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

                                  7787

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Aging

AN  ACT  to  amend  the  elder  law  and  the public authorities law, in
  relation to establishing the capital  infrastructure  improvement  and
  development for older New Yorkers grant program

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

  Section 1. Article 2 of the elder law is amended by adding a new title
4 to read as follows:
                                 TITLE 4
      CAPITAL INFRASTRUCTURE IMPROVEMENT AND DEVELOPMENT FOR OLDER
                        NEW YORKERS GRANT PROGRAM
SECTION 260. CAPITAL  INFRASTRUCTURE  IMPROVEMENT  AND  DEVELOPMENT  FOR
               OLDER NEW YORKERS (CIID NY) GRANT PROGRAM.
  S  260.  CAPITAL  INFRASTRUCTURE IMPROVEMENT AND DEVELOPMENT FOR OLDER
NEW YORKERS (CIID NY) GRANT PROGRAM. 1. (A) THE DIRECTOR  OF  THE  STATE
OFFICE  FOR THE AGING AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK SHALL ENTER INTO AN AGREEMENT, SUBJECT TO THE APPROVAL
OF THE DIRECTOR OF THE BUDGET, FOR  THE  PURPOSE  OF  ADMINISTERING  THE
FUNDS  AVAILABLE  TO THE CAPITAL INFRASTRUCTURE IMPROVEMENT AND DEVELOP-
MENT FOR OLDER NEW YORKERS PROGRAM (CIID NY) GRANT PROGRAM AS AUTHORIZED
UNDER SECTION SIXTEEN HUNDRED EIGHTY-J OF THE PUBLIC AUTHORITIES LAW, IN
A MANNER THAT WILL ENCOURAGE IMPROVEMENTS IN THE OPERATION AND EFFICIEN-
CY OF THE AGING SERVICE PROVIDER NETWORK WITHIN THE STATE.
  SUCH AGREEMENT SHALL INCLUDE CRITERIA, TO BE DEVELOPED BY THE DIRECTOR
AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, TO
BE CONSIDERED IN THEIR EVALUATION OF APPLICATIONS AND  DETERMINATION  OF
AWARDS, INCLUDING, BUT NOT LIMITED TO:
  (I)  A DETERMINATION OF ELIGIBLE APPLICANTS, PROVIDED THAT SUCH ELIGI-
BLE APPLICANTS SHALL INCLUDE ENTITIES REPRESENTATIVE OF ANY PART OF  THE
AGING SERVICE PROVIDER NETWORK;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11375-01-1
              

