Senate Bill S2004

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

                                  2004

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sens.  GOLDEN,  GRIFFO,  LARKIN, PADAVAN, VOLKER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Aging

AN  ACT to amend the elder law, in relation to establishing the New York
  state community initiatives project; and providing for the  repeal  of
  such provisions upon expiration thereof

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

  Section 1. Legislative findings and  intent.  The  legislature  hereby
finds  and  declares  that because services and programs for seniors are
spread across numerous state programmatic and regulatory  agencies,  and
were  developed at different times and for different purposes, they lack
a coordinated focus and unified strategy  for  service  delivery,  often
requiring  that  communities  and  seniors  meet  strict and/or disjunct
eligibility and programmatic guidelines that may not  address  the  more
significant  needs  of  a  community or of seniors rather than tailoring
programs to meet the needs of those  communities  and  the  seniors  who
reside in them.
  The  legislature  further  finds that the absence of such coordination
and delivery strategy reduces effectiveness of such services and impairs
the ability of many communities and the seniors who reside  in  them  to
fully benefit from services provided, and declares that a more effective
and  efficient use of public monies can result from encouraging communi-
ties to identify needs and develop a strategic  plan  to  address  those
needs  on  a  short-term  and  long-term  basis,  and  then allowing the
provision of services pursuant to the plan with  increased  flexibility,
improved and seamless delivery, and by eliminating barriers to implemen-
tation,  thus  requiring  services  to  be shaped to fit community needs
rather than requiring communities and individuals to meet the guidelines
of programs.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08277-01-9

              

