Assembly Bill A4306A

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

                                 4306--A
                                                        Cal. No. 201

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by  M.  of A. BRENNAN, GOTTFRIED, KAVANAGH, MILLMAN, CAHILL,
  CLARK, DINOWITZ, BROOK-KRASNY, JAFFEE, GUNTHER --  Multi-Sponsored  by
  -- M. of A. BOYLAND, DenDEKKER, JACOBS, MAGEE, PERRY, SWEENEY, WEISEN-
  BERG  --  read once and referred to the Committee on Aging -- advanced
  to a third reading, amended and ordered reprinted, retaining its place
  on the order of third reading

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 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

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

                                                           LBD08212-02-4

A. 4306--A                          2

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