A. 7787                             2

  (II) A CONSIDERATION OF STATEWIDE GEOGRAPHIC DISTRIBUTION OF FUNDS;
  (III)  MINIMUM  AND MAXIMUM AMOUNTS OF FUNDING TO BE AWARDED UNDER THE
PROGRAM;
  (IV) THE RELATIONSHIP BETWEEN THE PROJECT PROPOSED BY AN APPLICANT AND
IDENTIFIED COMMUNITY NEED; AND
  (V) THE EXTENT TO  WHICH  THE  APPLICANT  HAS  ACCESS  TO  ALTERNATIVE
FINANCING.
  A  COPY  OF  SUCH  AGREEMENT,  AND  ANY  AMENDMENTS  THERETO, SHALL BE
PROVIDED TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  DIRECTOR  OF
THE  DIVISION  OF  BUDGET  AND  THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE NO LATER THAN THIRTY DAYS PRIOR TO THE SCHEDULED  APPROVAL  OF
THE  FIRST  BOND  ISSUANCE  FOR  THE  PROGRAM  BY THE PUBLIC AUTHORITIES
CONTROL BOARD. THE DORMITORY AUTHORITY OF THE STATE OF  NEW  YORK  SHALL
ALSO  REPORT  QUARTERLY  TO SUCH CHAIRPERSONS ON THE AWARDS MADE THROUGH
THE PROGRAM, INCLUDING THE NAME OF THE APPLICANT, A DESCRIPTION  OF  THE
PROJECT AND THE AMOUNT OF THE AWARD.
  (B)  THE  DIRECTOR  AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK SHALL AWARD GRANTS TO ELIGIBLE  APPLICANTS  AFTER  DUE
PUBLIC  NOTICE  OF THE AVAILABILITY OF FUNDS AND THROUGH A PROCESS WHICH
ENSURES TO THE MAXIMUM EXTENT PRACTICABLE AND WHERE APPROPRIATE,  COMPE-
TITION AMONG SUCH APPLICANTS.
  (C)  THE  DIRECTOR  AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK SHALL PUBLISH THE PRIORITIES AND GOALS THAT ARE TO  BE
ACHIEVED  THROUGH  GRANT FUNDING, AND REGULARLY PROVIDE PUBLIC NOTICE OF
THE AVAILABILITY OF FUNDING.
  (D) FOR EACH PROJECT THAT WILL BE RECOMMENDED FOR APPROVAL, THE DIREC-
TOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK
SHALL REPORT TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  DIRECTOR
OF  THE  DIVISION OF BUDGET AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE HOW THE PROJECT  MEETS  THE  PRIORITIES,  GOALS  AND  CRITERIA
ESTABLISHED PURSUANT TO THIS SECTION.
  2.  CONTRACTS  AWARDED  TO ELIGIBLE APPLICANTS SHALL REQUIRE THAT WORK
PERFORMED THEREUNDER SHALL BE DEEMED "PUBLIC WORK" AND  SUBJECT  TO  AND
PERFORMED  IN  ACCORDANCE WITH ARTICLES EIGHT, NINE AND TEN OF THE LABOR
LAW AND THE CONTRACTORS PERFORMING SUCH WORK SHALL BE  DEEMED  A  "STATE
AGENCY"  FOR  THE  PURPOSE OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND
SUBJECT TO THE PROVISIONS OF SUCH ARTICLE.
  3. (A) NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  THE  DIRECTOR  AND THE DIRECTOR OF THE DORMITORY AUTHORITY MAY
AWARD, IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE  PERCENT  OF  THE  CAPITAL
INFRASTRUCTURE  IMPROVEMENT  AND DEVELOPMENT FOR OLDER NEW YORKERS GRANT
PROGRAM ALLOCATION IN ANY GIVEN FISCAL YEAR, GRANTS TO  ELIGIBLE  APPLI-
CANTS  WITHOUT THE PROCESS SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
WITH RESPECT TO THE PROCESS FOR THE AWARDING OF SUCH FUNDS  WITHOUT  THE
PROCESS  SET  FORTH IN SUBDIVISION ONE OF THIS SECTION, THE DIRECTOR AND
THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW  YORK  SHALL
DETERMINE  ELIGIBLE  AWARDEES BASED ON WHETHER THE DIRECTOR IS SATISFIED
THAT SUCH AWARDEE IS AN AGING NETWORK  SERVICE  PROVIDER  THAT  DELIVERS
SERVICES  SUPPORTED  BY  THE  STATE  OFFICE  OF  THE AGING AND LOCAL AAA
NETWORKS IN COMPLIANCE WITH ALL RULES AND REGULATIONS  TO  ASSIST  OLDER
NEW  YORKERS  TO LIVE INDEPENDENTLY. THESE FUNDS WILL ENSURE THE QUALITY
OF COMMUNITY BASED SERVICE PROVIDED THROUGH  THE  AGING  NETWORK  REMAIN
ACCESSIBLE  TO  OLDER NEW YORKERS, INCLUDING BUT NOT LIMITED TO SERVICES
PROVIDED IN SENIOR  CENTERS,  RESPITE  SITES,  NORC  SUPPORTED  SERVICE,
SOCIAL  ADULT  DAY  PROGRAMS  SERVICES,  AND OTHERS AS DETERMINED BY THE
DIRECTOR.

