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

                                  7247

                            I N  S E N A T E

                             April 11, 2016
                               ___________

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

AN ACT to amend the executive  law,  in  relation  to  establishing  the
  office  of  community  living; and to repeal certain provisions of the
  executive law, the education law and the private housing  finance  law
  relating thereto

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

  Section 1. The executive law is amended by adding a new  article  19-E
to read as follows:
                              ARTICLE 19-E
                       OFFICE OF COMMUNITY LIVING
SECTION 460. PURPOSE.
        461. OFFICE OF COMMUNITY LIVING.
        462. DIRECTOR; GENERAL RESPONSIBILITIES.
        463. ADDITIONAL POWERS OF THE OFFICE OF COMMUNITY LIVING.
        464. MOST INTEGRATED SETTING COORDINATING COUNCIL.
        465. INDEPENDENT LIVING CENTERS.
        466. NEW YORK ACCESS TO HOME PROGRAM.
        467. OTHER RESPONSIBILITIES OF THE OFFICE OF COMMUNITY LIVING.
  S  460. PURPOSE. PERSONS WITH DISABILITIES COMPRISE A MAJOR SEGMENT OF
THE STATE OF NEW  YORK'S  POPULATION  AND  THEIR  PARTICULAR  NEEDS  AND
CONCERNS  MUST  BE  CONSIDERED  AS  AN INTEGRAL PART OF THE PLANNING AND
IMPLEMENTATION OF ALL STATE PROGRAMS AND SERVICES AFFECTING THEIR  LIVES
AND  WELL-BEING. THE OFFICE OF COMMUNITY LIVING SHALL ADVOCATE ON BEHALF
OF PERSONS WITH DISABILITIES AND ASSURE THAT PERSONS  WITH  DISABILITIES
ARE AFFORDED THE OPPORTUNITY TO EXERCISE ALL OF THE RIGHTS AND RESPONSI-
BILITIES  ACCORDED  TO CITIZENS OF THIS STATE, AND WILL PROMOTE AND FUND
SERVICES THAT ASSIST PERSONS WITH DISABILITIES TO LIVE INDEPENDENTLY  IN
THEIR HOME COMMUNITIES.
  S  461. OFFICE OF COMMUNITY LIVING. THERE IS HEREBY ESTABLISHED WITHIN
THE EXECUTIVE DEPARTMENT AN OFFICE OF COMMUNITY LIVING.  THE  OFFICE  OF
COMMUNITY  LIVING  SHALL  ADVISE  AND  ASSIST THE GOVERNOR IN DEVELOPING
POLICIES DESIGNED TO HELP MEET THE NEEDS OF  PERSONS  WITH  DISABILITIES

