Fund Local Government Services

Section 1. a) The several amounts specified in this chapter for aid to localities, or so much thereof as shall be sufficient to accomplish the purposes designated by the appropriations, are hereby appropriated and authorized to be paid as hereinafter provided, to the respective public officers and for the several purposes specified.

b) Where applicable, appropriations made by this chapter for expenditures from federal grants for aid to localities may be allocated for spending from federal grants for any grant period beginning, during, or

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD12553-10-9

2 12553-10-9

prior to, the state fiscal year beginning on April 1, 2019 except as otherwise noted.

c) The several amounts named herein, or so much thereof as shall be sufficient to accomplish the purpose designated, being the undisbursed and/or unexpended balances of the prior year's appropriations, are hereby reappropriated from the same funds and made available for the same purposes as the prior year's appropriations, unless herein amended, for the fiscal year beginning April 1, 2019. Certain reappropriations in this chapter are shown using abbreviated text, with three leader dots (an ellipsis) followed by three spaces (... ) used to indicate where existing law that is being continued is not shown. However, unless a change is clearly indicated by the use of brackets [ ] for deletions and underscores for additions, the purposes, amounts, funding source and all other aspects pertinent to each item of appropriation shall be as last appropriated.

For the purpose of complying with the state finance law, the year, chapter and section of the last act reappropriating a former original appropriation or any part thereof is, unless otherwise indicated, chapter 53, section 1, of the laws of 2018 and, for the education department, chapter 54, section 2, of the laws of 2018.

d) No moneys appropriated by this chapter shall be available for payment until a certificate of approval has been issued by the director of the budget, who shall file such certificate with the department of audit and control, the chairperson of the senate finance committee and the chairperson of the assembly ways and means committee.

e) Notwithstanding any provision of law to the contrary, if the financial plan required under sections twenty-two or twenty-three of the state finance law estimates that the general fund is reasonably anticipated to end the fiscal year with an imbalance of $500,000,000 or more, the director of the division of the budget shall prepare a plan that shall be submitted to the legislature, which shall identify the general fund and state special revenue fund appropriations contained herein and related disbursements that may be reduced to eliminate the imbalance identified in the general fund, provided, however, that the total reduction in disbursements identified in such plan shall not exceed an amount equal to 1.0 percent of estimated disbursements in total state operating funds for fiscal year 2019-2020. The legislature shall have 30 days after such submission to either prepare its own plan, which may be adopted by concurrent resolution passed by both houses and implemented by the division of the budget, or if after 30 days the legislature fails to adopt its own plan, the reductions to the general fund and state special revenue fund appropriations contained herein and related disbursements identified in the division of the budget plan will go into effect automatically. To the extent the State is obligated to make payment to any individual or entity pursuant to any appropriation contained herein to which an adjustment or reduction is applied in accordance with this section, such obligation shall be reduced commensurate with any adjustments or reductions made by the director of the budget and/or by the legislature. The following types of appropriations shall be exempt from reduction in any plan prepared by the budget director and/or any plan adopted by the legislature: (a) public assistance payments for families and individuals and payments for eligible aged, blind and disabled persons related to supplemental social security; (b) any reductions that would violate federal law; (c) payments of debt service and related expenses for which the state is constitutionally obligated to pay debt service or is contractually obligated to pay debt

3 12553-10-9

service, subject to an appropriation, including where the state has a contingent contractual obligation; and (d) payments the state is obligated to make pursuant to court orders or judgments.

f) The appropriations contained in this chapter shall be available for the fiscal year beginning on April 1, 2019 except as otherwise noted.

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OFFICE FOR THE AGING

AID TO LOCALITIES 2019-20

For payment according to the following schedule:

APPROPRIATIONS REAPPROPRIATIONS

General Fund........................ 145,150,500 97,463,500

Special Revenue Funds - Federal..... 114,985,000 196,692,000

Special Revenue Funds - Other....... 980,000 0

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

All funds......................... 261,115,500 294,155,500

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

SCHEDULE

COMMUNITY SERVICES PROGRAM ................................. 261,115,500

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

General Fund

Local Assistance Account - 10000

For services and expenses, including the

payment of liabilities incurred prior to

April 1, 2019, related to the community

services for the elderly grant program.

Notwithstanding subparagraph (1) of para-

graph (b) of subdivision 4 of section 214

of the elder law and any other provision

of law to the contrary, up to $3,500,000

of the funds appropriated herein may, at

the discretion of the director of the

budget, be used by the state to reimburse

counties for more than the 75 percent of

the total annual expenditures of approved

community services for the elderly

programs. No expenditures shall be made

from this appropriation until the director

of the budget has approved a plan submit-

ted by the office outlining the amounts

and purposes of such expenditures and the

allocation of funds among the counties.

Notwithstanding any provision of law, rule

or regulation to the contrary, subject to

the approval of the director of the budg-

et, funds appropriated herein for the

community services for the elderly program

(CSE) and the expanded in-home services

for the elderly program (EISEP) may be

used in accordance with a waiver or

reduction in county maintenance of effort

requirements established pursuant to

section 214 of the elder law, except for

base year expenditures. To the extent that

funds hereby appropriated are sufficient

5 12553-10-9

OFFICE FOR THE AGING

AID TO LOCALITIES 2019-20

to exceed the per capita limit established

in section 214 of the elder law, the

excess funds shall be available to supple-

ment the existing per capita level in a

uniform manner consistent with statutory

allocations. Notwithstanding any inconsistent provision

of law, including section 1 of part C of

chapter 57 of the laws of 2006, as amended

by section 1 of part I of chapter 60 of

the laws of 2014, for the period commenc-

ing on April 1, 2019 and ending March 31,

2020 the director shall not apply any cost

of living adjustment for the purpose of

establishing rates of payments, contracts

or any other form of reimbursement (10318) .. 28,933,000 For planning and implementation, including

