S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    872
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities
 
 AN ACT to amend the mental hygiene law and the  state  finance  law,  in
   relation to the housing opportunities for people to empower excellence
   and equity trust fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings.  Many  adults  with  intellectual  or
 developmental  disabilities  have lived at home with family their entire
 lives, which has resulted in substantial savings for the  state  of  New
 York over many years. In a growing number of cases, however, these indi-
 viduals  now  live with aging family caregivers who can no longer effec-
 tively provide care due to their own age related disabilities and  these
 individuals  and  their  families remain on waiting lists for years at a
 time, awaiting the opportunity  to  access  an  appropriate  residential
 opportunity.  The  legislature therefore finds that it is incumbent upon
 the state of New York to address the needs of these aging caregivers and
 their loved ones by identifying a source of funding to assist in meeting
 the residential needs of these individuals.
   § 2. The mental hygiene law is amended by adding a new  section  41.56
 to read as follows:
 § 41.56 THE  HOUSING  OPPORTUNITIES FOR PEOPLE TO EMPOWER EXCELLENCE AND
           EQUITY TRUST FUND.
   (A) THE HOUSING OPPORTUNITIES FOR PEOPLE  TO  EMPOWER  EXCELLENCE  AND
 EQUITY,  HEREINAFTER  REFERRED  TO  AS  THE HOPE TRUST FUND, ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-AA OF THE STATE FINANCE  LAW,  SHALL  BE
 ADMINISTERED  AND  OVERSEEN IN ACCORDANCE WITH THESE PROVISIONS WITH THE
 PURPOSE OF PROVIDING ACCESS TO RENTAL HOUSING FOR PERSONS WITH  DEVELOP-
 MENTAL  DISABILITIES;  TO  FACILITATE  THE  CONSTRUCTION, RENOVATION AND
 REHABILITATION OF FACILITIES TO PROVIDE ADDITIONAL RESIDENTIAL  OPPORTU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04619-01-7