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

                                                           LBD14204-02-6

S. 7247                             2

AND  TO ENCOURAGE THE FULL PARTICIPATION OF PERSONS WITH DISABILITIES IN
SOCIETY.  THE OFFICE OF COMMUNITY LIVING SHALL BE THE STATE'S  COORDINA-
TOR  FOR  IMPLEMENTATION OF THE AMERICANS WITH DISABILITIES ACT, AND, AS
SUCH,  IS  CHARGED  WITH COORDINATING STATE ACTIVITIES WHICH INSURE THAT
STATE PROGRAMS DO NOT DISCRIMINATE AGAINST AND ARE ACCESSIBLE TO PERSONS
WITH DISABILITIES. THE OFFICE OF COMMUNITY LIVING SHALL ALSO  COORDINATE
THE  STATE'S  EFFORTS  TO  COMPLY WITH THE UNITED STATES SUPREME COURT'S
OLMSTEAD DECISION. IN ITS 1999, OLMSTEAD V. L.C.  DECISION,  THE  UNITED
STATES SUPREME COURT RULED THAT NEW YORK, LIKE ALL STATES, IN ACCORDANCE
WITH  THE  AMERICANS  WITH DISABILITIES ACT (ADA), HAVE AN OBLIGATION TO
PROVIDE SERVICES TO INDIVIDUALS WITH DISABILITIES IN THE MOST INTEGRATED
SETTING APPROPRIATE TO THEIR NEEDS. A COMPREHENSIVE OLMSTEAD IMPLEMENTA-
TION PLAN THAT WILL ADDRESS INTEGRATED HOUSING, EMPLOYMENT,  TRANSPORTA-
TION,  COMMUNITY  SERVICES  AND  OTHER  IMPORTANT ISSUES WILL AFFIRM NEW
YORK'S POSITION AS A NATIONAL LEADER ON DISABILITY RIGHTS. AS SUCH,  THE
OFFICE OF COMMUNITY LIVING WILL ASSUME RESPONSIBILITY OF CHAIRMANSHIP OF
THE MOST INTEGRATED SETTINGS COORDINATING COUNCIL. THE OFFICE FOR COMMU-
NITY  LIVING SHALL ALSO BE RESPONSIBLE FOR FUNDING SERVICES THAT PROMOTE
AND ADVOCATE FOR INDEPENDENCE AND  COMMUNITY  LIVING  FOR  PERSONS  WITH
DISABILITIES.
  S  462.  DIRECTOR; GENERAL RESPONSIBILITIES. THE HEAD OF THE OFFICE OF
COMMUNITY LIVING SHALL BE THE DIRECTOR, WHO SHALL BE  APPOINTED  BY  THE
GOVERNOR.  THE DIRECTOR SHALL RECEIVE A SALARY TO BE FIXED BY THE GOVER-
NOR WITHIN THE AMOUNT APPROPRIATED THEREFOR. THE  DIRECTOR,  SUBJECT  TO
RULES  PRESCRIBED  BY THE GOVERNOR, MAY APPOINT AND FIX THE COMPENSATION
OF SUBORDINATES AND EMPLOYEES OF THE DIVISION WITHIN THE AMOUNTS  APPRO-
PRIATED THEREFOR.
  S 463. ADDITIONAL POWERS OF THE OFFICE OF COMMUNITY LIVING. THE OFFICE
OF COMMUNITY LIVING SHALL HAVE THE FOLLOWING ADDITIONAL POWERS:
  1.  SUBMISSION,  REVIEWS AND RECOMMENDATIONS. (A) EACH DIVISION WITHIN
THE EXECUTIVE DEPARTMENT AND ALL OTHER DEPARTMENTS OF  THE  STATE  SHALL
SUBMIT  TO  THE  OFFICE  OF  COMMUNITY LIVING FOR REVIEW PROPOSED LEGIS-
LATION, REGULATIONS, ORDERS AND PLANS WHICH MAY SIGNIFICANTLY AFFECT THE
LIVES OR WELL-BEING OF PERSONS WITH  DISABILITIES  IN  THE  STATE.  SUCH
MATTERS  SHALL,  IN  THE  CASE  OF PROPOSED LEGISLATION, BE SUBMITTED AT
LEAST THIRTY DAYS PRIOR TO SUBMISSION TO THE  LEGISLATURE  AND,  IN  THE
CASE OF REGULATIONS, ORDERS AND PLANS, AT LEAST THIRTY DAYS PRIOR TO THE
EFFECTIVE DATE OF THIS ARTICLE.
  (B)  THE  OFFICE  OF COMMUNITY LIVING SHALL REVIEW AND REPORT UPON ALL
MATTERS OF SIGNIFICANCE SUBMITTED TO IT. THE OFFICE SHALL SUBMIT REPORTS
OR OTHER COMMENTS WHERE APPROPRIATE TO THE DIVISION OR DEPARTMENT  WHICH
REFERRED  SUCH  MATTER  EVALUATING (I) THE IMPACT OF THE PROPOSED LEGIS-
LATION, REGULATION, ORDER, OR PLAN UPON PERSONS WITH DISABILITIES;  (II)
THE  RELATIONSHIP  AND  IMPACT  OF  SUCH  PROPOSALS ON EXISTING PROGRAMS
AFFECTING PERSONS WITH DISABILITIES;  (III)  THE  DESIRABILITY  OF  SUCH
PROPOSALS;  AND  (IV) MODIFICATIONS THAT WOULD ENHANCE THE IMPACT OF THE
PROPOSAL UPON PERSONS WITH DISABILITIES OR AID IN THE IMPLEMENTATION  OF
THE NEW PROPOSAL.
  2. COOPERATION. ALL STATE AGENCIES CONTEMPLATING ACTIONS THAT WOULD BE
SUBJECT  TO REVIEW UNDER THIS ORDER SHALL INFORM THE OFFICE OF COMMUNITY
LIVING AS EARLY AS POSSIBLE IN THE PROCESS OF DEVELOPING SUCH  PROPOSALS
AND  SHALL COOPERATE WITH THE OFFICE OF COMMUNITY LIVING IN CARRYING OUT
THESE RESPONSIBILITIES TO ASSURE THAT APPROPRIATE CONSIDERATION IS GIVEN
THE NEEDS AND CONCERNS OF PERSONS WITH DISABILITIES.
  S 464. MOST INTEGRATED SETTING COORDINATING  COUNCIL.  1.  LEGISLATIVE
FINDINGS  AND  INTENT.  THE AMERICANS WITH DISABILITIES ACT REQUIRES THE

