   37      from the solid waste account in  accord-
   38      ance  with  a programmatic and financial
   39      plan to be approved by the  director  of
   40      the  budget,  including suballocation to
   41      other state  departments  and  agencies,
   42      according to the following:

       S. 22                              71                              A. 22

    1    Non-hazardous  landfill  closure  projects
    2      (09LC09ER) ................... [750,000]             0

    3    Secondary   materials  regional  marketing
    4      assistance   and   energy   conservation
    5      services projects (09SM09ER) ...........
    6      ............................ [2,250,000]     1,381,000

    7    Pesticides program (09PD09ER) .. [575,000]       500,000

    8    Notwithstanding  any  law to the contrary,
    9      for  assessment  and  recovery  of   any
   10      natural resource damages (09RD09ER) ....
   11      .............................. [450,000]       431,000

   12    Notwithstanding  any  law to the contrary,
   13      for the pollution prevention  institute;
   14      including  [$1,000,000] $959,000 for the
   15      Green    Initiative    Institute     and
   16      [$350,000]  $336,000  for the Interstate
   17      Chemicals Clearinghouse (09PP09ER) .....
   18      ............................ [2,350,000]     2,253,000

   19    For services and expenses of projects  and
   20      purposes  authorized  by section 92-s of
   21      the state finance law to receive funding
   22      from the parks, recreation and  historic
   23      preservation  account in accordance with
   24      a programmatic and financial plan to  be
   25      approved  by the director of the budget,
   26      including suballocation to  other  state
   27      departments  and  agencies, according to
   28      the following:

   29    Local waterfront revitalization  programs,
   30      notwithstanding any law to the contrary,
   31      not less than, $9,750,000 for waterfront
   32      revitalization  projects which are in or
   33      primarily serve areas where  demographic
   34      and  other  relevant data for such areas
   35      demonstrate that the areas  are  densely
   36      populated  and  have  sustained physical
   37      deterioration, decay, neglect, or disin-
   38      vestment, or where a substantial propor-
   39      tion of the residential population is of
   40      low income or is otherwise disadvantaged
   41      and is underserved with respect  to  the
   42      existing  recreational  opportunities in
   43      the  area;  and  provided  further  this
   44      appropriation  shall not be construed to
   45      restrict  the  use  of  any   additional
   46      monies for such projects; $1,000,000 for
   47      Buffalo Waterfront; $300,000 for Niagara
   48      River  Greenway; and [$750,000] $700,000
   49      for   Hudson   and    Champlain    Docks
   50      (09WR09ER) ................ [24,375,000]    24,021,000

       S. 22                              72                              A. 22

    1    Parks,  recreation  and historic preserva-
    2      tion projects, notwithstanding  any  law
    3      to   the   contrary,   not   less  than,
    4      $8,490,000 for municipal parks  projects
    5      which  are  in  or primarily serve areas
    6      where  demographic  and  other  relevant
    7      data for such areas demonstrate that the
    8      areas  are  densely  populated  and have
    9      sustained physical deterioration, decay,
   10      neglect  or  disinvestment  or  where  a
   11      substantial  proportion  of the residen-
   12      tial population is of low income  or  is
   13      otherwise  disadvantaged  and  is under-
   14      served  with  respect  to  the  existing
   15      recreational  opportunities in the area,
   16      and  notwithstanding  any  law  to   the
   17      contrary,  $500,000  for  Olmstead  Park
   18      (09MP09ER) ................ [21,225,000]    20,813,000

   19    Notwithstanding any law to  the  contrary,
   20      for  state  parks  and land and easement
   21      infrastructure, access  and  stewardship
   22      projects  which  shall  include  capital
   23      projects: (i) on state parks  and  state
   24      owned   lands   acquired   pursuant   to
   25      sections  54-0303  and  56-0307  of  the
   26      environmental  conservation law and (ii)
   27      on state parks or state owned lands  and
   28      easements  under the jurisdiction of the
   29      department of environmental conservation
   30      or the office of parks,  recreation  and
   31      historic  preservation for access oppor-
   32      tunities for people  with  disabilities;
   33      access  to  the  State  Forest Preserve;
   34      State reforestation, Wildlife Management
   35      areas and conservation  easement  lands;
   36      recreational   trail   construction  and
   37      maintenance;  Catskill  and   Adirondack
   38      campground improvements to public access
   39      and sanitation facilities; environmental
   40      education; conservation education facil-
   41      ity improvements; archeological, histor-
   42      ic,   cultural   and   natural  resource
   43      surveys, forest health  surveys,  inter-
   44      pretation,   and   inventories;   Forest
   45      Preserve and state forest  unit  manage-
   46      ment   planning;  conservation  easement
   47      public  recreation   planning;   habitat
   48      restoration  and enhancement; state fish
   49      hatchery  improvements;   water   access
   50      facilities   and   safety  improvements;
   51      public beach  facility  development  and
   52      improvement;  public access improvements
   53      at day use areas;  state  historic  site
   54      exterior restoration; and cabin area and

       S. 22                              73                              A. 22

    1      camping  facility  development, restora-
    2      tion and reconstruction (09ST09ER) .....
    3      ............................ [7,000,000]     5,000,000

    4    Notwithstanding  any  law to the contrary,
    5      for the purposes  of  Hudson-FultonCham-
    6      plain   Quadricentennial   celebrations,
    7      projects and programs (09QC09ER) .......
    8      ............................ [1,500,000]       450,000