S. 2004                             2

  It is the intent of the legislature by enacting this act to  establish
the  communities  initiative  project,  which  in  every  way  meets and
addresses a public  purpose  by  providing  integrated  and  coordinated
delivery of services that address the needs of seniors in communities as
detailed  and  described  by  such  communities,  in  a manner that will
improve the reach, efficiency, and effectiveness of services provided.
  S 2. The elder law is amended by adding a new section 224 to  read  as
follows:
  S  224.  NEW  YORK  STATE COMMUNITY INITIATIVES PROJECT ACT. 1.  DEFI-
NITIONS. AS USED IN THIS SECTION:
  (A) "ACTION PLAN" MEANS THE STRATEGIC  COMMUNITY  INITIATIVES  PROJECT
ACTION PLAN DESCRIBED IN THIS SECTION.
  (B)  "COMMITTEE"  MEANS  THE STATE COMMUNITY INITIATIVES PROJECT OVER-
SIGHT COMMITTEE ESTABLISHED IN THIS SECTION.
  (C) "COMMUNITY INITIATIVES ADVISORY  COUNCIL"  OR  "COUNCIL"  MEANS  A
GROUP  REPRESENTING, TO THE GREATEST EXTENT POSSIBLE, PROJECT AREA RESI-
DENTS, INCLUDING SENIORS, LOCAL GOVERNMENT, THE  BUSINESS  AND  ECONOMIC
DEVELOPMENT  COMMUNITY,  SERVICE  PROVIDERS,  THE  LEGAL  COMMUNITY, AND
EDUCATIONAL INSTITUTIONS, WHO SHALL BE RESPONSIBLE  FOR  DEVELOPMENT  OF
THE ACTION PLAN.
  (D) "COMMUNITY" MEANS A COUNTY OR A PART OF A COUNTY.
  (E)  "COMMUNITY  INITIATIVES  PROJECT  UNIFIED CONTRACT" OR "CONTRACT"
MEANS THE AGREEMENT FOR A PROJECT BETWEEN THE OFFICE, AS  REPRESENTATIVE
OF  THE  COMMITTEE,  AND  AN  ELIGIBLE  APPLICANT WHOSE PROJECT HAS BEEN
APPROVED.
  (F) "ELIGIBLE APPLICANT" MEANS  A  NOT-FOR-PROFIT  PRIVATE  OR  PUBLIC
AGENCY, A LOCAL GOVERNMENTAL AGENCY, OR A COMBINATION OF SUCH ENTITIES.
  (G) "OFFICE" MEAN THE STATE OFFICE FOR THE AGING.
  (H)  "PROJECT"  MEANS  A  COMMUNITY  INITIATIVES  PROJECT  APPROVED IN
ACCORDANCE WITH THIS ARTICLE.
  (I) "RURAL AREA" HAS THE SAME MEANING AS DEFINED IN SUBDIVISION  SEVEN
OF SECTION FOUR HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW.
  2.  COMMUNITY  INITIATIVES  PROJECT PROGRAM. THE COMMUNITY INITIATIVES
PROJECTS PROGRAM IS HEREBY ESTABLISHED  IN  THE  STATE  OFFICE  FOR  THE
AGING.  A  COMMUNITY  INITIATIVES  PROJECT  ESTABLISHED PURSUANT TO THIS
SECTION SHALL HAVE  AS  ITS  PRIMARY  COMPONENTS  AN  ACTION  PLAN,  THE
CREATION  OF  A  COUNCIL,  AND THE PROVISION OF PROGRAMS AND SERVICES AS
DESCRIBED IN SUBDIVISION THREE OF THIS SECTION.  THE  OFFICE,  WITH  THE
APPROVAL OF THE COMMITTEE, MAY ESTABLISH UP TO TEN COMMUNITY INITIATIVES
PROJECTS  IN  THE FIRST YEAR OF IMPLEMENTATION, AND UP TO TEN ADDITIONAL
SUCH PROJECTS IN EACH SUCCESSIVE ADDITIONAL YEAR, PROVIDED HOWEVER  THAT
NOT  LESS  THAN ONE-THIRD OF SUCH PROJECTS APPROVED IN ANY YEAR SHALL BE
IN RURAL AREAS.
  3. PROGRAMS AND SERVICES.  PROJECTS  SHALL  PROVIDE  FOR  COORDINATED,
ACCESSIBLE  SERVICES,  FLEXIBILITY,  SEAMLESSNESS  IN  THE  DELIVERY  OF
SERVICES INSOFAR AS POSSIBLE, THE REDUCTION OF  BARRIERS  TO  ACCESSING,
IMPLEMENTING,  AND/OR  FINANCING SUCH SERVICES, GREATER EFFECTIVENESS IN
THE DELIVERY OF SUCH SERVICES, AND GREATER NUMBERS OF PERSONS SERVED  OR
OTHER  DELIVERY  IMPROVEMENTS WITHIN A PROJECT AREA. THE TERM "SERVICES"
AS USED IN THIS  SECTION  INCLUDES  BUT  IS  NOT  LIMITED  TO  POLICIES,
PROGRAMS,  LAWS,  REGULATIONS,  OR  OTHER MATTERS FOR AGING INDIVIDUALS,
INCLUDING BUT NOT LIMITED TO, HUMAN SERVICES AND COMMUNITY LIFE;  HEALTH
CARE;  EDUCATION;  BUSINESS, ECONOMIC DEVELOPMENT, AND EMPLOYMENT; AGRI-
CULTURE; ENVIRONMENT, LAND USE, AND NATURAL  RESOURCES;  TRANSPORTATION;
COMMUNITY FACILITIES, HOUSING; AND LOCAL GOVERNMENT SERVICES AND MANAGE-
MENT.