S. 7247                             3

STATE OF NEW YORK TO ENSURE THAT PEOPLE OF ALL  AGES  WITH  DISABILITIES
RESIDE  AND  FUNCTION  IN  THE  MOST  INTEGRATED  SETTING POSSIBLE. THIS
REQUIREMENT WAS RECOGNIZED AND UPHELD BY THE SUPREME COURT IN  THE  CASE
OF OLMSTEAD, COMMISSIONER, GEORGIA DEPARTMENT OF HUMAN RESOURCES, ET AL.
V.  L.C.,  BY ZIMRING, GUARDIAN AD LITEM AND NEXT FRIEND, ET AL. (138 F.
3D 893). WHILE THE STATE OF NEW YORK  PROVIDES  COMMUNITY  SUPPORTS  FOR
PEOPLE  OF  ALL  AGES  WITH DISABILITIES AND WHILE THE STATE OF NEW YORK
DOES OPERATE A HOME AND COMMUNITY-BASED  WAIVER  MEDICAID  PROGRAM,  THE
LEGISLATURE  HEREBY  FINDS THAT THE STATE OF NEW YORK HAS NO CENTRALIZED
MECHANISM IN PLACE TO DETERMINE WHETHER OR NOT PEOPLE OF ALL  AGES  WITH
DISABILITIES  ARE  RESIDING  IN THE MOST INTEGRATED SETTING POSSIBLE. IN
ORDER TO ENSURE THAT THE STATE OF NEW YORK IS  IN  COMPLIANCE  WITH  THE
REQUIREMENTS OF THE OLMSTEAD DECISION, THE LEGISLATURE HEREBY FINDS THAT
IT  IS  INCUMBENT  UPON THE STATE OF NEW YORK TO DEVELOP AND IMPLEMENT A
PLAN TO REASONABLY ACCOMMODATE THE DESIRE OF PEOPLE  OF  ALL  AGES  WITH
DISABILITIES  TO  AVOID INSTITUTIONALIZATION AND BE APPROPRIATELY PLACED
IN THE MOST INTEGRATED SETTING POSSIBLE.
  2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "COUNCIL" MEANS THE MOST INTEGRATED SETTING COORDINATING COUNCIL.
  (B) "DISABILITY" MEANS, WITH RESPECT TO AN INDIVIDUAL:
  (I) A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS  ONE  OR
MORE OF THE MAJOR LIFE ACTIVITIES OF SUCH INDIVIDUAL;
  (II) A RECORD OF SUCH AN IMPAIRMENT; OR
  (III) BEING REGARDED AS HAVING SUCH AN IMPAIRMENT.
  (C)  "MOST  INTEGRATED SETTING" MEANS A SETTING THAT IS APPROPRIATE TO
THE NEEDS OF THE INDIVIDUAL WITH THE DISABILITY AND ENABLES  THAT  INDI-
VIDUAL TO INTERACT WITH NONDISABLED PERSONS TO THE FULLEST EXTENT POSSI-
BLE.
  3. MOST INTEGRATED SETTING COORDINATING COUNCIL; ORGANIZATION. (A) THE
MOST  INTEGRATED  SETTING  COORDINATING  COUNCIL IS CONTINUED WITHIN THE
EXECUTIVE DEPARTMENT TO HAVE  AND  EXERCISE  THE  FUNCTIONS  POWERS  AND
DUTIES  PROVIDED  BY  THE  PROVISIONS  OF  THIS  ARTICLE  AND  ANY OTHER
PROVISION OF LAW. THE COUNCIL SHALL BE COMPRISED OF THE DIRECTOR OF  THE
OFFICE  OF COMMUNITY LIVING, AND THE COMMISSIONERS OF: THE DEPARTMENT OF
HEALTH, THE OFFICE  OF  PERSONS  WITH  DEVELOPMENTAL  DISABILITIES,  THE
OFFICE OF MENTAL HEALTH, THE DEPARTMENT OF TRANSPORTATION, THE OFFICE OF
CHILDREN  AND FAMILY SERVICES, THE OFFICE OF ALCOHOL AND SUBSTANCE ABUSE
SERVICES, THE DEPARTMENT OF EDUCATION, AND THE DIVISION OF  HOUSING  AND
COMMUNITY  RENEWAL. IN ADDITION, THE COUNCIL SHALL CONSIST OF THE DIREC-
TOR OF THE OFFICE FOR THE  AGING,  A  REPRESENTATIVE  FROM  THE  JUSTICE
CENTER  FOR  PERSONS  WITH  SPECIAL NEEDS, SIX CONSUMERS OF SERVICES FOR
INDIVIDUALS WITH DISABILITIES, TWO TO BE APPOINTED BY THE GOVERNOR,  TWO
TO  BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND TWO TO BE
APPOINTED BY THE SPEAKER OF THE ASSEMBLY, THREE INDIVIDUALS WITH  EXPER-
TISE  IN  THE  FIELD  OF  COMMUNITY SERVICES FOR PEOPLE OF ALL AGES WITH
DISABILITIES, ONE TO BE APPOINTED BY THE GOVERNOR, ONE TO  BE  APPOINTED
BY THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE TO BE APPOINTED BY THE
SPEAKER  OF  THE  ASSEMBLY,  AND  THREE INDIVIDUALS WITH EXPERTISE IN OR
RECIPIENTS OF SERVICES AVAILABLE TO SENIOR CITIZENS  WITH  DISABILITIES,
ONE  TO  BE APPOINTED BY THE GOVERNOR, ONE TO BE APPOINTED BY THE TEMPO-
RARY PRESIDENT OF THE SENATE, AND ONE TO BE APPOINTED BY THE SPEAKER  OF
THE ASSEMBLY.
  (B) THE DIRECTOR OF THE OFFICE OF COMMUNITY LIVING SHALL BE THE CHAIR-
PERSON OF THE COUNCIL.