    9    For services and expenses of projects  and
   10      purposes  authorized  by section 92-s of
   11      the state finance law to receive funding
   12      from the open space account  in  accord-
   13      ance  with  a programmatic and financial
   14      plan to be approved by the  director  of
   15      the  budget,  including suballocation to
   16      other state  departments  and  agencies,
   17      according to the following:

   18    Costs  related  to  the acquisition of the
   19      following  properties:  Atlantic  Coast,
   20      Long  Island  Sound  Coastal  Area, Long
   21      Island  South  Shore  Estuary   Reserve,
   22      Peconic   Pinelands   Maritime   Reserve
   23      Projects, Central Pine Barrens,  Adiron-
   24      dack  Mountain  Club Lands, Hudson River
   25      projects, Western Suffolk/Nassau Special
   26      Groundwater  Protection  Areas,   Harbor
   27      Herons  Wildlife  Complex,  Inner  City/
   28      Underserved Community Parks, Long  Pond/
   29      Butler  Woods,  Staten Island Greenbelt,
   30      Staten Island Wet  Woods,  Harlem  River
   31      Waterfront, Great Swamp, Neversink High-
   32      lands,   Plutarch/Black  Creek  Wetlands
   33      Complex,  New  York  Highlands,  Mongaup
   34      Valley  Wildlife Management Area, North-
   35      ern Putnam  Greenway,  Putnam  Railroad,
   36      Schunnemunk              Mountain/Moodna
   37      Creek/Woodcock    Mountain,     Sterling
   38      Forest, Shawangunk Mountains, Northeast-
   39      ern  Westchester Watershed and Biodiver-
   40      sity    Lands,    Rockland    Riverfront
   41      Communities/Palisades   Ridge,  Catskill
   42      Mountain/Delaware     River      Region,
   43      Beaverkill/Willowemoc,    Hudson   River
   44      Estuary/Greenway Trail  Corridor,  Cats-
   45      kill Unfragmented Forest, Long Path, New
   46      York   City   Watershed  Lands,  Taconic
   47      Ridge/ Harlem Valley, Albany Pine  Bush,
   48      Five   Rivers   Environmental  Education
   49      Center,  Helderberg   Escarpment,   Pine
   50      Bush-Hudson  River Link/Tivoli Preserve,
   51      Batten Kill Watershed-Saratoga  National
   52      Historic   Park  View  shed,  Washington
   53      County    Agricultural    Lands-Saratoga

       S. 22                              74                              A. 22

    1      National  Historic Park View shed, West-
    2      mere  Woods,  International  Paper   Fee
    3      Lands, Lake George watershed, Lake Cham-
    4      plain  watershed,  Boeselager  forestry,
    5      Domtar/Lyme Fee  Lands,  Catskill  River
    6      and  Road  corridor, Rensselaer plateau,
    7      Hudson River  Gorge,  Franklinton  Vlaie
    8      Wildlife  Management  area,  Black Creek
    9      Marsh/Vly  Swamp,  Mohawk  River  Valley
   10      Corridor/Barge  Canal, Oomsdale farm and
   11      surrounding landscape, Susquehanna River
   12      Valley Corridor, Pilot  Knob,  Floodwood
   13      Camp,   Lake   Champlain  Shoreline  and
   14      Wetlands,  Saratoga  County,  Mays  Pond
   15      Tract, State Forest and Wildlife Manage-
   16      ment  Area  Protection,  Follensby Park,
   17      National Lead/Tahawus, Undeveloped  Lake
   18      George  Shore, Whitney Park, Finch Wood-
   19      lands,  Washington  County   Grasslands,
   20      Northern  Flow  River  Corridors, Recre-
   21      ational Trail Linkages and Networks, Bog
   22      River/Beaver  River  Headwater  Complex,
   23      Maumee Swamp, Moose River Corridor, Rome
   24      Sand   Plains,   Saint   Lawrence  River
   25      Islands, Shorelines and Wetlands,  East-
   26      ern  Lake Ontario Shoreline and Islands,
   27      Tug  Hill  Core  Forests  and  Headwater
   28      Streams,   Tioga  County  Park  Opportu-
   29      nities,   Nelson   Swamp,    Genny-Green
   30      Trail/Link   Trail,   Clark  Reservation
   31      State Park, Salmon River Corridor, State
   32      Parks Greenbelt/Tompkins County,  Catta-
   33      raugus  Creek and tributaries, Carpenter
   34      Falls/Bear Swamp Creek Corridor,  Junius
   35      Ponds  State Forest and Wildlife Manage-
   36      ment Area  Protection,  Tonawanda  Creek
   37      Watershed, Two Rivers State Park, Finger
   38      Lakes  Shoreline,  Buffalo/Niagara River
   39      Corridors, Northern Montezuma  Wetlands,
   40      HiTor/Bristol   Hills,   Braddock   Bay,
   41      Catharine  Valley  Complex,   Sonnenberg
   42      Gardens,  Western Finger Lakes: Conesus,
   43      Hemlock, Canadice and  Honeoye,  Genesee
   44      Greenway/Recreationway,  Allegany  State
   45      Park, Alder  Bottom  Pond/French  Creek,
   46      Great   Lakes   Shorelines  and  Niagara
   47      River,  Chautauqua  Lake  Access,  Shore
   48      Lands  and Vistas, Randolph Swamp, Eigh-
   49      teen  Mile  Creek/Hampton  Brook  Woods,
   50      Statewide Small Projects, Working Forest
   51      Lands,  State  Park  and  State Historic
   52      Site Protection, (a) notwithstanding any
   53      law to the contrary, $500,000  from  the
   54      land  acquisition  allocation  for urban
   55      forestry projects provided that no  less
   56      than  $250,000  shall  be made available