S. 2004                             3

  4.  COMMUNITY  INITIATIVES  PROJECT  ACTION  PLAN.  THE COUNCIL FOR AN
APPROVED PROJECT SHALL DEVELOP A COMMUNITY  INITIATIVES  PROJECT  ACTION
PLAN,  WHICH  SHALL  INCLUDE THE COUNCIL'S ASSESSMENT OF THE COMMUNITY'S
REQUIREMENTS FOR ADDRESSING THE NEEDS OF SENIORS, WHICH SHALL INCLUDE  A
DESCRIPTION  OF  THE  ACTIONS AND RESOURCES NECESSARY TO MEET SUCH NEEDS
IMMEDIATELY AND OVER A FIVE  YEAR  PERIOD.  THE  ACTION  PLAN  SHALL  BE
SUBMITTED TO THE COMMITTEE FOR REVIEW AND APPROVAL.
  5. APPLICATION FOR FUNDING. A REQUEST FOR PROPOSALS SHALL BE ISSUED BY
THE  OFFICE  ON  BEHALF OF THE COMMITTEE. ELIGIBLE APPLICANTS MAY SUBMIT
PROJECT APPLICATIONS TO THE OFFICE, WHICH SHALL RECEIVE ALL SUCH  APPLI-
CATIONS  ON  BEHALF OF THE COMMITTEE, AND SHALL FORWARD ALL APPLICATIONS
TO THE COMMITTEE FOR REVIEW AND APPROVAL. EACH APPLICATION  FOR  FUNDING
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  IF  THE  PROJECT  AREA  IS  NOT  A  COUNTY,  A DESCRIPTION OF THE
GEOGRAPHIC BOUNDARIES AND DEMOGRAPHIC CHARACTERISTICS  OF  THE  AREA  IN
WHICH  THE PROPOSED PROJECT SERVICES WILL BE TARGETED AND AN EXPLANATION
OF WHY THAT COMMUNITY WAS SELECTED;
  (B) A DESCRIPTION OF SERVICES THAT  CURRENTLY  EXIST  IN  THE  PROJECT
AREA,  GAPS IN OR BARRIERS TO SUCH SERVICES, INCLUDING IDENTIFICATION OF
KNOWN STATUTORY OR REGULATORY BARRIERS, AND RESOURCES  AVAILABLE  WITHIN
THE COMMUNITY TO SUPPORT SUCH SERVICES;
  (C)  A DESCRIPTION OF HOW EXISTING SERVICES WILL BE MADE MORE ACCESSI-
BLE TO RESIDENTS OF THE PROJECT AREA, WHETHER EXISTING SERVICES WILL  BE
EXPANDED,  WHAT  NEW  SERVICES  WILL  BE  PROVIDED, HOW NEW AND EXISTING
SERVICES WILL BE COORDINATED, AND WHAT LINKS WILL BE  ESTABLISHED  AMONG
THE PROVIDERS OF SERVICES IN THE COMMUNITY;
  (D)  A  STATEMENT OF THE PROJECT'S GOALS AND OBJECTIVES, INCLUDING THE
INTENDED OUTCOME FOR EACH SERVICE OR ACTIVITY CONTAINED  IN  THE  ACTION
PLAN.  SUCH OUTCOMES MAY INCLUDE, BUT NEED NOT BE LIMITED TO, MEASURABLE
FACTORS RELATING TO EMPLOYMENT, HEALTH, EDUCATION,  MENTAL  HEALTH,  AND
OTHER SUCH SERVICES;
  (E)  A  DESCRIPTION OF THE PROCESS AND CRITERIA USED TO SELECT MEMBERS
OF THE COUNCIL;
  (F) A DESCRIPTION OF THE METHOD  USED  TO  DEVELOP  THE  ACTION  PLAN,
INCLUDING  THE MEANS OF ENGAGING PROJECT AREA SENIOR RESIDENTS IN DEVEL-
OPING SUCH ACTION PLAN; AND
  (G) A DESCRIPTION OF THE PROJECT AREA COMMUNITY'S INVOLVEMENT  IN  THE
DEVELOPMENT  OF  THE  APPLICATION  INCLUDING  THE INVOLVEMENT OF PUBLIC,
PRIVATE, AND NOT-FOR-PROFIT AGENCIES, BUSINESSES AND OTHER ORGANIZATIONS
AND ENTITIES, AND COMMUNITY RESIDENTS, AND  THE  METHODS  BY  WHICH  THE
APPLICANT WILL ASSURE CONTINUED COMMUNITY INVOLVEMENT IN THE DELIVERY OF
SERVICES AND LONG RANGE PLANNING EFFORTS.
  6.  STATE COMMUNITY INITIATIVES OVERSIGHT COMMITTEE. A STATE COMMUNITY
INITIATIVES OVERSIGHT COMMITTEE SHALL BE ESTABLISHED TO  OVERSEE  IMPLE-
MENTATION  OF THE PROVISIONS OF THIS ARTICLE AND SHALL CONSIST OF REPRE-
SENTATIVES OF THE COMMISSIONERS OR DIRECTORS OF THE  FOLLOWING  AGENCIES
OR  THEIR  DESIGNEES,  WITH THE DIRECTOR OF THE OFFICE SERVING AS CHAIR-
PERSON: THE DEPARTMENT OF AGRICULTURE AND MARKETS; THE OFFICE  OF  ALCO-
HOLISM  AND  SUBSTANCE  ABUSE SERVICES; THE STATE ADVOCATE FOR THE DISA-
BLED; THE OFFICE OF CHILDREN AND FAMILIES SERVICES; THE CITY  UNIVERSITY
OF  NEW  YORK;  THE  DIVISION  OF THE BUDGET; THE DEPARTMENT OF ECONOMIC
DEVELOPMENT; THE DEPARTMENT OF EDUCATION; THE EMPIRE  STATE  DEVELOPMENT
CORPORATION; THE DEPARTMENT OF HEALTH; THE OFFICE OF TEMPORARY AND DISA-
BILITY  ASSISTANCE;  THE  OFFICE  OF  HOUSING AND COMMUNITY RENEWAL; THE
DEPARTMENT OF LABOR; THE OFFICE OF MENTAL HEALTH; THE OFFICE  OF  MENTAL
RETARDATION  AND DEVELOPMENTAL DISABILITIES; THE OFFICE OF PARKS, RECRE-