the payment of liabilities incurred prior

to April 1, 2019, of a program of expanded

in-home, case management and ancillary

community services for the elderly

(EISEP). Notwithstanding any inconsistent provision

of law to the contrary, including but not

limited to the state reimbursement and

county maintenance of effort requirements

specified in the elder law, up to

$15,000,000 of the funds appropriated

herein shall be used to address the unmet

needs of the elderly as reported to the

office for the aging through the reporting

requirements set forth in state elder law

section 214. Subject to the approval of

the director of the budget, up to

$15,000,000 hereby appropriated may be

interchanged or transferred with any other

general fund appropriation within the

office for the aging to address the unmet

needs of the elderly as reported to the

office for the aging through the reporting

requirements set forth in state elder law

section 214. The office for the aging

shall provide an annual report to the

governor, the temporary president of the

senate, and the speaker of the assembly by

September 1, 2020 that shall include the

area agencies on aging that have received

these funds, the amount of funds received

by each area agency on aging, the number

of participants served, and the services

provided.

6 12553-10-9

OFFICE FOR THE AGING

AID TO LOCALITIES 2019-20

No expenditures shall be made from this

appropriation until the director of the

budget has approved a plan submitted by

the office outlining the amounts and

purposes of such expenditures and the

allocation of funds among the counties,

including the city of New York. Notwithstanding any inconsistent provision

of law, including section 1 of part C of

chapter 57 of the laws of 2006, as amended

by section 1 of part I of chapter 60 of

the laws of 2014, for the period commenc-

ing on April 1, 2019 and ending March 31,

2020 the director shall not apply any cost

of living adjustment for the purpose of

establishing rates of payments, contracts

or any other form of reimbursement (10319) .. 65,120,000 For services and expenses of grants to area

agencies on aging for the establishment

and operation of caregiver resource

centers (10321) ................................ 353,000 For services and expenses, including the

payment of liabilities incurred prior to

April 1, 2019, associated with the well-

ness in nutrition (WIN) program, formerly

known as the supplemental nutrition

assistance program (SNAP), including a

suballocation to the department of agri-

culture and markets to be transferred to

state operations for administrative costs

of the farmers market nutrition program.

Up to $200,000 of this appropriation may

be made available to the Council of Senior

Centers and Services of New York City to

provide outreach within the older adult

SNAP initiative. No expenditure shall be

made from this appropriation until the

director of the budget has approved a plan

submitted by the office outlining the

amounts and purpose of such expenditures

and the allocation of funds among the

counties. Notwithstanding any inconsistent provision

of law, including section 1 of part C of

chapter 57 of the laws of 2006, as amended

by section 1 of part I of chapter 60 of

the laws of 2014, for the period commenc-

ing on April 1, 2019 and ending March 31,

2020 the director shall not apply any cost

of living adjustment for the purpose of

establishing rates of payments, contracts

or any other form of reimbursement (10322) .. 27,483,000

7 12553-10-9

OFFICE FOR THE AGING

AID TO LOCALITIES 2019-20

Local grants for services and expenses of

the long-term care ombudsman program

(10323) ...................................... 1,190,000 For state aid grants to providers of respite

services to the elderly. Funding priority

shall be given to the renewal of existing

contracts with the state office for the

aging. No expenditures shall be made from

this appropriation until the director of

the budget has approved a plan submitted

by the office outlining the amounts to be

distributed by provider (10328) ................ 656,000 For state aid grants to providers of social

model adult day services. Funding priority

shall be given to the renewal of existing

contracts with the state office for the

aging. No expenditures shall be made from

this appropriation until the director of

the budget has approved a plan submitted

by the office outlining the amounts to be

distributed by provider (10329) .............. 1,072,000 For state aid grants to naturally occurring

retirement communities (NORC). Funding

priority shall be given to the renewal of

existing contracts with the state office

for the aging. No expenditures shall be

made from this appropriation until the

director of the budget has approved a plan

submitted by the office outlining the

amounts to be distributed by provider

(10330) ...................................... 2,027,500 For state aid grants to neighborhood

naturally occurring retirement communities

(NNORC). Funding priority shall be given

to the renewal of existing contracts with

the state office for the aging. No expend-

itures shall be made from this appropri-

ation until the director of the budget has

approved a plan submitted by the office

outlining the amounts to be distributed by

provider any activities or provide any

services (10331) ............................. 2,027,500 For grants in aid to the 59 designated area

agencies on aging for transportation oper-

ating expenses related to serving the

elderly. Funds shall be allocated from

this appropriation pursuant to a plan

prepared by the director of the state

office for the aging and approved by the

director of the budget (10885) ............... 1,121,000 For grants to the area agencies on aging for

8 12553-10-9

OFFICE FOR THE AGING

AID TO LOCALITIES 2019-20

the health insurance information, coun-

seling and assistance program (10335) ........ 1,000,000 For state matching funds for services and

expenses to match federally funded model

projects and/or demonstration grant

programs, a portion of which may be trans-

ferred to state operations or to other

entities as necessary to meet federal

grant objectives (10336) ....................... 175,000 For the managed care consumer assistance

program for the purpose of providing

education, outreach, one-on-one coun-

seling, monitoring of the implementation

of medicare part D, and assistance with

drug appeals and fair hearings related to

medicare part D coverage for persons who

are eligible for medical assistance and

who are also beneficiaries under part D of

title XVIII of the federal social security

act and for participants of the elderly

pharmaceutical insurance coverage program