       S. 22                              75                              A. 22

    1      for such programs in cities  with  popu-
    2      lations  of 65,000 or more; (b) notwith-
    3      standing  any  law  to   the   contrary,
    4      $1,575,000  from  the  land  acquisition
    5      allocation to the  land  trust  alliance
    6      for  the purpose of awarding grants on a
    7      competitive basis to local land  trusts,
    8      provided  that up to ten percent of such
    9      amount may be made available for  admin-
   10      istrative costs and/or technical assist-
   11      ance (09LA09ER) ........................
   12      ........................... [60,000,000]    58,900,000

   13    Agricultural  non-point  source  abatement
   14      and control projects (09AN09ER) ........
   15      ........................... [12,200,000]    11,468,000

   16    Notwithstanding any law to  the  contrary,
   17      for  the Hudson River Estuary Management
   18      Plan  prepared   pursuant   to   section
   19      11-0306  of  the environmental conserva-
   20      tion law (09HE09ER) ....................
   21      ............................ [4,800,000]     3,706,000

   22    Notwithstanding any law to  the  contrary,
   23      for  state assistance payments, pursuant
   24      to a smart growth program, provided on a
   25      competitive basis, to counties,  cities,
   26      towns,  or villages to establish, update
   27      or implement comprehensive  plans  in  a
   28      manner  consistent  with  smart  growth;
   29      provided, however, that up to 25 percent
   30      of such payments may be awarded to  not-
   31      for-profit    organizations   for   such
   32      purposes (09SG09ER) ....................
   33      .............................. [500,000]       400,000

   34    Agriculture and farmland protection activ-
   35      ities (09FP09ER) .......................
   36      ........................... [23,000,000]    22,054,000

   37    Notwithstanding any law to  the  contrary,
   38      for   the   Finger   Lakes-Lake  Ontario
   39      Watershed Protection Alliance (09FL09ER)
   40      ............................ [1,200,000]     1,151,000

   41    Notwithstanding any law to  the  contrary,
   42      for the state share of costs of wastewa-
   43      ter   treatment   improvement   projects
   44      undertaken by municipalities to  upgrade
   45      municipal  systems  to  meet stormwater,
   46      combined sewer overflow, sanitary  sewer
   47      overflow    and   wastewater   treatment
   48      discharge  requirements  with   priority
   49      given  to  systems that are in violation
   50      of title 8 of article 17 of the environ-

       S. 22                              76                              A. 22

    1      mental  conservation  law  and   aquatic
    2      habitat  restoration projects undertaken
    3      by  municipalities  and   not-for-profit
    4      corporations  for aquatic habitat resto-
    5      ration projects as defined  in  subdivi-
    6      sion  1  of section 56-0101 of the envi-
    7      ronmental conservation law (09WQ09ER) ..
    8      ............................ [9,000,000]     8,900,000

    9    Notwithstanding any law  to  the  contrary
   10      for  New  York  ocean  and  Great  Lakes
   11      ecosystem     conservation     projects,
   12      consistent  with  the policy articulated
   13      in  article  14  of  the   environmental
   14      conservation law (09GL09ER) ............
   15      ............................ [6,000,000]     5,953,000

   16    Notwithstanding  any  law to the contrary,
   17      for the implementation of the  recommen-
   18      dations  of  the  invasive  species task
   19      force prepared pursuant to  chapter  324
   20      of the laws of 2003 and for the purposes
   21      set  forth in chapter 674 of the laws of
   22      2007 including not less than  [$100,000]
   23      $96,000  for  Lake George, provided that
   24      not less than $1,000,000 be made  avail-
   25      able  for  invasive species eradication,
   26      and  including  grants  related  to  the
   27      control   and   management  of  invasive
   28      species. Such funding for  grants  shall
   29      be  provided  on  a competitive basis in
   30      consultation with the New York  Invasive
   31      Species Council (09IS09ER) .............
   32      ............................ [5,000,000]     4,794,000

   33                            INSURANCE DEPARTMENT

   34               STATE OPERATIONS AND AID TO LOCALITIES 2009-10

   35  REGULATION PROGRAM

   36    General Fund / Aid to Localities
   37    Local Assistance Account - 001

   38  For  services  and expenses related to reim-
   39    bursing employers with 50 or fewer employ-
   40    ees for  providing  broad-based  insurance
   41    coverage for mental, nervous, or emotional
   42    disorders  at  least equal to the coverage
   43    provided for physical health  pursuant  to
   44    chapter 748 of the laws of 2006 ..........
   45    ............................. [99,200,000]    79,743,000
   46                                --------------