A. 7787                             3

  (B) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, SECTIONS
ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW,
OR ANY OTHER INCONSISTENT PROVISION OF LAW, OF THE FUNDS  AVAILABLE  FOR
EXPENDITURE  PURSUANT  TO  THIS  SECTION,  THIRTY MILLION DOLLARS MAY BE
ALLOCATED  AND  DISTRIBUTED  BY  THE  DIRECTOR  WITHOUT A COMPETITIVE OR
REQUEST FOR PROPOSAL PROCESS FOR GRANTS TO AGING NETWORK  PROVIDERS  FOR
THE  PURPOSE OF FUNDING INFRASTRUCTURE DEVELOPMENT AND IMPROVEMENTS THAT
WILL ENSURE THE AGING SERVICE PROVIDER NETWORK'S CAPACITY TO CONTINUE TO
SERVE OLDER NEW YORKERS. CONSIDERATION RELIED UPON BY  THE  DIRECTOR  IN
DETERMINING  THE  ALLOCATION  AND  DISTRIBUTION  OF  THESE  FUNDS  SHALL
INCLUDE, BUT NOT BE LIMITED  TO,  THE  FOLLOWING:  (I)  THE  QUALITY  OF
SERVICE OFFERED BY THE PROVIDER; (II) THE ABILITY OF THE SERVICE PROVID-
ER  TO  ACCESS,  IN  A  TIMELY  MANNER,  ALTERNATIVE SOURCES OF FUNDING,
INCLUDING OTHER SOURCES OF GOVERNMENT FUNDING; AND (III)  WHETHER  ADDI-
TIONAL  FUNDING  WOULD  PERMIT  THE  SERVICE PROVIDER TO ACHIEVE GREATER
STABILITY AND EFFICIENCY IN  THE  DELIVERY  OF  NEEDED  COMMUNITY  BASED
SERVICES.
  (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE DIRECTOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF
NEW  YORK  MAY  AWARD,  IN  AN  AMOUNT NOT TO EXCEED TWENTY-FIVE MILLION
DOLLARS OF THE CAPITAL INFRASTRUCTURE IMPROVEMENT  AND  DEVELOPMENT  FOR
OLDER  NEW  YORKERS  GRANT  PROGRAM  ALLOCATED IN ANY GIVEN FISCAL YEAR,
GRANTS TO ELIGIBLE APPLICANTS WITHOUT THE PROCESS SET FORTH IN  SUBDIVI-
SION  ONE  OF THIS SECTION TO PROVIDE NECESSARY RESTRUCTURING SUPPORT TO
AGING SERVICE PROVIDERS TO SUPPORT INFRASTRUCTURE IMPROVEMENT, TECHNOLO-
GY UPGRADE, NUTRITION SERVICES TO MEET STATE SANITATION  CODES,  SERVICE
DEMAND,  AND  OAA  NUTRITION  STANDARDS,  BUILDING  REPAIRS  AND  DESIGN
IMPROVEMENTS AND RENOVATIONS, OR FOR ANY OTHER  CAPITAL  IMPROVEMENT  AS
APPROVED BY THE DIRECTOR.
  4.  (A) PRIOR TO AN AWARD BEING GRANTED TO AN ELIGIBLE APPLICANT WITH-
OUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, THE DIRECTOR  AND
THE  DIRECTOR  OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL
NOTIFY THE CHAIR OF THE SENATE  FINANCE  COMMITTEE,  THE  CHAIR  OF  THE
ASSEMBLY  WAYS  AND  MEANS COMMITTEE AND THE DIRECTOR OF THE DIVISION OF
BUDGET OF THE INTENT TO GRANT SUCH AN AWARD. SUCH NOTICE  SHALL  INCLUDE
INFORMATION  REGARDING  HOW THE ELIGIBLE APPLICANT MEETS CRITERIA ESTAB-
LISHED PURSUANT TO THIS SECTION.
  (B) WITH RESPECT TO THE PROCESS FOR THE AWARDING OF SUCH FUNDS WITHOUT
THE PROCESS SET FORTH IN SUBDIVISION ONE OF THIS SECTION,  THE  DIRECTOR
AND  DIRECTOR  OF THE DORMITORY AUTHORITY SHALL DETERMINE ELIGIBLE AWAR-
DEES BASED ON WHETHER, TO THE SATISFACTION OF THE  DIRECTOR:    (I)  THE
APPLICANT PROVIDES AN IMPORTANT SERVICE TO OLDER NEW YORKERS IN ALLOWING
THEM TO LIVE INDEPENDENTLY AND AGE IN PLACE; AND (II) THE APPLICANT IS A
PROVIDER  THAT IS IN JEOPARDY OF DISCONTINUATION OF SERVICES BASED ON AN
UNMET NEED FOR INFRASTRUCTURE IMPROVEMENTS, BUILDING REPAIRS, OR  DESIGN
IMPROVEMENTS AND RENOVATIONS.
  (C) PRIOR TO AN AWARD BEING GRANTED TO AN ELIGIBLE APPLICANT WITHOUT A
COMPETITIVE  BID  OR  REQUEST FOR PROPOSAL PROCESS, THE DIRECTOR AND THE
DIRECTOR OF THE DORMITORY AUTHORITY SHALL NOTIFY THE CHAIR OF THE SENATE
FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS  AND  MEANS  COMMITTEE
AND  THE  DIRECTOR  OF  THE BUDGET OF THE INTENT TO GRANT SUCH AN AWARD.
SUCH NOTICE SHALL INCLUDE INFORMATION REGARDING HOW THE ELIGIBLE  APPLI-
CANT MEETS CRITERIA ESTABLISHED PURSUANT TO THIS SECTION.
  5.  (A) NOTWITHSTANDING SUBDIVISION ONE, TWO OR THREE OF THIS SECTION,
THE DIRECTOR, WITH THE APPROVAL OF  THE  DIRECTOR  OF  THE  BUDGET,  MAY
EXPEND  FUNDS  FOR  THE  PURPOSE  OF  PROVIDING COST EFFECTIVE INCREASED