S. 2004                             4

ATION AND HISTORIC PRESERVATION; THE STATE UNIVERSITY OF NEW  YORK;  THE
DIVISION OF STATE POLICE; THE DIVISION OF CRIMINAL JUSTICE SERVICES; AND
THE  DEPARTMENT OF STATE. THE COMMITTEE SHALL HAVE THE FOLLOWING POWERS,
DUTIES AND RESPONSIBILITIES:
  (A)  CRITERIA FOR APPROVAL OF PROJECTS. THE COMMITTEE SHALL REVIEW AND
APPROVE PROJECT APPLICATIONS USING THE FOLLOWING CRITERIA:
  (I) THE FEASIBILITY OF THE PROJECT;
  (II) THE  AMOUNT  OF  DEMONSTRATED  COMMITMENT  AND  SUPPORT  FOR  THE
PROJECT,  INCLUDING  PLEDGES  OF  FINANCIAL  SUPPORT, EXPRESSED BY LOCAL
GOVERNMENT  AGENCIES,  COMMUNITY  RESIDENTS  AND  LEADERS,   APPROPRIATE
SERVICE PROVIDERS, AND PRIVATE SUPPORTERS;
  (III) THE ANTICIPATED EFFECTIVENESS OF THE PROJECT AS EVIDENCED BY THE
EXISTENCE OF OTHER AVAILABLE RESOURCES, INCLUDING EXISTING LINKS BETWEEN
PUBLIC  AND/OR  PRIVATE AGENCIES THAT FOCUS ON THE PROVISION OF SERVICES
IN HIGH-NEED GEOGRAPHIC AREAS OF POPULATIONS;
  (IV) MAXIMIZATION OF USE OF EXISTING RESOURCES, SERVICES, AND FUNDS TO
SUPPORT PROJECTS AND A DEMONSTRATION THAT THE PURPOSES AND OBJECTIVES OF
THIS ARTICLE WILL BE ACCOMPLISHED EFFECTIVELY;
  (V) THE ABILITY OF THE APPLICANT TO UNDERTAKE AND COMPLETE  A  COMPRE-
HENSIVE PROJECT PURSUANT TO THE ACTION PLAN; AND
  (VI) THE ABILITY OF THE APPLICANT TO PROVIDE THE NECESSARY DATA FOR AN
EFFECTIVE EVALUATION OF THE PROJECT.
  (B) TECHNICAL ASSISTANCE. MEMBERS OF THE COMMITTEE SHALL PROVIDE TECH-
NICAL  ASSISTANCE  TO  APPROVED  PROJECTS, INCLUDING, BUT NOT LIMITED TO
PROVIDING AND ANALYZING DATA; ASSISTANCE IN STRENGTHENING  THE  PROGRAM-
MATIC  AND  ADMINISTRATIVE VIABILITY OF APPROVED PROJECTS; ASSISTANCE IN
STRENGTHENING ACTION PLANS; IDENTIFYING FEDERAL, STATE AND LOCAL  FUNDS,
AND RESOURCES FROM ANY OTHER SOURCES AVAILABLE TO SUPPORT SUCH PROJECTS;
AND DEVELOPING LOCAL EVALUATION SYSTEMS.
  (C) ON THE BASIS OF INFORMATION SUBMITTED IN APPROVED APPLICATIONS AND
IN THE ACTION PLAN, THE COMMITTEE SHALL:
  (I)  ASSIST  IN IDENTIFYING AND OBTAINING RESOURCES AND FUNDING NECES-
SARY FOR THE IMPLEMENTATION OF THE ACTION PLAN, AND MAKE RECOMMENDATIONS
AS APPROPRIATE AND NECESSARY IN ACCORDANCE WITH ARTICLE VII OF THE STATE
CONSTITUTION;
  (II) IDENTIFY AND REQUEST THE APPROPRIATE MEMBER  OR  MEMBERS  OF  THE
COMMITTEE TO WAIVE REGULATIONS OR PROCEDURES THAT ACT AS BARRIERS TO THE
EFFECTIVE  IMPLEMENTATION  OF THE ACTION PLAN, AS LONG AS SUCH WAIVER IS
CONSISTENT WITH THE NEEDS AND REQUIREMENTS OF AN APPROVED PROJECT ACTION
PLAN, THE POWERS GRANTED BY THIS SECTION, AND  THE  LIMITATIONS  ON  ANY
SUCH WAIVER ESTABLISHED IN THIS SECTION;
  (III) IDENTIFY ANY SPECIFIC STATUTORY REQUIREMENTS THAT MAY IMPEDE THE
SUCCESSFUL  IMPLEMENTATION  OF  SUCH PROJECTS AND SUBMIT REQUESTS TO THE
LEGISLATURE IN ACCORDANCE WITH ARTICLE VII OF THE STATE CONSTITUTION FOR
SPECIFIC LEGISLATIVE ENACTMENTS NECESSARY TO  REMOVE  SUCH  IMPEDIMENTS;
AND
  (IV)  PROVIDE  ASSISTANCE  NEEDED FOR SUCCESSFUL IMPLEMENTATION OF THE
ACTION PLAN.
  (D)  ONGOING  RESPONSIBILITIES.  THE  COMMITTEE  SHALL  MONITOR   EACH
APPROVED PROJECT TO ENSURE THAT SERVICES ARE PROVIDED IN ACCORDANCE WITH
THIS ARTICLE AND THAT FUNDS ARE USED IN ACCORDANCE WITH APPLICABLE STATE
AND  FEDERAL  LAW  AND REGULATIONS, AND SHALL REQUIRE SUCH REPORTS AS IT
SHALL DEEM NECESSARY FROM ANY PROJECT.
  (E) AUTHORITY FOR WAIVER. ANY OTHER PROVISION OF ANY OTHER LAW TO  THE
CONTRARY  NOTWITHSTANDING,  FOR  THE  PURPOSE  OF  PROMOTING  INNOVATIVE
APPROACHES AND MAXIMIZE EFFECTIVE  USE  OF  FEDERAL,  STATE,  AND  LOCAL