   47    Special Revenue Funds - Other / Aid to Localities
   48    Miscellaneous Special Revenue Fund - 339

       S. 22                              77                              A. 22

    1    Insurance Department Account

    2  For   suballocation  to  the  department  of
    3    health for aid to localities payments  for
    4    services   and  expenses  related  to  the
    5    administration  of  the  cervical   cancer
    6    vaccine  program. A portion of this appro-
    7    priation may be transferred to state oper-
    8    ations for administration of the program
    9    .............................. [4,700,000]     3,000,000
   10  For  suballocation  to  the  department   of
   11    health  for aid to localities payments for
   12    services  and  expenses  related  to   the
   13    administration   of   the  childhood  lead
   14    poisoning primary  prevention  program.  A
   15    portion   of  this  appropriation  may  be
   16    transferred to state operations for admin-
   17    istration of the program; PROVIDED, HOWEV-
   18    ER, THAT THE AMOUNT OF THIS  APPROPRIATION
   19    AVAILABLE FOR EXPENDITURE AND DISBURSEMENT
   20    ON  AND  AFTER  NOVEMBER  1, 2009 SHALL BE
   21    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
   22    WAS UNDISBURSED AS OF NOVEMBER 1, 2009 ...
   23    ................................ 5,170,000
   24  For  suballocation  to  the  department   of
   25    health  for aid to localities payments for
   26    services  and  expenses  related  to   the
   27    administration    of    the   immunization
   28    program. A portion of  this  appropriation
   29    may be transferred to state operations for
   30    administration  of  the program; PROVIDED,
   31    HOWEVER, THAT THE AMOUNT OF THIS APPROPRI-
   32    ATION  AVAILABLE   FOR   EXPENDITURE   AND
   33    DISBURSEMENT ON AND AFTER NOVEMBER 1, 2009
   34    SHALL  BE  REDUCED  BY 12.5 PERCENT OF THE
   35    AMOUNT THAT WAS UNDISBURSED AS OF NOVEMBER
   36    1, 2009 ........................ 7,520,000
   37  For services and  expenses  related  to  the
   38    healthy  NY  program.  A  portion  of this
   39    appropriation may be transferred to  state
   40    operations  appropriations. [Notwithstand-
   41    ing the provisions of any   other  law  to
   42    the  contrary, for state fiscal year 2008-
   43    2009 the liability of the  state  and  the
   44    amount  to  be  distributed  or  otherwise
   45    expended by the state pursuant to sections
   46    4326 and 4327 of the insurance  law  shall
   47    be  determined  by  first  calculating the
   48    amount of the expenditure or other liabil-
   49    ity pursuant to such law, and then  reduc-
   50    ing   the  amount  so  calculated  by  two
   51    percent of  such  amount]  NOTWITHSTANDING
   52    ANY  OTHER PROVISION OF LAW TO THE CONTRA-
   53    RY, FOR STATE FISCAL  YEAR  2009-2010  THE
   54    LIABILITY  OF  THE STATE AND THE AMOUNT TO
   55    BE DISTRIBUTED OR  OTHERWISE  EXPENDED  BY

       S. 22                              78                              A. 22

    1    THE  STATE  PURSUANT  TO SECTIONS 4326 AND
    2    4327 OF THE  INSURANCE  LAW  ON  OR  AFTER
    3    NOVEMBER  1,  2009  SHALL BE DETERMINED BY
    4    FIRST   CALCULATING   THE  AMOUNT  OF  THE
    5    EXPENDITURE OR OTHER LIABILITY PURSUANT TO
    6    SUCH LAW, AND THEN REDUCING THE AMOUNT  SO
    7    CALCULATED BY 12.5 PERCENT OF SUCH AMOUNT,
    8    AND  THAT THE AMOUNT OF THIS APPROPRIATION
    9    AVAILABLE FOR  DISBURSEMENT  ON  OR  AFTER
   10    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   11    PERCENT OF THE AMOUNT THAT IS  UNDISBURSED
   12    AS OF SUCH DATE .............. 161,040,000
   13                                --------------

   14                             DEPARTMENT OF STATE

   15              STATE OPERATIONS AND AID TO LOCALITIES   2009-10

   16  LOCAL GOVERNMENT AND COMMUNITY SERVICES PROGRAM

   17    General Fund / Aid to Localities
   18    Local Assistance Account - 001

   19  For  payment  to  not-for-profit  tax exempt
   20    entities for  the  purpose  of  delivering
   21    civil   legal  services  to  the  poor  in
   22    accordance     with     the      following
   23    sub-schedule;  PROVIDED, HOWEVER, THAT THE
   24    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   25    EXPENDITURE AND DISBURSEMENT ON AND  AFTER
   26    NOVEMBER  1, 2009 SHALL BE REDUCED BY 12.5
   27    PERCENT OF THE AMOUNT THAT WAS UNDISBURSED
   28    AS OF NOVEMBER 1, 2009 ......... 4,241,911

   29                  sub-schedule

   30  Brooklyn Bar Association .....
   31    ..................... 27,360
   32  CASA of Albany Co Mediation ..
   33    ...................... 2,048
   34  CASA of Erie Co ........ 3,757
   35  CASA of Orange Co Mediation ..
   36    ...................... 3,757
   37  CASA of Rockland Co .... 2,048
   38  CASA of Ulster ......... 3,750
   39  CASA  of  Westchester   Mental
   40    Health ............... 5,629
   41  Chautauqua     County    Legal
   42    services ............ 24,477
   43  Chemung County Legal  Services
   44    (LAWNY).............. 44,417
   45  Community Advocacy Group .....
   46    ...................... 8,222
   47  Erie  County Volunteer Lawyers
   48    Project ............. 24,119
   49  Farmworkers Legal Services ...

