Assembly Bill A395A

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

                                 395--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. DINOWITZ, JAFFEE, MILLMAN, BENEDETTO, BOYLAND,
  GUNTHER, LUPARDO, COOK, MARKEY, N. RIVERA,  GOTTFRIED  --  Multi-Spon-
  sored  by  -- M.  of A. CRESPO, DESTITO, GLICK, MAGEE, McENENY, McKEV-
  ITT, PHEFFER, ROBINSON, WRIGHT  --  read  once  and  referred  to  the
  Committee  on  Aging  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the elder law, in relation to matching funds for  grants
  under  the naturally occurring retirement community supportive service
  program

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

  Section  1. Paragraph (k) of subdivision 4 of section 209 of the elder
law, as separately amended by section 41 of part A  of  chapter  58  and
chapter 410 of the laws of 2010, is amended to read as follows:
  (k)  a  requirement  that any aid provided pursuant to this section be
matched by an equal amount, in-kind support  of  equal  value,  or  some
combination  thereof  from  other  sources,  provided  that such in-kind
support to be utilized only upon approval from the director and only  to
the  extent  matching funds are not available, and that at least twenty-
five percent of such amount be contributed by  the  housing  development
governing  body  or other owners or managers and residents of the apart-
ment buildings and housing complexes in which the project  is  proposed,
OR,  UPON  APPROVAL BY THE DIRECTOR, SOURCES IN NEIGHBORHOODS CONTIGUOUS
TO THE BOUNDARIES OF THE GEOGRAPHIC AREAS SERVED WHERE SERVICES MAY ALSO
BE PROVIDED PURSUANT TO SUBDIVISION SIX OF THIS SECTION; and
  S 2. Subparagraph 6 of paragraph (c) of subdivision 5-a of section 209
of the elder law, as separately amended by section 41 of part A of chap-
ter 58 and chapter 410 of the laws  of  2010,  is  amended  to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04186-02-1
              

A. 395--A                           2

  (6) a requirement that the applicant commit to raising matching funds,
in-kind  support,  or  some  combination thereof from non-state sources,
provided that such in-kind support be utilized only upon  approval  from
the  director  and  only to the extent matching funds are not available,
equal to fifteen percent of the state grant in the second year after the
program  is  approved,  twenty-five  percent  in  the  third year, forty
percent in the fourth year, and fifty percent in  the  fifth  year,  and
further  commit  that in each year, twenty-five percent of such required
matching funds, in-kind support, or combination thereof be raised within
the community served AND, UPON APPROVAL BY THE  DIRECTOR,  IN  NEIGHBOR-
HOODS  CONTIGUOUS TO THE BOUNDARIES OF THE GEOGRAPHIC AREAS SERVED WHERE
SERVICES MAY ALSO BE  PROVIDED  PURSUANT  TO  SUBDIVISION  SIX  OF  THIS
SECTION.    Such  local  community  matching  funds, in-kind support, or
combination thereof shall include but not be limited to:  dues, fees for
service, individual and community contributions, and such other funds as
the advisory committee and the director shall deem appropriate;
  S 3.  Subdivision 6 of section 209 of the elder  law,  as  amended  by
section  41  of  part A of chapter 58 of the laws of 2010, is amended to
read as follows:
  6. The director may allow services provided by a  naturally  occurring
retirement  community  supportive  service  program or by a neighborhood
naturally occurring retirement community to  also  include  services  to
residents  who live in neighborhoods contiguous to the boundaries of the
geographic area served by such programs if: (a) the persons  served  are
older  adults;  (b)  the  services affect the health and welfare of such
persons; and (c) the services are provided on a one-time  basis  in  the
year  in  which  they are provided, and not in a manner which is said or
intended to  be  continuous.  The  director  may  also  consent  to  the
provision of such services by such program if the program has received a
grant which requires services to be provided beyond the geographic boun-
daries  of  the  program.  The director shall establish procedures under
which a program may request the ability to provide such services.    THE
PROVISION  OF SUCH SERVICES SHALL NOT AFFECT THE FUNDING PROVIDED TO THE
PROGRAM BY THE DEPARTMENT PURSUANT TO THIS SECTION.
  S 4. This act shall take effect immediately.