NY State Senate Bill 2017-S7225

Senate Bill S7225

2017-2018 Legislative Session

Directs the commissioner of health to establish a schedule of reasonable maximum allowable charges for the use, maintenance and repair of air conditioners used by residents of adult homes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2018	referred to health

2017-S7225 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §461-q, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6932
2011-2012: S403
2013-2014: S5607
2015-2016: S351

2017-S7225 (ACTIVE) - Summary

Directs the commissioner of health to establish a schedule of reasonable maximum allowable charges for the use, maintenance and repair of air conditioners used by residents of adult homes, enriched housing programs and residences for adults.

2017-S7225 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7225

SPONSOR: PERALTA
 
TITLE OF BILL:

An act to amend the social services law, in relation to establishing a
fee schedule for the use, maintenance and repair of air conditioners in
adult homes

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 461-q of the Social Services Law. Authorizes
and directs the Commissioner of Health to establish maximum charges for
the use, maintenance, and repair of air conditioners used by individual
residents, except for those air conditioners paid for through the EnAble
program, to ensure that charges for the use, maintenance, and repair of
such air conditions are not unreasonable or excessive. That program bars
the operator from charging for the use, repair or maintenance of the
units.

Section 2: Sets forth the effective date.

 
JUSTIFICATION:

Most residents in adult homes, enriched housing programs or residences
for adults have very meager allowances for personal items for their own
comfort. During the summer, in very hot, stuffy rooms, these residents
can often fall ill from the heat if they do not have air conditioning.
Many take medications which exacerbate the effects of the heat, making
the need for air conditioning a medical issue.

The State, with some extra incentives, has encouraged the adult homes to
purchase air conditioners, but some of them have charged residents exor-
bitant fees for running the air conditioners even after they get them.
This bill would direct the Commissioner of Health to set maximum charg-
es, taking into consideration the price of electricity, while preventing
the cost from making it impossible for residents to use the air condi-
tioners.

The amended version of this bill clarifies, but does not alter the
intent of this bill.

 
PRIOR LEGISLATIVE HISTORY:

2017: S4920 - Referred to Health/No Same As
2016: S351 - Referred to Health/No Same As
2015: S351 - Referred to Health/No Same As
2014: S5607A - Amend and Recommit to Health/A4306 - Amended on Third
Reading
2013: S5607 - Referred to Health Committee/A4306 - Passed Assembly
2012: S403A - Referred to Rules/A315A - Passed Assembly
2011: S403 - Committee Discharged and Committed to Consumer
Protection/A315 - Passed Assembly
2010: S6932A - Third Reading Calendar/A5681A - Passed Assembly
2009: S6932 - Referred to Rules/A5681 - Passed Assembly

 
FISCAL IMPLICATIONS:

None to the State.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth (90) day after it shall have
become law.

2017-S7225 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7225
 
                             I N  S E N A T E
 
                              January 4, 2018
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law, in relation to  establishing  a
   fee  schedule  for the use, maintenance and repair of air conditioners
   in adult homes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  461-q  of  the  social services law, as added by
 section 46 of part B of chapter 58 of the laws of 2004,  is  amended  to
 read as follows:
   §  461-q.  Temperature  standards  in  adult  homes,  enriched housing
 programs and residences for adults.  1. The commissioner of health shall
 promulgate rules and regulations with respect to  an  allowable  temper-
 ature  in  all  areas  occupied  by residents of an adult home, enriched
 housing program and residence for adults, including any  areas  intended
 for  use by its residents in common including auditoriums, meeting rooms
 and cafeterias.  One common room in such adult  home,  enriched  housing
 program  and  residence  for  adults  shall be required to be air condi-
 tioned.
   2. THE COMMISSIONER OF HEALTH IS HEREBY  AUTHORIZED  AND  DIRECTED  TO
 ESTABLISH A SCHEDULE OF REASONABLE MAXIMUM ALLOWABLE CHARGES THAT MAY BE
 ASSESSED  BY  ADULT HOMES, ENRICHED HOUSING PROGRAMS, AND RESIDENCES FOR
 ADULTS TO RESIDENTS FOR THE USE, MAINTENANCE, AND REPAIR OF THE INDIVID-
 UAL AIR CONDITIONERS IN THE RESIDENTS' PRIVATE LIVING QUARTERS, PROVIDED
 THAT THE AIR CONDITIONERS WERE NOT ACQUIRED THROUGH THE ENHANCING ABILI-
 TIES AND LIFE EXPERIENCE (ENABLE) PROGRAM. ADULT HOMES, ENRICHED HOUSING
 PROGRAMS, AND RESIDENCES FOR ADULTS THAT ELECT TO CHARGE  RESIDENTS  WHO
 OPERATE  INDIVIDUAL  AIR  CONDITIONERS  IN THEIR PRIVATE LIVING QUARTERS
 MUST ADHERE TO SUCH SCHEDULE OF REASONABLE MAXIMUM ALLOWABLE CHARGES. IN
 DETERMINING THE REASONABLE MAXIMUM ALLOWABLE CHARGES FOR THE USE,  MAIN-
 TENANCE, AND REPAIR OF THE INDIVIDUAL AIR CONDITIONERS, THE COMMISSIONER
 OF  HEALTH  SHALL  CONSIDER  THE  VARIABLE NATURE OF THE MARKET PRICE OF
 ENERGY AND SHALL ANNUALLY ADJUST SUCH SCHEDULE OF  APPLICABLE  COSTS  TO
 ACCOUNT  FOR  SUCH  VARIABILITY  AND FOR ANNUAL INFLATION, AS DETERMINED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07279-01-7

 S. 7225                             2
 
 FROM THE INCREASE IN THE CONSUMER PRICE INDEX AS REPORTED BY THE  BUREAU
 OF LABOR STATISTICS OF THE UNITED STATES DEPARTMENT OF LABOR.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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