       S. 22                              79                              A. 22

    1    ..................... 49,751
    2  FOCUS ................. 39,689
    3  Empire Justice Center ........
    4    .................... 264,939
    5  Hiscock Legal Aid Society ....
    6    ..................... 33,194
    7  Housing Conservation Coordina-
    8    tors ................. 7,522
    9  Lawyers Alliance for New York
   10    ..................... 27,144
   11  Legal Aid Bureau of Buffalo ..
   12    ..................... 30,129
   13  Legal Aid of Rockland County .
   14    ..................... 29,281
   15  Legal Aid Society of Rochester
   16    ..................... 33,154
   17  Legal Aid Society NYC ........
   18    .................. 1,091,251
   19  Legal  Aid  Society  of North-
   20    eastern NY ......... 216,826
   21  Legal Services for the Elderly
   22    Disabled and Disadvantaged .
   23    ...................... 7,507
   24  Legal Services of Central  New
   25    York ............... 256,561
   26  Legal   Services   of   Hudson
   27    Valley ............. 184,447
   28  Legal  Services  of  New  York
   29    City ............. 1,157,381
   30  Medicare Rights Center .......
   31    ..................... 10,530
   32  Monroe County Legal Assistance
   33    Center (LAWNY) ...... 37,930
   34  Nassau Suffolk Law Services ..
   35    .................... 198,883
   36  Neighborhood   Legal  Services
   37    (Orleans, Genesee, Wyoming)
   38    ..................... 18,069
   39  Neighborhood  Legal   Services
   40    (Erie) ............. 159,043
   41  Neighborhood   Legal  Services
   42    (Niagara) ........... 30,328
   43  New  York   Legal   Assistance
   44    Group (NYLAG) ....... 12,060
   45  Public Utility Law Project ...
   46    ..................... 34,666
   47  Puerto Rican Legal Defense and
   48    Education Fund ...... 15,084
   49  Research Found. CUNY-Brookdale
   50    ..................... 11,258
   51  Southern  Tier  Legal Services
   52    (LAWNY) ............. 49,114
   53  Urban Justice Center .. 18,766
   54  Volunteer  Legal  Services  of
   55    (NYC) ............... 43,701

       S. 22                              80                              A. 22

    1  Volunteer  Legal  Services  of
    2    Monroe .............. 24,119
    3                  --------------

    4    Special Revenue Funds - Other / Aid to Localities
    5    Miscellaneous Special Revenue Fund - 339
    6    Local Wireless Public Safety Answering Point Account

    7  [Notwithstanding the provisions of any other
    8    law to the contrary, for state fiscal year
    9    2009-2010  the  liability of the state and
   10    the amount to be distributed or  otherwise
   11    expended  by the state pursuant to section
   12    309 of the county law shall be  determined
   13    by  first  calculating  the  amount of the
   14    expenditure or other liability pursuant to
   15    such law, and then reducing the amount  so
   16    calculated by two percent of such amount.]
   17  For expenses of local wireless public safety
   18    answering  points associated with eligible
   19    wireless 911 service costs.  NOTWITHSTAND-
   20    ING ANY OTHER  PROVISION  OF  LAW  TO  THE
   21    CONTRARY,  FOR STATE FISCAL YEAR 2009-2010
   22    THE LIABILITY OF THE STATE AND THE  AMOUNT
   23    TO BE DISTRIBUTED OR OTHERWISE EXPENDED BY
   24    THE  STATE  ON  OR  AFTER NOVEMBER 1, 2009
   25    SHALL BE DETERMINED BY  FIRST  CALCULATING
   26    THE  AMOUNT  OF  THE  EXPENDITURE OR OTHER
   27    LIABILITY PURSUANT TO SUCH LAW,  AND  THEN
   28    REDUCING  THE AMOUNT SO CALCULATED BY 12.5
   29    PERCENT  OF  SUCH  AMOUNT,  AND  THAT  THE
   30    AMOUNT OF THIS APPROPRIATION AVAILABLE FOR
   31    DISBURSEMENT  ON OR AFTER NOVEMBER 1, 2009
   32    SHALL BE REDUCED BY 12.5  PERCENT  OF  THE
   33    AMOUNT THAT IS UNDISBURSED AS OF SUCH DATE
   34    ................................ 4,900,000
   35  [Notwithstanding the provisions of any other
   36    law to the contrary, for state fiscal year
   37    2009-2010  the  liability of the state and
   38    the amount to be distributed or  otherwise
   39    expended  by the state pursuant to section
   40    309 of the county law shall be  determined
   41    by  first  calculating  the  amount of the
   42    expenditure or other liability pursuant to
   43    such law, and then reducing the amount  so
   44    calculated by two percent of such amount.]
   45  For expenses of local wireless public safety
   46    answering  points associated with eligible
   47    wireless 911 service costs, including  but
   48    not  limited  to financing and acquisition
   49    costs.      NOTWITHSTANDING   ANY    OTHER
   50    PROVISION  OF  LAW  TO  THE  CONTRARY, FOR
   51    STATE FISCAL YEAR 2009-2010 THE  LIABILITY
   52    OF THE STATE AND THE AMOUNT TO BE DISTRIB-
   53    UTED OR OTHERWISE EXPENDED BY THE STATE ON
   54    OR  AFTER NOVEMBER 1, 2009 SHALL BE DETER-