S. 7247                             4

  (C)  THE  COUNCIL  SHALL MEET AS NECESSARY TO CARRY OUT ITS FUNCTIONS,
POWERS AND DUTIES, BUT SUCH MEETINGS SHALL  OCCUR  AT  LEAST  ONCE  EACH
QUARTER.
  4.  FUNCTIONS, POWERS AND DUTIES OF THE COUNCIL. (A) THE COUNCIL SHALL
DEVELOP, UPDATE AND OVERSEE THE IMPLEMENTATION OF A COMPREHENSIVE STATE-
WIDE PLAN FOR PROVIDING SERVICES TO INDIVIDUALS OF ALL AGES  WITH  DISA-
BILITIES  IN  THE  MOST INTEGRATED SETTING. SUCH PLAN SHALL INCLUDE, BUT
NOT BE LIMITED TO:
  (I) THE NUMBER OF INDIVIDUALS OF ALL AGES WITH  DISABILITIES  WHO  ARE
CURRENTLY  INSTITUTIONALIZED AND ARE ELIGIBLE FOR SERVICES IN COMMUNITY-
BASED SETTINGS, THE NUMBER OF INDIVIDUALS RESIDING IN THE COMMUNITY  WHO
ARE  DEPENDENT  ON  THE  ASSISTANCE OF COMMUNITY-BASED SERVICES TO AVOID
INSTITUTIONALIZATION AND  ANY  IMPROVEMENTS  NECESSARY  TO  BE  MADE  TO
CURRENT  DATA  COLLECTION SYSTEMS OR ANY NEW DATA COLLECTION INITIATIVES
NECESSARY TO OBTAIN SUCH INFORMATION;
  (II) THE CURRENT ASSESSMENT PROCEDURES UTILIZED TO  IDENTIFY  INDIVID-
UALS  OF ALL AGES WITH DISABILITIES WHO COULD BENEFIT FROM SERVICES IN A
MORE INTEGRATED SETTING AND THE DEVELOPMENT OF A SINGLE ASSESSMENT PROC-
ESS FOR INDIVIDUALS OF ALL AGES WITH DISABILITIES IN NEED  OF  SERVICES,
TO  BE  IMPLEMENTED  BY  ONE  COMMUNITY-BASED AGENCY IN EACH COUNTY WITH
EXPERTISE IN COMMUNITY-BASED SERVICES FOR PEOPLE OF ALL AGES WITH  DISA-
BILITIES THROUGH THE USE OF A UNIFORM ASSESSMENT TOOL;
  (III)  THE  IDENTIFICATION OF WHAT COMMUNITY-BASED SERVICES ARE AVAIL-
ABLE TO INDIVIDUALS OF ALL AGES WITH DISABILITIES IN THE  STATE  OF  NEW
YORK AND AN ASSESSMENT OF THE EXTENT TO WHICH THESE PROGRAMS ARE ABLE TO
SERVE PEOPLE IN THE MOST INTEGRATED SETTINGS;
  (IV)  THE  IDENTIFICATION  OF WHAT IMPROVEMENTS NEED TO BE MADE TO THE
SYSTEM OF COMMUNITY-BASED SERVICES TO ENSURE THAT THE SYSTEM IS  COMPRE-
HENSIVE,  ACCESSIBLE,  MEETS  THE  NEEDS  OF  PERSONS  WHO ARE LIKELY TO
REQUIRE ASSISTANCE IN ORDER TO LIVE IN THE COMMUNITY AND  PROVIDES  HIGH
QUALITY,  ADEQUATE  SUPPORTS  FOR INDIVIDUALS OF ALL AGES WITH DISABILI-
TIES;
  (V) AN EVALUATION OF THE SUPPORTS AND  SERVICES  AVAILABLE  TO  ASSIST
INDIVIDUALS  OF ALL AGES WITH DISABILITIES WHO RESIDE IN THEIR OWN HOMES
WITH THE PRESENCE OF OTHER FAMILY MEMBERS OR OTHER  INFORMAL  CAREGIVERS
AND  AN EVALUATION OF THE SUPPORTS AND SERVICES AVAILABLE TO ADDRESS THE
NEEDS OF INDIVIDUALS OF ALL AGES WITH DISABILITIES WHO RESIDE  IN  THEIR
OWN HOMES WITHOUT FAMILY MEMBERS OR OTHER INFORMAL CAREGIVERS;
  (VI) AN EXAMINATION OF HOW THE IDENTIFIED COMMUNITY-BASED SUPPORTS AND
SERVICES  INTEGRATE  INDIVIDUALS  OF ALL AGES WITH DISABILITIES INTO THE
COMMUNITY;
  (VII) A REVIEW OF WHAT FUNDING SOURCES ARE AVAILABLE TO  INCREASE  THE
AVAILABILITY  OF  COMMUNITY-BASED  SERVICES  AND  AN ANALYSIS OF HOW THE
VARIED FUNDING SOURCES AVAILABLE TO MEET THE NEEDS OF INDIVIDUALS OF ALL
AGES WITH DISABILITIES IN THE MOST INTEGRATED SETTING CAN  BE  ORGANIZED
INTO A COHERENT SYSTEM OF LONG TERM CARE WHICH AFFORDS PEOPLE REASONABLE
AND TIMELY ACCESS TO COMMUNITY-BASED SERVICES;
  (VIII)  AN ASSESSMENT OF HOW WELL THE CURRENT SERVICE SYSTEM WORKS FOR
DIFFERENT POPULATIONS, INCLUDING BUT NOT LIMITED TO, ELDERLY PEOPLE WITH
DISABILITIES, PEOPLE WITH PHYSICAL DISABILITIES,  PEOPLE  WITH  DEVELOP-
MENTAL DISABILITIES, PEOPLE WITH MENTAL ILLNESS, AND PEOPLE WITH HIV AND
AIDS, AND A REVIEW OF CHANGES THAT MIGHT BE DESIRABLE TO MAKE SERVICES A
REALITY IN THE MOST INTEGRATED SETTING FOR ALL POPULATIONS;
  (IX)  AN EXAMINATION OF WAITING LISTS FOR COMMUNITY-BASED SERVICES AND
WHAT MIGHT BE DONE TO ENSURE THAT WAITING LISTS ARE  CREATED  AND  ACCU-