A. 7787                             4

ACCESS TO THE CAPITAL MARKETS, INCLUDING BUT NOT LIMITED TO THROUGH  THE
USE  OF  MORTGAGE INSURANCE, CREDIT ENHANCEMENT, LETTERS OF CREDIT, BOND
INSURANCE OR OTHER ARRANGEMENTS, FOR CAPITAL PROJECTS  THAT  ARE  DETER-
MINED TO MEET THE OBJECTIVES OF THIS SECTION.
  (B)  THE DIRECTOR MAY TRANSFER FUNDS TO OTHER STATE AGENCIES OR PUBLIC
AUTHORITIES, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, TO  EFFEC-
TUATE THE PURPOSES OF THIS SUBDIVISION.
  S 2. The opening paragraph of section 1680-j of the public authorities
law,  as  amended  by  section 54 of part B of chapter 58 of the laws of
2005, is amended to read as follows:
  Notwithstanding any other provision of law to the contrary, the dormi-
tory authority of the state of New York is hereby  authorized  to  issue
bonds  or  notes  in one or more series in an aggregate principal amount
not to exceed seven hundred fifty million dollars excluding bonds issued
to fund one or more debt service reserve funds, to pay costs of issuance
of such bonds, and bonds or notes issued to refund  or  otherwise  repay
such  bonds  or  notes  previously issued, for the purposes of financing
project costs authorized under section twenty-eight hundred eighteen  of
the  public  health  law AND SECTION TWO HUNDRED SIXTY OF THE ELDER LAW.
Of such seven hundred fifty million dollars, ten million  dollars  shall
be made available to the community health centers capital program estab-
lished  pursuant to section twenty-eight hundred seventeen of the public
health law.
  S 3. This act shall take effect immediately.