       S. 22                              81                              A. 22

    1    MINED BY FIRST CALCULATING THE  AMOUNT  OF
    2    THE  EXPENDITURE OR OTHER LIABILITY PURSU-
    3    ANT TO SUCH LAW,  AND  THEN  REDUCING  THE
    4    AMOUNT  SO  CALCULATED  BY 12.5 PERCENT OF
    5    SUCH AMOUNT, AND THAT THE AMOUNT  OF  THIS
    6    APPROPRIATION  AVAILABLE  FOR DISBURSEMENT
    7    ON OR AFTER  NOVEMBER  1,  2009  SHALL  BE
    8    REDUCED BY 12.5 PERCENT OF THE AMOUNT THAT
    9    IS UNDISBURSED AS OF SUCH DATE ...........
   10    ................................ 4,900,000
   11                                --------------

   12                        DEPARTMENT OF TRANSPORTATION

   13               STATE OPERATIONS AND AID TO LOCALITIES 2009-10

   14  MASS TRANSPORTATION ASSISTANCE PROGRAM ...................
   15    ........................................... [25,251,000]     6,312,750

   16    General Fund / Aid to Localities
   17    Local Assistance Account - 001

   18  For  payment to the metropolitan transporta-
   19    tion  authority  for  the  costs  of   the
   20    reduced  fare for school children program.
   21    No expenditure  shall  be  made  hereunder
   22    until  a  certificate of approval has been
   23    issued by the director of the budget and a
   24    copy of such certificate  filed  with  the
   25    state  comptroller, the chairperson of the
   26    senate finance committee  and  the  chair-
   27    person  of  the  assembly  ways  and means
   28    committee. Moneys appropriated herein  may
   29    be  made available at such times as deemed
   30    appropriate by the commissioner of  trans-
   31    portation and the director of the budget .
   32    ............................. [25,251,000]     6,312,750
   33                                --------------

   34  MASS TRANSPORTATION OPERATING ASSISTANCE FUND PROGRAM ....
   35    ........................................ [1,743,240,000] 1,620,384,204
   36                                              --------------

   37    Special Revenue Funds - Other / Aid to Localities
   38    Mass Transportation Operating Assistance Fund - 313
   39    Metropolitan  Mass  Transportation  Operating Assistance
   40      Account

   41  Notwithstanding any  inconsistent  provision
   42    of  law,  the following appropriations are
   43    for payment of mass transportation operat-
   44    ing assistance provided that payments from
   45    this appropriation shall be made  pursuant
   46    to a financial plan approved by the direc-
   47    tor of the budget.

       S. 22                              82                              A. 22

    1  To the metropolitan transportation authority
    2    for the operating expenses of the New York
    3    city  transit authority, the Manhattan and
    4    Bronx surface transit operating authority,
    5    and  the Staten Island rapid transit oper-
    6    ating authority ............ [936,814,500]   857,761,483
    7  To the metropolitan transportation authority
    8    for the operating  expenses  of  the  Long
    9    Island  rail  road  company and the Metro-
   10    North  commuter  railroad  company   which
   11    includes  the  New  York  state portion of
   12    Harlem, Hudson, Port Jervis, Pascack,  and
   13    the  New  Haven commuter railroad services
   14    regardless of  whether  the  services  are
   15    provided  directly  or  pursuant  to joint
   16    service agreements ......... [480,260,200]   436,945,704
   17  To Rockland county for  a  trans-Hudson  bus
   18    service  to  be  provided  pursuant  to  a
   19    contract  between  Rockland   county   and
   20    Metro-North commuter railroad ............
   21    .............................. [2,810,400]     2,739,843
   22  To  the  city  of New York for the operating
   23    expenses  of  the  Staten   Island   ferry
   24    notwithstanding  any  other  provisions of
   25    law ......................... [24,446,500]    23,768,580
   26  To the county of Westchester for the operat-
   27    ing expenses thereof incurred  for  public
   28    transportation  services,  provided within
   29    the county directly or under contract ....
   30    ............................. [43,011,800]    41,867,182
   31  To the county of Nassau or its  sub-grantees
   32    for   the   operating   expenses   thereof
   33    incurred   for    public    transportation
   34    services .................... [48,348,600]    47,939,822
   35  To  the  county  of  Suffolk  for  operating
   36    expenses  thereof  incurred   for   public
   37    transportation  services,  provided within
   38    the county directly or under contract ....
   39    ............................. [20,661,600]    20,119,522
   40  To the city of New York  for  the  operating
   41    expenses   thereof   incurred  for  public
   42    transportation services,  provided  within
   43    the   city  directly  or  under  contract;
   44    provided however, that $2,000,000 of  this
   45    appropriation   shall   be   for  expenses
   46    incurred for the Staten Island express bus
   47    service ..................... [66,015,100]    64,201,033
   48  To all other public  transportation  systems
   49    serving  primarily within the metropolitan
   50    commuter   transportation   district,   as
   51    defined  in  section  1262  of  the public
   52    authorities law, eligible to receive oper-
   53    ating assistance under the  provisions  of
   54    section 18-b of the transportation law for
   55    the  operating expenses thereof in accord-

