senate Bill S4412

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to social services
Apr 04, 2011 referred to social services

S4412 - Bill Details

Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §461-q, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:
S3801

S4412 - Bill Texts

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

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BILL NUMBER:S4412

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:

This bill amends §461-q of the Social Services Law to authorize and
direct the Commissioner of Health to establish fees for the use,
maintenance and repair of air conditioners used by individual
residents except for those air conditioners paid for through the
EnAble program. That program bars the operator from charging for the
use, repair or maintenance of the units.

JUSTIFICATION:

Most residents in adult homes have very meager allowances for personal
items for their own comfort. In 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
exorbitant fees for running the air conditioners even after they get
them. This bill would direct the commissioner of health to set
reasonable fees, taking into consideration the price of electricity,
while preventing such outrageous fees making it impossible for
residents to use the air conditioners.

PRIOR LEGISLATIVE HISTORY:

2009: S.3801 Social Services Cmte.; Discharged and Committed
to Health Cmte.
2010: S.3801 Health Cmte.
2007-08: Senate Rules Committee/Passed Assembly

FISCAL IMPLICATIONS:

None to state or local government.

EFFECTIVE DATE:

Immediately.

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

                                  4412

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

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:
  S  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 FEES FOR THE USE, MAINTENANCE AND REPAIR OF AIR
CONDITIONERS USED BY RESIDENTS OF ADULT HOMES, ENRICHED HOUSING PROGRAMS
AND RESIDENCES FOR ADULTS PROVIDED BY ANY MEANS OTHER THAN  THROUGH  THE
ENHANCING  ABILITIES AND LIFE EXPERIENCE (ENABLE) PROGRAM.  IN DETERMIN-
ING THE AMOUNT OF SUCH FEES, THE COMMISSIONER OF HEALTH  SHALL  CONSIDER
THE  VARIABLE  NATURE  OF  THE MARKET PRICE OF ENERGY AND SHALL ANNUALLY
ADJUST SUCH SCHEDULE OF FEES TO ACCOUNT FOR  SUCH  VARIABILITY  AND  FOR
INFLATION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10604-01-1

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