S. 7247                             5

RATELY MAINTAINED AND THAT PEOPLE ARE ABLE TO COME OFF WAITING LISTS AND
RECEIVE NEEDED COMMUNITY-BASED SERVICES AT A REASONABLE PACE;
  (X) AN EXAMINATION OF WHAT INFORMATION, EDUCATION, OUTREACH AND REFER-
RAL  SYSTEMS MIGHT BE USEFUL TO ENSURE THAT INDIVIDUALS OF ALL AGES WITH
DISABILITIES RECEIVE THE INFORMATION NECESSARY TO MAKE INFORMED  CHOICES
REGARDING  HOW  THEIR NEEDS CAN BEST BE MET, INCLUDING THE EVALUATION OF
THE CREATION OF A TOLL FREE HOTLINE WITH INFORMATION ON  COMMUNITY-BASED
SERVICES FOR INDIVIDUALS OF ALL AGES WITH DISABILITIES;
  (XI)  AN  EVALUATION  OF HOW QUALITY ASSURANCE AND QUALITY IMPROVEMENT
CAN BE CONDUCTED EFFECTIVELY AS MORE PEOPLE OF ALL AGES  WITH  DISABILI-
TIES LIVE IN COMMUNITY SETTINGS; AND
  (XII) AN EXAMINATION OF HOW THE OVERALL SYSTEM OF HEALTH AND LONG TERM
CARE  CAN  BEST  BE  MANAGED  SO  THAT  PLACEMENT IN THE MOST INTEGRATED
SETTING BECOMES THE NORM.
  (B) THE COUNCIL SHALL CONTRACT WITH AN INDEPENDENT  ORGANIZATION  WITH
EXPERTISE  IN  THE PROVISION OF COMMUNITY-BASED SERVICES FOR INDIVIDUALS
OF ALL AGES WITH DISABILITIES AND WITH EXPERTISE IN THE AREA OF  PROGRAM
EVALUATION  RESEARCH  TO  CONDUCT  AN  EVALUATION  OF THE COUNCIL'S PLAN
CREATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THE  IMPLEMENTA-
TION OF SUCH PLAN.
  (C) EACH COMMISSIONER AND DIRECTOR SERVING ON THE COUNCIL SHALL ENSURE
THAT  HIS  OR  HER  AGENCY IMPLEMENTS EVERY ASPECT OF THE PLAN DEVELOPED
PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION  WHICH  FALLS  UNDER  THE
RESPONSIBILITIES  OF  HIS  OR  HER AGENCY. THE COUNCIL SHALL OVERSEE THE
IMPLEMENTATION OF THE PLAN CREATED PURSUANT TO SUBDIVISION ONE  OF  THIS
SECTION  AND  SHALL UPDATE SUCH PLAN AS NECESSARY TO ENSURE THAT WAITING
LISTS FOR COMMUNITY-BASED SERVICES FOR PEOPLE OF ALL AGES WITH DISABILI-
TIES ARE MOVING AT A REASONABLE PACE AND TO ENSURE THAT THE STATE OF NEW
YORK IS DEVELOPING A SYSTEM OF LONG TERM CARE THAT ALLOWS INDIVIDUALS OF
ALL AGES WITH DISABILITIES TO RESIDE AND FUNCTION IN THE MOST INTEGRATED
SETTING.
  (D) THE COUNCIL SHALL PROVIDE AN ANNUAL REPORT TO  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. SUCH
REPORT SHALL DETAIL THE PLAN DEVELOPED PURSUANT TO  SUBDIVISION  ONE  OF
THIS  SECTION,  ANY CHANGES MADE TO SUCH PLAN, ALL STEPS TAKEN TO IMPLE-
MENT SUCH PLAN AND THEIR OUTCOME, AND ANY FUTURE ACTIONS PLANNED.
  (E) THE PLAN TO BE DEVELOPED UNDER THIS ARTICLE SHALL NOT BE CONSTRUED
TO INCREASE, DECREASE, OR CHANGE THE STATUTORY AUTHORITY OF  ANY  PERSON
OR  ENTITY AND SHALL BE IMPLEMENTED CONSISTENT WITH ALL OTHERWISE APPLI-
CABLE LAW.
  S 465. INDEPENDENT LIVING CENTERS. 1. DECLARATION OF INTENT. INDEPEND-
ENT LIVING CENTERS GREATLY ASSIST PERSONS WITH DISABILITIES TO INTEGRATE
AND LIVE MORE INDEPENDENTLY IN THE  COMMUNITY.  SINCE  THEIR  INCEPTION,
SERVICE  CENTERS  FOR  INDEPENDENT  LIVING  HAVE ENHANCED THE ABILITY OF
PERSONS WITH DISABILITIES TO PURSUE AN INDEPENDENT AND ACTIVE  LIFESTYLE
WITHIN  THEIR  COMMUNITY.  IN ORDER TO ACHIEVE THIS, IT IS NECESSARY FOR
THE STATE TO  PROVIDE  FUNDING  TO  MAINTAIN  EXISTING  SERVICE  CENTERS
DESIGNED  TO  PROMOTE INDEPENDENT LIVING AND TO ENCOURAGE THE ESTABLISH-
MENT OF NEW CENTERS. TO MAXIMIZE THE EFFECTIVENESS OF THESE  CENTERS  IN
PROMOTING INDEPENDENT LIVING FOR PERSONS WITH DISABILITIES, AND TO OPTI-
MALLY  UTILIZE  INDEPENDENT  LIVING CENTERS IN HELPING THE STATE TO MEET
ITS OBLIGATIONS TO PERSONS WITH  DISABILITIES,  THE  RESPONSIBILITY  FOR
INDEPENDENT  LIVING  SHOULD BE TRANSFERRED FROM THE EDUCATION DEPARTMENT
TO THE OFFICE OF COMMUNITY LIVING.