S. 2004                             5

MONIES,  THE  COMMISSIONER  OR  DIRECTOR  OF ANY STATE AGENCY WHICH IS A
MEMBER OF THE COMMITTEE MAY WAIVE, SUBJECT TO THE APPROVAL OF THE DIREC-
TOR OF  THE  BUDGET,  FOR  THOSE  PERSONS,  PROVIDERS,  AND  COMMUNITIES
INVOLVED IN A PROJECT, ANY OF SUCH AGENCY'S REGULATORY REQUIREMENTS THAT
MAY  IMPEDE  THE  SUCCESSFUL  IMPLEMENTATION OF A PROJECT, PROVIDED THAT
SUCH WAIVER IS CONSISTENT WITH APPLICABLE STATE AND FEDERAL STATUTES AND
THAT IT WILL NOT IMPAIR THE GENERAL HEALTH  OR  WELFARE  OF  THE  PEOPLE
RECEIVING  SERVICES  UNDER SUCH PROJECT OR OTHERS.  SUCH COMMISSIONER OR
DIRECTOR SHALL BE AUTHORIZED, IN CONSULTATION WITH THE DIRECTOR  OF  THE
BUDGET,  TO  IMPOSE  APPROPRIATE  ALTERNATIVE  STANDARDS IN PLACE OF ANY
WAIVED REQUIREMENTS.
  7. ADDITIONAL RESPONSIBILITIES OF THE  OFFICE.  (A)  UNLESS  OTHERWISE
PRESCRIBED,  THE  OFFICE  OR  ITS DESIGNEES SHALL BE RESPONSIBLE FOR THE
ADMINISTRATION OF THE PROVISIONS OF THIS ARTICLE. IN  CONSULTATION  WITH
THE  COMMITTEE,  THE  OFFICE SHALL DEVELOP AND DISSEMINATE A REQUEST FOR
PROPOSALS ON A STATEWIDE BASIS, PROVIDED HOWEVER THAT DURING  THE  FIRST
YEAR  OF  IMPLEMENTATION,  THE  COMMITTEE  MAY  LIMIT  THE LOCATIONS FOR
DISSEMINATION OF SUCH REQUEST FOR PROPOSALS BASED ON RELEVANT DEMOGRAPH-
IC DATA AND SUCH OTHER FACTORS AS MAY BE DETERMINED  BY  THE  COMMITTEE.
NOT  LESS  THAN  THIRTY DAYS PRIOR TO DISSEMINATION OF SUCH REQUESTS FOR
PROPOSALS IN SUCH STATE FISCAL YEAR, THE OFFICE SHALL NOTIFY THE  TEMPO-
RARY  PRESIDENT  OF  THE  SENATE AND THE SPEAKER OF THE ASSEMBLY OF SUCH
PROPOSED LOCATIONS AND THE CRITERIA FOR SELECTION, IF ANY.
  (B) NOT LESS THAN TEN BUSINESS DAYS PRIOR TO APPROVING AN  APPLICATION
PURSUANT  TO  THE PROVISIONS OF THIS ARTICLE, THE COMMITTEE, THROUGH THE
OFFICE, SHALL NOTIFY THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  THE
SPEAKER OF THE ASSEMBLY OF ITS INTENT TO APPROVE A PROJECT. SUCH NOTIFI-
