senate Bill S5607A

2013-2014 Legislative Session

Directs the commissioner of health to establish a schedule of reasonable maximum allowable charges 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
Feb 03, 2014 print number 5607a
amend and recommit to health
Jan 08, 2014 referred to health
May 24, 2013 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5607 - Bill Details

See Assembly Version of this Bill:
A4306A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §461-q, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A315A, S403A
2009-2010: A5681A, S6932

S5607 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5607

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:

1. Amends section 461-q of the Social Services Law. Authorizes and
directs the Commissioner of Health to establish fees for the use,
maintenance and repair of air conditioners used by individual
residents in adult homes, enriched housing and other residences for
adults 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

2. Effective Date

EXISTING LAW: Current law requires the Commissioner of Health to
promulgate rules and regulations regarding temperature standards in
adult homes, enriched housing and residences for adults

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: 2013: A4306-Advanced to 3rd Reading
Calendar 2012: S403A-Died in Consumer Protection/A.315A- Passed
Assembly 2011 S403-Committee Discharged and Committed to Consumer
Protection/A315-Passed Assembly

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 90 days after enactment.

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

                                  5607

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 24, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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 FOR THE PURPOSE
OF  ENSURING  THAT  FEES CHARGED FOR THE USE, MAINTENANCE, AND REPAIR OF
SUCH AIR CONDITIONERS ARE NOT UNREASONABLE OR EXCESSIVE. IN  DETERMINING
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 ANNUAL
INFLATION, AS DETERMINED FROM THE INCREASE IN THE CONSUMER  PRICE  INDEX

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08212-01-3

S. 5607                             2

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.

Co-Sponsors

S5607A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4306A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §461-q, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A315A, S403A
2009-2010: A5681A, S6932

S5607A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5607A

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:

1. Amends section 461-q of the Social Services Law. Authorizes and
directs the Commissioner of Health to establish maximum charges for
the use, maintenance and repair of air conditioners used by individual
residents, except for those air conditioners paid for through the
EnAble program, to ensure that charges for the use, maintenance and
repair of such air conditions are not unreasonable or excessive. That
program bars the operator from charging for the use, repair or
maintenance of the units.

2. Effective Date

EXISTING LAW: Current law requires the Commissioner of Health to
promulgate rules and regulations regarding temperature standards in
adult homes, enriched housing and residences for adults.

JUSTIFICATION: Most residents in adult homes, enriched housing
programs or residences for adults 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 maximum
charges, taking into consideration the price of electricity, while
preventing the cost from making it impossible for residents to use the
air conditioners.

The amended version of this bill clarifies, but does not change the
purpose of this bill.

PRIOR LEGISLATIVE HISTORY: 2013: S 5607 Referred to Health Committee/
A.4306- Passed Assembly 2012: S.403A-Amended and Recommitted to
Consumer Protection/A 315A- Passed Assembly 2011 S.403-Committee
Discharged and Committed to Consumer Protection/A.315-Passed Assembly
2010: S.6932-Died on 3'd Rdg Calendar/A.5681A - Passed Assembly

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT: None.

EFFECTIVE DATE: 90 days after enactment.

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

                                 5607--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 24, 2013
                               ___________

Introduced  by  Sens.  DIAZ, SAMPSON, STAVISKY -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  --  recommitted  to  the Committee on Health in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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
OPERATE INDIVIDUAL AIR CONDITIONERS IN  THEIR  PRIVATE  LIVING  QUARTERS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08212-03-4

S. 5607--A                          2

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.

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