S. 7247                             6

  2. INDEPENDENT LIVING CENTERS;  PURPOSE  AND  DUTIES.  AN  INDEPENDENT
LIVING  CENTER  SHALL  BE  A  COMMUNITY-BASED,  NON-RESIDENTIAL  PROGRAM
DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH DISABILITIES.
  (A) SUCH CENTER SHALL:
  (I)  BE A PRIVATE NOT-FOR-PROFIT CORPORATION, PURSUANT TO SUBPARAGRAPH
FIVE OF PARAGRAPH A OF SECTION ONE HUNDRED  TWO  OF  THE  NOT-FOR-PROFIT
CORPORATION  LAW;  PROVIDED,  HOWEVER,  THAT  PERSONS  WITH DISABILITIES
COMPRISE AT LEAST FIFTY-ONE PERCENT OF THE MEMBERSHIP OF  THE  BOARD  OF
DIRECTORS;
  (II)  BE  STAFFED  BY PERSONS WITH PERSONS WITH DISABILITIES AND OTHER
PERSONS EXPERIENCED IN ASSISTING PERSONS WITH DISABILITIES;
  (III) PROVIDE SERVICES DESIGNED TO MEET  THE  NEEDS  OF  PERSONS  WITH
DISABILITIES, INCLUDING SUCH SERVICES AS ASSISTING PERSONS WITH DISABIL-
ITIES  TO  OBTAIN HOUSING, EMPLOYMENT REFERRAL, TRANSPORTATION REFERRAL,
ATTENDANT CARE, INDEPENDENT LIVING  SKILLS,  PEER  COUNSELING,  ADVOCACY
SERVICES,  JOB TRAINING, HEALTH CARE, HOMEMAKER SERVICES, AND OTHER SUCH
SERVICES AS APPROVED BY THE DIRECTOR;
  (IV) TRAIN PERSONNEL FOR THE PURPOSE OF ATTENDANT  CARE  IN  ASSISTING
AND SERVING PERSONS WITH DISABILITIES; AND
  (V) SERVE PERSONS WITH DISABILITIES.
  (B)  SUCH CENTER MAY ALSO, BUT NEED NOT LIMIT ITSELF TO, PROVIDE DISA-
BILITY AWARENESS PROGRAMS, PEER COUNSELING, ROLE MODELING AND ANY  OTHER
APPROPRIATE SERVICES WITHIN ELEMENTARY AND SECONDARY SCHOOLS.
  (C)  SUCH  SERVICE  CENTERS  SHALL NOT BE ESTABLISHED OR OPERATED AS A
RESIDENTIAL OR HOUSING FACILITY.
  (D) SUCH SERVICE CENTERS SHALL MAKE MAXIMUM USE OF EXISTING  RESOURCES
AVAILABLE  TO  PERSONS  WITH  DISABILITIES  AND  SHALL NOT DUPLICATE ANY
EXISTING SERVICES OR PROGRAMS, TO  THE  EXTENT  THAT  SUCH  SERVICES  OR
PROGRAMS  ARE AVAILABLE THROUGH OTHER STATE SOURCES TO MEET THE NEEDS OF
PERSONS WITH DISABILITIES. SUCH CENTERS SHALL HOWEVER PROVIDE  NECESSARY
INFORMATION AND REFERRAL TO ASSIST A PERSON WITH A DISABILITY IN OBTAIN-
ING  SUCH  SERVICES  AND  COORDINATE WHERE POSSIBLE THE DELIVERY OF SUCH
SERVICES TO PERSONS WITH DISABILITIES.
  (E) SUCH SERVICE CENTERS SHALL BE IN COMPLIANCE  WITH  ALL  APPLICABLE
LOCAL LAWS AND ORDINANCES.
  3.  OFFICE  OF  COMMUNITY  LIVING;  RESPONSIBILITIES. THE OFFICE SHALL
ASSIST INDIVIDUALS AND ORGANIZATIONS IN THE PLANNING  AND  ESTABLISHMENT
OF  SUCH SERVICE CENTERS. THE OFFICE SHALL ENSURE PROGRAM ACCOUNTABILITY
AND SHALL MONITOR AND EVALUATE SUCH CENTERS.
  4. REGULATIONS. THE OFFICE  SHALL  PROMULGATE  RULES  AND  REGULATIONS
NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE.
  5.  DISTRIBUTION  OF  FUNDS.  (A)  INDEPENDENT LIVING CENTERS SHALL BE
FUNDED OUT OF APPROPRIATIONS AVAILABLE FOR SUCH PURPOSES TO  THE  EXTENT
OF THE ENTIRE APPROVED BUDGET OF SUCH CENTERS.
  (B)  BUDGETS SUBMITTED BY INDEPENDENT LIVING CENTERS SHALL BE APPROVED
IN ACCORDANCE WITH REGULATIONS OF THE OFFICE.
  (C) INDEPENDENT LIVING CENTERS SHALL BE LOCATED IN THE CITIES OF ALBA-
NY, BUFFALO, ROCHESTER, SYRACUSE, UTICA, WHITE PLAINS, BINGHAMTON, KING-
STON, POUGHKEEPSIE, JAMESTOWN, YONKERS, THE COUNTIES OF  QUEENS,  KINGS,
NASSAU, BRONX, RICHMOND AND NEW YORK AND THE TOWNSHIP OF BROOKHAVEN WITH
A SATELLITE CENTER IN CENTRAL ISLIP IN THE COUNTY OF SUFFOLK.
  (D)  ADDITIONAL  INDEPENDENT  LIVING  CENTERS  SHALL BE LOCATED IN THE
CITIES OF NIAGARA FALLS,  OLEAN,  TROY,  AMSTERDAM,  NEWBURGH,  CORNING,
ITHACA,  CORTLAND,  AUBURN, WATERTOWN, PLATTSBURGH, BATAVIA, MASSENA AND
GLENS FALLS, THE COUNTIES  OF  DELAWARE  AND  ROCKLAND,  THE  COUNTY  OF
ORANGE,  IN  EITHER THE CITY OF MIDDLETOWN OR PORT JERVIS OR IN THE TOWN