CATION SHALL IDENTIFY THE RECIPIENT AND STATE THE PROPOSED LOCATION, THE
ESTIMATED PROJECT COST, AND A BRIEF DESCRIPTION OF THE PROJECT.
  (C)  THE  DIRECTOR  AND THE OTHER MEMBERS OF THE COMMITTEE SHALL ENTER
INTO SUCH AGREEMENTS AS SHALL BE NECESSARY TO DELINEATE THEIR RESPECTIVE
ROLES REGARDING THE COOPERATIVE PROVISION OF PROGRAM FUNDING AND TECHNI-
CAL ASSISTANCE, AND THE REVIEW AND MONITORING OF PROJECTS.
  (D) THE OFFICE SHALL PROVIDE ASSISTANCE TO APPROVED PROJECTS TO DEVEL-
OP AN EVALUATION METHODOLOGY APPROPRIATE TO THE GOALS AND OBJECTIVES  OF
THE PROJECTS.
  8.  COMMUNITY  INITIATIVES  PROJECT UNIFIED CONTRACT. THE OFFICE SHALL
ENTER INTO A COMMUNITY INITIATIVES PROJECT UNIFIED  CONTRACT  WITH  EACH
APPLICANT  APPROVED  BY  THE  COMMITTEE. THE PROVISIONS OF SUCH CONTRACT
SHALL INCLUDE, BUT NOT BE LIMITED TO: A DESCRIPTION OF PROJECT  SERVICES
AND  ACTIVITIES,  THE  ACTION  PLAN,  THE  ALLOWABLE  PROJECT COSTS, THE
SPECIFIC SOURCES OF FUNDS THAT WILL SUPPORT THE APPROVED COSTS,  INCLUD-
ING  STATE FUNDS, LOCAL FUNDS, OTHER GOVERNMENTAL FUNDS, AND ALL NONGOV-
ERNMENTAL FUNDS OR REVENUES THAT ARE PROPOSED TO BE USED IN  SUPPORT  OF
ALL  PROJECT  COSTS,  AND THE ALLOCATION OF COSTS BY FUNDING SOURCE. THE
FORM OF THE COMMUNITY INITIATIVES UNIFIED CONTRACT SHALL BE DEVELOPED IN
CONSULTATION WITH THE DIVISION OF THE BUDGET AND THE OFFICE OF AUDIT AND
CONTROL.
  9. INTERCHANGE. ANY OTHER PROVISION OF ANY OTHER LAW TO  THE  CONTRARY
NOTWITHSTANDING, THE COMPTROLLER IS AUTHORIZED PURSUANT TO A CERTIFICATE
OF  ALLOCATION SUBMITTED BY THE DIVISION OF THE BUDGET TO INTERCHANGE OR
TRANSFER FROM APPROPRIATIONS MADE TO THE AGENCIES OF  THE  COMMITTEE  OR
ANY OTHER APPROPRIATION, AS APPROPRIATE, SUCH AMOUNTS AS MAY BE REQUIRED
TO  FULFILL  THE  OBLIGATIONS  OF THE STATE PURSUANT TO COMMUNITY INITI-
ATIVES UNIFIED CONTRACTS TO THE OFFICE FOR PAYMENT OF SUCH  OBLIGATIONS.
THE  DIVISION  OF  THE  BUDGET  SHALL  PROVIDE  THE CHAIRS OF THE SENATE