       S. 22                              83                              A. 22

    1    ance with a service and usage  formula  to
    2    be  established  by  the  commissioner  of
    3    transportation  with  the  approval of the
    4    director of the budget ...... [24,396,600]    23,491,359
    5                                --------------
    6      Program account subtotal ...............
    7        ...................... [1,651,077,300] 1,526,960,529
    8                                --------------

    9  MASS TRANSPORTATION OPERATING ASSISTANCE PROGRAM .........
   10    ............................................ 221,869,900
   11                                              --------------

   12    General Fund / Aid to Localities
   13    Local Assistance Account - 001

   14  Notwithstanding any  inconsistent  provision
   15    of  law,  the following appropriations are
   16    for the  payment  of  mass  transportation
   17    operating  assistance  pursuant to section
   18    18-b of the  transportation  law.  To  the
   19    metropolitan  transportation authority for
   20    the operating expenses  of  the  New  York
   21    city  transit authority, the Manhattan and
   22    Bronx surface transit operating authority,
   23    and the Staten Island rapid transit  oper-
   24    ating  authority,  provided, however, that
   25    [$4,817,000] $2,408,500 may be paid to the
   26    metropolitan transportation  authority  on
   27    or  after April 1, 2009 but not later than
   28    May 10, 2009 ................. [4,817,000]     2,408,500
   29  To the metropolitan transportation authority
   30    for the operating  expenses  of  the  Long
   31    Island  rail  road  company and the Metro-
   32    North  commuter  railroad  company   which
   33    include  operating  expenses  for  the New
   34    York state portion of Harlem, Hudson, Port
   35    Jervis, Pascack, and  New  Haven  commuter
   36    railroad  services  regardless  of whether
   37    such services  are  provided  directly  or
   38    pursuant to joint service agreements .....
   39    .............................. [8,045,000]     4,022,500
   40  To  the  city  of New York for the operating
   41    expenses  of  the  Staten   Island   ferry
   42    notwithstanding any other provision of law
   43    ................................ [575,700]       287,850
   44  To the county of Westchester for the operat-
   45    ing  expenses  thereof  incurred  for  the
   46    public transportation  services,  provided
   47    within   the   county  directly  or  under
   48    contract ....................... [486,400]       243,200
   49  To the county of Nassau or its  sub-grantees
   50    for   the   operating   expenses   thereof
   51    incurred   for    public    transportation
   52    services ....................... [393,500]       196,750

       S. 22                              84                              A. 22

    1  To  the  county  of  Suffolk  for  operating
    2    expenses  thereof  incurred   for   public
    3    transportation  services,  provided within
    4    the county directly or under contract ....
    5    ................................ [139,300]        69,650
    6  To  the  city  of New York for the operating
    7    expenses  thereof  incurred   for   public
    8    transportation  services,  provided within
    9    the city directly or under contract ......
   10    .............................. [1,373,200]       686,600
   11  To all other public  transportation  systems
   12    serving  primarily within the metropolitan
   13    commuter transportation district  eligible
   14    to  receive operating assistance under the
   15    provisions of section 18-b of  the  trans-
   16    portation  law  for the operating expenses
   17    thereof in accordance with a  service  and
   18    usage  formula  to  be  established by the
   19    commissioner of  transportation  with  the
   20    approval of the director of the budget ...
   21    ................................ [386,800]       369,950
   22                                --------------
   23      Program account subtotal .. [27,433,900]    19,502,000
   24                                --------------

   25    Special Revenue Funds - Other / Aid to Localities
   26    Mass Transportation Operating Assistance Fund - 313
   27    Metropolitan  Mass  Transportation  Operating Assistance
   28      Account

   29  Notwithstanding any  inconsistent  provision
   30    of  law,  the following appropriations are
   31    for the  payment  of  mass  transportation
   32    operating  assistance  pursuant to section
   33    18-b of the transportation law and section
   34    88-a of the  state  finance  law.  To  the
   35    metropolitan  transportation authority for
   36    the operating expenses  of  the  New  York
   37    city  transit authority, the Manhattan and
   38    Bronx surface transit operating authority,
   39    and the Staten Island rapid transit  oper-
   40    ating authority ............ [153,855,000]   156,263,500
   41  To the metropolitan transportation authority
   42    for  the  operating  expenses  of the Long
   43    Island rail road company  and  the  Metro-
   44    North   commuter  railroad  company  which
   45    include operating  expenses  for  the  New
   46    York state portion of Harlem, Hudson, Port
   47    Jervis,  Pascack,  and  New Haven commuter
   48    railroad services  regardless  of  whether
   49    such  services  are  provided  directly or
   50    pursuant to joint service agreements .....
   51    ............................. [21,207,000]    25,229,500
   52  To the city of New York  for  the  operating
   53    expenses of the Staten Island ferry ......

