§ 409-c. Powers and duties of the commissioner; administrative and\nfiscal functions. 1. Notwithstanding the provisions of sections\nforty-four, forty-nine, fifty, fifty-one and ninety-three of the state\nfinance law, section nine of the public buildings law or any other\nprovision of law to the contrary, the commissioner is authorized and\nempowered:\n (a) to expend all lump sum or consolidated appropriations and other\nappropriations made for the institutional program. Within aggregate\nfunds available for expenditures, the state comptroller shall draw\nwarrants for the payment of all vouchers approved by the commissioner,\nor by such person as shall be designated by the commissioner by a rule\nor written direction filed with the state comptroller. Such lump sum or\nconsolidated appropriations made for personal service, or for\nmaintenance and operation or for non-personal service, or maintenance\nundistributed including personal service, other than appropriations from\nproprietary or fiduciary funds, shall be available for payments for\npersonal service, or maintenance and operation or for non-personal\nservice, or for maintenance undistributed including personal service\nupon the filing of a schedule of positions and salaries and the amounts\nto be available for other personal service classes of expenditure, and\nfor the expenses of maintenance and operation, or for non-personal\nservice with the director of the budget, chairman of the senate finance\ncommittee, chairman of the assembly ways and means committee, and the\nstate comptroller. Any such schedule may be amended and such amendment\nshall be filed with the officers named above. The state comptroller is\nauthorized to pay any amounts required for the salaries and related\nemployment benefits of employees of the institutional program from any\nappropriations available therefor.\n (b) To increase or decrease capital projects fund appropriations by\ntransfer or interchange as follows:\n (i) Amounts appropriated for the programs or purposes or for any item\nor items within such programs or purposes of the institutional program\nin the department from a particular fund or funds, excluding\nappropriations for major new facility construction or comprehensive\nfacility renovation or modernization projects, in a fiscal year may be\ninterchanged between items within the same program or purposes of an\ninstitution, or with other items appropriated from such fund not in the\nsame program or purpose within an institution, but which are contained\nin the state comptroller's classification of items as last promulgated\npursuant to a certificate of allocation. Such certificate shall be\nsubmitted by the commissioner to the state comptroller with copies to be\nsent to the chairs of the senate finance committee and the assembly ways\nand means committee and the director of the budget for informational\npurposes only.\n 2. (a) Notwithstanding any inconsistent provision of section\nninety-three of the state finance law or any other law to the contrary,\nany capital projects fund appropriation for state hospitals in the\ndepartment shall be available to the department upon issuance of a\ncertificate of approval of availability by the director of the budget.\nThe certificate shall be for so much as shall be necessary to accomplish\nthe purposes described in the report from the department specifying the\nscope of the project and the project budget within the limits of the\nappropriation and a copy of such certificate of approval shall be filed\nwith the state comptroller, the chair of the senate finance committee\nand the chair of the assembly ways and means committee. Moneys so\napproved shall be paid on the audit and warrant of the state comptroller\npursuant to vouchers approved by the commissioner.\n (b) Notwithstanding any inconsistent provision of section nine of the\npublic buildings law or any other law to the contrary, when the\ncommissioner shall determine that there is a
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