S. 2004                             6

FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE WITH  COPIES
OF  SUCH  CERTIFICATES AT LEAST FIVE BUSINESS DAYS PRIOR TO SUBMITTAL TO
THE COMPTROLLER AND SHALL ADDITIONALLY PROVIDE QUARTERLY REPORTS OF  ALL
INTERCHANGES AND TRANSFERS WHICH OCCUR PURSUANT TO THIS SUBDIVISION.
  10.  ADDITIONAL  ALLOWABLE  COSTS.  IN  ADDITION  TO COSTS FOR SERVICE
DELIVERY, ADDITIONAL ALLOWABLE COSTS FOR EACH PROJECT SHALL INCLUDE, BUT
NOT BE LIMITED TO COSTS REASONABLY INCURRED FOR:
  (A) PREPARATION OF THE PLAN REQUIRED PURSUANT TO THIS ARTICLE;
  (B) SERVICES AS APPROVED IN THE PROJECT APPLICATION;
  (C) EVALUATION OF THE APPROVED PROJECT;
  (D) ADMINISTRATION, PROVIDED HOWEVER IN EVERY  CASE,  THE  SUPPORT  OF
ADMINISTRATIVE COSTS PURSUANT TO THE CONTRACT SHALL BE NOT MORE THAN THE
MAXIMUM  PERCENTAGE  AUTHORIZED  FOR EACH SOURCE OF FUNDING OR THE TOTAL
MAXIMUM DOLLARS  ALLOWED  FOR  ADMINISTRATIVE  COSTS  FOR  EACH  FUNDING
SOURCE; AND
  (E)  MINOR  RENOVATIONS TO EXISTING STRUCTURES, EXCEPT THAT IN NO CASE
SHALL THE STATE SUPPORT OF SUCH COSTS EXCEED EITHER TWENTY-FIVE  PERCENT
OF  THE PROJECT CONTRACT OR FIFTY PERCENT OF THE TOTAL RENOVATION COSTS,
WHICHEVER IS LESS.
  11. MAINTENANCE OF EFFORT. FUNDING MADE AVAILABLE THROUGH THE CONTRACT
SHALL NOT BE USED TO SUPPLANT LOCAL OR OTHER FUNDS.
  12. EVALUATION. THE COMMITTEE SHALL CONDUCT  TWO  EVALUATIONS  OF  THE
IMPLEMENTATION AND EFFECTIVENESS OF THIS ARTICLE: A COMPILATION OF INDI-
VIDUAL  PROJECT  EVALUATIONS TO BE CONDUCTED IN ACCORDANCE WITH CRITERIA
ESTABLISHED IN THIS ARTICLE; AND A COMPREHENSIVE COMMUNITIES INITIATIVES
EVALUATION.
  (A) INDIVIDUAL PROJECT EVALUATIONS SHALL BE CONDUCTED PURSUANT TO  THE
REQUIREMENTS  OF THIS ARTICLE AND SUBMITTED TO THE COMMITTEE FOR REVIEW.
THE COMMITTEE SHALL FORWARD ITS COMMENTS AND CRITICISMS TO THE  APPROVED
PROJECTS  WITH  RECOMMENDATIONS OF STRATEGIES FOR REMEDIATION OF PROJECT
DEFICIENCIES. FURTHER, THE COMMITTEE SHALL COMPILE THE  EVALUATIONS  AND
THE  REQUIRED  COMMENTS  AND  RECOMMENDATIONS INTO A SINGLE DOCUMENT AND
SHALL SUBMIT SUCH COMPILATION TO THE GOVERNOR  AND  THE  LEGISLATURE  BY
JANUARY  FIRST  OF  THE  THIRD  YEAR  FOLLOWING  IMPLEMENTATION  OF THIS
PROJECT.