       S. 22                              85                              A. 22

    1    .............................. [2,196,000]     2,483,850
    2  To the county of Westchester for the operat-
    3    ing  expenses  thereof incurred for public
    4    transportation services,  provided  within
    5    the county directly or under contract ....
    6    .............................. [2,317,000]     2,560,200
    7  To  the county of Nassau or its sub-grantees
    8    for   the   operating   expenses   thereof
    9    incurred    for    public   transportation
   10    services ..................... [2,146,000]     2,342,750
   11  To  the  county  of  Suffolk  for  operating
   12    expenses   thereof   incurred  for  public
   13    transportation services,  provided  within
   14    the county directly or under contract ....
   15    ................................ [785,000]       854,650
   16  To  the  city  of New York for the operating
   17    expenses  thereof  incurred   for   public
   18    transportation  services,  provided within
   19    the city directly or under contract ......
   20    .............................. [5,395,000]     6,081,600
   21  To eligible  public  transportation  systems
   22    serving  primarily within the metropolitan
   23    commuter   transportation   district,   as
   24    defined  in  section  1262  of  the public
   25    authorities law, eligible to receive oper-
   26    ating assistance under the  provisions  of
   27    section 18-b of the transportation law for
   28    the  operating expenses thereof in accord-
   29    ance with a service and usage  formula  to
   30    be  established  by  the  commissioner  of
   31    transportation with the  approval  of  the
   32    director of the budget ....... [1,639,000]     1,655,850
   33                                --------------
   34      Program account subtotal ...............
   35        ........................ [189,540,000]   197,471,900
   36                                --------------

   37  ADDITIONAL MASS TRANSPORTATION ASSISTANCE PROGRAM ........
   38    ........................................... [44,866,800]    35,747,846
   39                                              --------------

   40    General Fund / Aid to Localities
   41    Local Assistance Account - 001

   42  To   the   Capital  District  transportation
   43    authority for the operating expenses ther-
   44    eof .......................... [6,618,000]     6,397,266
   45  To  the  Capital   District   transportation
   46    authority    for    additional   operating
   47    expenses thereof ............. [2,476,735]     1,593,840
   48  To the Central New York regional transporta-
   49    tion authority for the operating  expenses
   50    thereof ...................... [5,730,200]     5,082,454
   51  To the Central New York regional transporta-
   52    tion  authority  for  additional operating
   53    expenses thereof ............... [721,043]       360,522

       S. 22                              86                              A. 22

    1  To the Rochester-Genesee regional  transpor-
    2    tation   authority   for   the   operating
    3    expenses thereof ............. [3,314,500]     3,265,062
    4  To the Rochester-Genesee regional  transpor-
    5    tation  authority for additional operating
    6    expenses thereof ............. [4,426,643]     3,319,983
    7  To  the  Niagara   Frontier   transportation
    8    authority for the operating expenses ther-
    9    eof .......................... [5,529,200]     4,481,492
   10  To   the   Niagara  Frontier  transportation
   11    authority   for    additional    operating
   12    expenses thereof ............. [1,098,830]       549,416
   13  To  all  other public transportation systems
   14    serving primarily outside of the metropol-
   15    itan  commuter   transportation   district
   16    eligible  to  receive operating assistance
   17    under the provisions of  section  18-b  of
   18    the  transportation  law for the operating
   19    expenses  thereof  in  accordance  with  a
   20    service  and  usage  formula  to be estab-
   21    lished by the commissioner of  transporta-
   22    tion  with the approval of the director of
   23    the budget ................... [3,674,900]     3,674,900
   24  To all other public  transportation  systems
   25    serving primarily outside of the metropol-
   26    itan   commuter   transportation  district
   27    eligible to receive  operating  assistance
   28    under  the  provisions  of section 18-b of
   29    the  transportation  law  for   additional
   30    operating  expenses  thereof in accordance
   31    with a service and  usage  formula  to  be
   32    established  by  the commissioner of tran-
   33    sportaion with the approval of the  direc-
   34    tor of the budget .............. [891,449]       401,152
   35                                --------------

   36  To  Rockland  county  for a trans-Hudson bus
   37    service  to  be  provided  pursuant  to  a
   38    contract   between   Rockland  county  and
   39    Metro-North commuter railroad ... [66,997]        33,499
   40  To the city of New York  for  the  operating
   41    expenses of the Staten Island ferry ......
   42    ................................ [660,526]       330,263
   43  To the county of Westchester for the operat-
   44    ing  expenses  thereof  incurred  for  the
   45    public transportation  services,  provided
   46    within   the   county  directly  or  under
   47    contract ..................... [1,104,278]       552,139
   48  To the county of Nassau or its  sub-grantees
   49    for   the   operating   expenses   thereof
   50    incurred   for    public    transportation
   51    services ..................... [5,628,286]     3,993,250
   52  To  the  county  of  Suffolk  for  operating
   53    expenses  thereof  incurred   for   public
   54    transportation  services,  provided within
   55    the county directly or under contract ....

       S. 22                              87                              A. 22

    1    ................................ [514,269]       257,135
    2  To the city of New York  for  the  operating
    3    expenses   thereof   incurred  for  public
    4    transportation services,  provided  within
    5    the city directly or under contract ......
    6    .............................. [1,763,568]       881,784
    7  To  all  other public transportation systems
    8    serving primarily within the  metropolitan
    9    commuter  transportation district eligible
   10    to receive operating assistance under  the
   11    provisions  of  section 18-b of the trans-
   12    portation law for the  operating  expenses
   13    thereof  in  accordance with a service and
   14    usage formula to  be  established  by  the
   15    commissioner  of  transportation  with the
   16    approval of the director of the budget ...
   17    ................................ [647,376]       573,688
   18                                --------------
   19      Program account subtotal .. [44,866,800]    35,747,846
   20                                --------------

   21    S 6. This act shall take effect immediately and  shall  be  deemed  to
   22  have been in full force and effect on and after April 1, 2009.