S. 7247                             7

OF DEERPARK, GREENVILLE, MOUNT HOPE, WARWICK  OR  WAWAYANDA  OR  IN  THE
VILLAGE  OF GOSHEN, IN THE COUNTY OF NEW YORK TO SERVE THE HARLEM COMMU-
NITY, AND IN THE COUNTIES OF PUTNAM, SULLIVAN AND HERKIMER.
  S  466.  NEW  YORK ACCESS TO HOME PROGRAM. 1. STATEMENT OF LEGISLATIVE
FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY  FINDS  AND  DECLARES  THAT
THERE  EXISTS  IN THE STATE OF NEW YORK A SERIOUS NEED FOR FINANCIAL AND
TECHNICAL RESOURCES TO ASSIST RENTERS AND PROPERTY OWNERS TO MAKE DWELL-
ING UNITS ACCESSIBLE FOR LOW AND MODERATE INCOME PERSONS WITH  DISABILI-
TIES.  PROVIDING  ASSISTANCE WITH THE COST OF ADAPTING HOMES WILL ENABLE
MANY NEW YORKERS WITH DISABILITIES TO SAFELY  AND  COMFORTABLY  CONTINUE
TO,  OR  RETURN  TO,  LIVE IN THEIR RESIDENCES INSTEAD OF RESIDING IN AN
INSTITUTIONAL SETTING. TO BEST ACCOMPLISH THIS, THE  RESPONSIBILITY  FOR
THE PROGRAM IS TRANSFERRED TO THE OFFICE OF COMMUNITY LIVING.
  2. DEFINITIONS. AS USED IN THIS ARTICLE:
  (A) "OFFICE" SHALL MEAN THE OFFICE OF COMMUNITY LIVING.
  (B)  "ELIGIBLE APPLICANT" SHALL MEAN A CITY, TOWN, VILLAGE OR NOT-FOR-
PROFIT CORPORATION IN EXISTENCE FOR A PERIOD OF ONE OR MORE YEARS  PRIOR
TO  APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD, INCORPORATED
UNDER THE NOT-FOR-PROFIT CORPORATION LAW AND HAS SUBSTANTIAL  EXPERIENCE
IN ADAPTING OR RETROFITTING HOMES FOR PERSONS WITH DISABILITIES.
  (C)  "DISABLED  VETERAN"  SHALL MEAN A VETERAN WHO IS CERTIFIED BY THE
UNITED STATES DEPARTMENT  OF  VETERANS  AFFAIRS  OR  THE  DEPARTMENT  OF
DEFENSE  AS  ENTITLED  TO  RECEIVE  DISABILITY PAYMENTS UPON THE CERTIF-
ICATION OF SUCH DEPARTMENT FOR A DISABILITY INCURRED BY HIM  OR  HER  IN
TIME OF WAR.
  (D)  "ACCESS  TO  HOME  PROGRAMS" OR "PROGRAMS" SHALL MEAN A SERIES OF
ACTIVITIES BY AN ELIGIBLE  APPLICANT  TO  ADMINISTER  FUNDS  TO  PROVIDE
EITHER  LOANS  OR  GRANTS  TO  HOMEOWNERS AND RENTERS AND TO OVERSEE THE
ADAPTATION OR RETROFITTING OF ELIGIBLE PROPERTIES.
  (E) "ELIGIBLE PROPERTY" SHALL MEAN A HOUSING UNIT THAT IS THE  PRIMARY
RESIDENCE  OF  A PERSON WITH A PHYSICAL DISABILITY AND A TOTAL HOUSEHOLD
INCOME THAT DOES NOT EXCEED EIGHTY PERCENT OF MEDIAN INCOME OR  A  DISA-
BLED  VETERAN  WHO HAS A TOTAL HOUSEHOLD INCOME THAT DOES NOT EXCEED ONE
HUNDRED TWENTY PERCENT OF MEDIAN INCOME. A PROPERTY SHALL NOT BE CONSID-
ERED AN ELIGIBLE PROPERTY IF THE OWNER  OF  THE  PROPERTY  IS  OTHERWISE
OBLIGATED  BY  FEDERAL,  STATE  OR LOCAL LAW TO PROVIDE THE IMPROVEMENTS
FUNDED UNDER THIS ARTICLE.
  3. ACCESS TO HOME CONTRACTS. (A) WITHIN THE LIMIT OF  FUNDS  AVAILABLE
IN  THE ACCESS TO HOME PROGRAM, THE OFFICE IS HEREBY AUTHORIZED TO ENTER
INTO CONTRACTS WITH ELIGIBLE APPLICANTS TO PROVIDE FINANCIAL  ASSISTANCE
FOR THE ACTUAL COSTS OF AN ACCESS TO HOME PROGRAM. THE FINANCIAL ASSIST-
ANCE SHALL BE EITHER IN THE FORM OF GRANTS OR LOANS, AS THE OFFICE SHALL
DETERMINE. NO MORE THAN FIFTY PERCENT OF THE TOTAL AMOUNT AWARDED PURSU-
ANT  TO  THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO ACCESS TO
HOME PROGRAMS LOCATED WITHIN ANY SINGLE MUNICIPALITY.
  (B) THE TOTAL PAYMENT PURSUANT TO ANY ONE CONTRACT  SHALL  NOT  EXCEED
FIVE  HUNDRED  THOUSAND  DOLLARS  AND  THE  CONTRACT  SHALL  PROVIDE FOR
COMPLETION OF THE PROGRAM WITHIN A REASONABLE PERIOD, AS SPECIFIED THER-
EIN, WHICH SHALL NOT IN ANY EVENT EXCEED THREE YEARS FROM ITS  COMMENCE-
MENT.  UPON  REQUEST, THE OFFICE MAY EXTEND THE TERM OF THE CONTRACT FOR
UP TO TWO ADDITIONAL ONE YEAR PERIODS FOR GOOD CAUSE SHOWN BY THE ELIGI-
BLE APPLICANT.
  (C) THE OFFICE MAY AUTHORIZE THE ELIGIBLE APPLICANT  TO  SPEND  UP  TO
SEVEN AND A HALF PERCENT OF THE CONTRACT AMOUNT FOR APPROVED ADMINISTRA-
TIVE COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM.