  (B) THE COMMITTEE SHALL CAUSE TO BE PREPARED A COMPREHENSIVE COMMUNITY
INITIATIVES PROJECT EVALUATION, WHICH  SHALL  ASSESS  THE  EFFICACY  AND
IMPACT  OF THE UNIFIED CONTRACT, THE AUTHORIZATION RELATING TO WAIVER OF
REGULATIONS, AND THE STATUTORY EXEMPTIONS ON THE  DELIVERY  OF  SERVICES
ENACTED  BY THE LEGISLATURE. IN ADDITION, THE COMMITTEE SHALL ASSESS THE
EXTENT TO WHICH THE INITIATIVE HAS:
  (I) ACCOMPLISHED THE GOALS AND OBJECTIVES;
  (II) IMPROVED THE COORDINATION  OF  PROGRAM  DEVELOPMENT  AND  SERVICE
PROVISION BY THE AGENCIES PARTICIPATING ON THE COMMITTEE; AND
  (III) REDUCED OR ELIMINATED DUPLICATIVE AND CONFLICTING REGULATIONS.
  13.  REPORTS.  (A) THE COMMITTEE SHALL SUBMIT A REPORT TO THE GOVERNOR
AND THE LEGISLATURE ON OR BEFORE THE FIRST DAY OF  MARCH  OF  EACH  YEAR
SUBSEQUENT  TO  A  YEAR  IN  WHICH  FUNDS HAVE BEEN AWARDED TO IMPLEMENT
COMMUNITY INITIATIVES PROJECTS REGARDING THE ACTIVITIES AND  ACTIONS  OF
THE  COMMITTEE, THE CRITERIA USED TO EVALUATE PROJECT GOALS, OBJECTIVES,
AND OUTCOMES, AND BASED ON THESE  FACTORS,  THE  EFFECTIVENESS  OF  SUCH
PROJECTS  IN  REACHING  THE  GOALS  AND  OBJECTIVES  OF  THE  INDIVIDUAL
PROJECTS. THE REPORT SHALL ADDRESS THE APPROPRIATENESS OF CONTINUING THE
PROVISIONS OF THIS SECTION  AND  THE  FEASIBILITY  OF  REPLICATING  SUCH
PROJECTS IN OTHER AREAS OF THE STATE. THE REPORT SHALL INCLUDE RECOMMEN-
DATIONS,  BASED  ON  THE  EXPERIENCE GAINED UNDER THE PROVISIONS OF THIS

S. 2004                             7

ARTICLE, FOR MODIFYING STATEWIDE POLICIES THAT  DIRECT  PUBLICLY  FUNDED
PROGRAMS.
  (B)  THE  COMMITTEE  SHALL ADDITIONALLY SUBMIT TO THE GOVERNOR AND THE
LEGISLATURE AN INTERIM REPORT, WHICH SHALL INCLUDE A COMPILATION OF  THE
GOALS AND OBJECTIVES OF THE APPROVED PROJECTS, AND SHALL SUPPLEMENT SUCH
COMPILATION WITH A STATEMENT OF GOALS AND OBJECTIVES THAT RELATE SPECIF-
ICALLY  TO  THE  STATE'S ROLE IN POLICY DEVELOPMENT, ADMINISTRATION, AND
DELIVERY OF SERVICES TO THE TARGETED COMMUNITIES NOT LATER THAN  JANUARY
FIRST, IN THE THIRD YEAR FOLLOWING IMPLEMENTATION.
  S  3. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law and  shall  expire  and  be
deemed  repealed on the first of April in the sixth year next succeeding
such effective date.