senate Bill S6203

2013-2014 Legislative Session

Establishes the capital infrastructure improvement and development for older New Yorkers grant program

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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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Jan 08, 2014 referred to aging

S6203 - Bill Details

See Assembly Version of this Bill:
A348
Current Committee:
Law Section:
Elder Law
Laws Affected:
Add Art 2 Title 4 §260, Eld L; amd §1680-j, Pub Auth L
Versions Introduced in 2011-2012 Legislative Session:
A7787, S5174

S6203 - Bill Texts

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Establishes the capital infrastructure improvement and development for older New Yorkers grant program.

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BILL NUMBER:S6203

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL:

To create the Capital infrastructure improvement and development for
older New Yorkers (CIID NY) grant program which would administer
available funds to encourage improvements in the operation and
efficiency of the aging service provider network in New York State.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends article 2 of the elder law by adding a new title,
title 4.

Section 2 amends the opening paragraph of section 1680-j of the public
authorities law.

Section 3 sets the effective date..

JUSTIFICATION:

As the population of older New Yorkers continues to escalate, it is
crucial that the state provide support to services offered by
community-based aging network providers. Senior centers, Naturally
Occurring Retirement Communities (NORCs), respite service providers
and nutrition services providers, amongst others, offer critical
assistance in the effort to help older adults successfully age in
place in the living environments of their choice. In an effort to
enable seniors to remain as independent as possible for as long as
possible in their own homes and communities through the provision of
home and community-based services, this bill creates the Capital
infrastructure improvement and development for older New Yorkers

(CIID NY) grant program administered by the state office for the
aging. The primary goal of CIID NY is to improve the community-based
continuum of services that utilizes meals delivery, social adult day
services, case management, senior centers, transportation, and other
non-medical services to manage the needs of older New Yorkers.

PRIOR LEGISLATIVE HISTORY:

2011-12- A.7787 - Referred to Aging/S.5174 - Referred to Finance

FISCAL IMPLICATIONS:

No additional cost to the state. This program relies on funding
already authorized under the public authorities law for the issuance
of bonds for the health care efficiency and affordability law for New
Yorkers (HEAL NY) capital grant program.

EFFECTIVE DATE:


Immediately.

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

                                  6203

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee 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 (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 EFFICIENCY
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;
  (II) A CONSIDERATION OF STATEWIDE GEOGRAPHIC DISTRIBUTION OF FUNDS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01556-01-3

S. 6203                             2

  (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  FOR  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  SERVICES 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.

S. 6203                             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

S. 6203                             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.

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