S. 7247                             8

  (D)  THE OFFICE SHALL REQUIRE THAT, IN ORDER TO RECEIVE FUNDS PURSUANT
TO THIS ARTICLE, THE ELIGIBLE APPLICANT SHALL SUBMIT A PLAN WHICH  SHALL
INCLUDE,  BUT  NOT  BE  LIMITED  TO,  PROGRAM FEASIBILITY, IMPACT ON THE
COMMUNITY, BUDGET FOR EXPENDITURE  OF  PROGRAM  FUNDS,  A  SCHEDULE  FOR
COMPLETION  OF  THE  PROGRAM,  AFFIRMATIVE  ACTION AND MINORITY BUSINESS
PARTICIPATION.
  S 467. OTHER RESPONSIBILITIES OF THE OFFICE OF COMMUNITY  LIVING.  THE
OFFICE  OF  COMMUNITY  LIVING  IS ALSO RESPONSIBLE FOR ADMINISTERING THE
FOLLOWING PROGRAMS, SOME OF WHICH ARE BEING TRANSFERRED FROM THE JUSTICE
CENTER FOR PERSONS WITH SPECIAL NEEDS:
  1. INFORMATION  AND  REFERRAL  SERVICES.    INFORMATION  AND  REFERRAL
SERVICES,  INCLUDING  THE  TOLL-FREE  INFORMATION AND REFERRAL TELEPHONE
LINE.
  2. TECHNOLOGY-RELATED ASSISTANCE  FOR  INDIVIDUALS  WITH  DISABILITIES
(TRAID)  PROGRAM. THE TRAID PROGRAM'S MISSION IS TO COORDINATE STATEWIDE
ACTIVITIES TO INCREASE ACCESS TO AND ACQUISITION OF ASSISTIVE TECHNOLOGY
IN THE AREAS OF EDUCATION, EMPLOYMENT, COMMUNITY LIVING AND  INFORMATION
TECHNOLOGY/TELECOMMUNICATIONS.  THE  PROGRAM  SERVES  INDIVIDUALS OF ALL
AGES AND DISABILITIES.  THE  PROGRAM  SUPPORTS  REGIONAL  TRAID  CENTERS
(RTCS) WHICH PROVIDE INFORMATION, TRAINING, DEVICE DEMONSTRATION, REUSE,
EXCHANGE,  AND  LOANS. THE TRAID PROGRAM ALSO PROVIDES TECHNICAL ASSIST-
ANCE AND ADVOCACY ON HOW TO OBTAIN AND USE ASSISTIVE TECHNOLOGY SERVICES
AND DEVICES.
  3. ADULT HOME ADVOCACY PROGRAM.   THE  ADULT  HOME  ADVOCACY  PROGRAM,
WHICH HAS BEEN IN OPERATION SINCE 1995, IS NOW UNDER THE JURISDICTION OF
THE  OFFICE  OF  COMMUNITY  LIVING. THE PROGRAM ASSISTS INDIVIDUALS WITH
MENTAL HEALTH DISABILITIES WHO RESIDE IN ADULT HOMES IN THE CITY OF  NEW
YORK  AND  LONG  ISLAND IN UNDERSTANDING THEIR LEGAL RIGHTS AND PROMOTES
AND PROTECTS  THEIR  RIGHTS,  INCLUDING  LEGAL  AND  NON-LEGAL  ADVOCACY
SERVICES,  TRAINING  ON  RESIDENTS'  RIGHTS SUPPORTING SELF-ADVOCACY AND
LEADERSHIP INITIATIVES, AND THE  DEVELOPMENT  AND  SUPPORT  OF  RESIDENT
COUNCILS  IS PROVIDED BY QUALIFIED NON-PROFIT AGENCIES WHICH ARE AWARDED
CONTRACTS THROUGH A COMPETITIVE BIDDING PROCESS.
  4. ADVOCACY. ADVOCACY IS A CORE FUNCTION OF THE  OFFICE  OF  COMMUNITY
LIVING. ADVOCACY IS AN ACTIVE PROCESS WITH THE GOAL OF MAKING THE SOCIAL
SYSTEM,  PUBLIC  AND COMMUNITY-BASED OR PRIVATE ENTITIES MORE RESPONSIVE
TO THE NEEDS OF PERSONS WITH DISABILITIES WHO ARE SERVED BY THAT SYSTEM.
ADVOCACY IS NOT A SINGULAR  APPROACH,  BUT  A  CONTINUUM  OF  STRATEGIES
INCLUDING: SELF-ADVOCACY, CITIZEN ADVOCACY, AND SYSTEMS ADVOCACY.
  S 2. Article 25 of the executive law is REPEALED.
  S 3. Section 559 of the executive law is REPEALED.
  S 4. Article 23-A of the education law is REPEALED.
  S 5. Article 25 of the private housing finance law is REPEALED.
  S 6. This act shall take effect April 1, 2017, provided, however, that
the  governor  is  authorized  to  take,  notwithstanding any law to the
contrary, whatever steps are necessary to  effectively  and  efficiently
transfer  the  functions  transferred  to the office of community living
from other agencies of the state so that the office of community  living
may fully commence operation on the effective date of this act.