 S. 872                              2
 
 NITIES  FOR  PEOPLE  WITH DEVELOPMENTAL DISABILITIES; TO DEVELOP NEW AND
 INNOVATIVE APPROACHES TO RESIDENTIAL LIVING WHICH BRING PEOPLE INTO  THE
 COMMUNITY  CONSISTENT  WITH THE GOAL OF FULL INTEGRATION OF PERSONS WITH
 DISABILITIES  AND TO PROMOTE CREATION OF SUSTAINABLE LIVING ENVIRONMENTS
 THROUGH HOME MODIFICATIONS, PAYMENT ASSISTANCE OPTIONS AND HOME REPAIRS.
 THE TRUST FUND WOULD BE ADMINISTERED BY THE OFFICE OF PEOPLE WITH DEVEL-
 OPMENTAL DISABILITIES, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, TO
 PROVIDE A MECHANISM TO IDENTIFY AND PRIORITIZE NEED, BY REGION, AND WORK
 WITH OTHER STATE AGENCIES, LOCAL GOVERNMENT UNITS, AND OTHER  INTERESTED
 PERSONS,  INCLUDING  PEOPLE WITH INTELLECTUAL OR DEVELOPMENTAL DISABILI-
 TIES, PARENTS OR GUARDIANS OR SUCH PERSONS, ADVOCATES FOR  SUCH  PERSONS
 AND  SERVICE PROVIDERS IN PRIORITIZING AND PLANNING FOR THE SATISFACTION
 OF THE IDENTIFIED NEEDS.
   (B) THE FUNDING FROM THE TRUST FUND WOULD  BE  USED  FOR  HOUSING  AND
 OTHER NON-MEDICAID FUNDED SUPPORTS TO INSURE THAT THE IDENTIFIED PRIORI-
 TY  NEEDS  CAN  BE MET, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILI-
 TIES SHALL ALLOCATE THE FUNDS, BY REGION, IN ORDER TO IMPLEMENT THE HOPE
 TRUST  FUND  PLAN EACH YEAR. FUNDS WOULD BE TRANSFERRED FROM THE FUND TO
 SUPPORT THE ABOVE PURPOSES, AS MAY BE DIRECTED BY  THE  COMMISSIONER  OF
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   (C)  AN ANNUAL PLAN FOR THE USE OF THE HOPE TRUST FUND WOULD BE DEVEL-
 OPED AND APPROVED BY THE HOPE TRUST FUND BOARD COMPOSED OF  THE  COMMIS-
 SIONER  OF  THE  OFFICE  FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WHO
 WILL SERVE AS CHAIR, AND TWELVE MEMBERS OF THE PUBLIC APPOINTED  BY  THE
 GOVERNOR, OF WHOM TWO SHALL BE UPON THE RECOMMENDATION OF THE SPEAKER OF
 THE  ASSEMBLY,  TWO  SHALL  BE  UPON THE RECOMMENDATION OF THE TEMPORARY
 PRESIDENT OF THE SENATE, ONE SHALL BE UPON  THE  RECOMMENDATION  OF  THE
 MINORITY  LEADER  OF THE STATE ASSEMBLY AND ONE SHALL BE UPON THE RECOM-
 MENDATION OF THE MINORITY LEADER OF THE STATE SENATE. THE  COMMISSIONERS
 OF  HEALTH  AND  OF  HOUSING  AND COMMUNITY RENEWAL, THE DIRECTOR OF THE
 DIVISION OF THE BUDGET AND THE CHIEF EXECUTIVE OFFICERS OF THE DORMITORY
 AUTHORITY OF THE STATE OF THE NEW YORK AND OF  THE  STATE  OF  NEW  YORK
 MORTGAGE  AGENCY SHALL SERVE AS EX OFFICIO MEMBERS OF THE BOARD. MEMBER-
 SHIP OF THE BOARD SHALL INCLUDE SELF-ADVOCATES, PARENTS,  GUARDIANS  AND
 FAMILY MEMBERS OF PERSONS WITH DEVELOPMENTAL DISABILITIES, ADVOCATES AND
 OTHERS WITH EXPERTISE IN THE PROVISION OF RESIDENTIAL SERVICES.
   (D)  IN  DEVELOPING A PLAN FOR THE DISBURSEMENT OF FUNDS FROM THE HOPE
 TRUST FUND, THE BOARD SHALL:
   (I) DETERMINE ELIGIBILITY  REQUIREMENTS  FOR  THOSE  INDIVIDUALS  WITH
 DEVELOPMENTAL  DISABILITIES  WHO  ARE PROVIDED SERVICES THROUGH THE FUND
 AND WHO ARE DEFINED PURSUANT TO SUBDIVISION TWENTY-TWO OF  SECTION  1.03
 OF  THIS  CHAPTER. IN ESTABLISHING ELIGIBILITY, THE BOARD SHALL CONSIDER
 THE LENGTH OF TIME THE  INDIVIDUAL  HAS  BEEN  WAITING  FOR  RESIDENTIAL
 SERVICES,  THE ABILITY OF FAMILY CAREGIVERS TO CONTINUE TO PROVIDE CARE,
 AND THE EXTENT OF AN INDIVIDUAL'S NEEDS. INDIVIDUALS WHO, IN  ACCORDANCE
 WITH  THE  RESIDENTIAL  OPPORTUNITIES PROTOCOL ESTABLISHED BY THE OFFICE
 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, HAVE BEEN DETERMINED  TO  BE
 EITHER  PRIORITY  ONE  (REQUIRING  EMERGENCY PLACEMENT DUE TO ABUSIVE OR
 NEGLECTFUL SITUATION, FACING IMMINENT DANGER TO SELF  OR  OTHERS  OR  AT
 RISK  OF  HOMELESSNESS,  AMONG OTHER FACTORS) OR PRIORITY TWO (REQUIRING
 URGENT OR EMERGENCY PREVENTION PLACEMENT, AS A RESULT OF AGING OR  FAIL-
 ING  HEALTH OF CAREGIVERS, RISK OF NEGLECT OR ABUSE, OR THE INDIVIDUAL'S
 MEDICAL OR PHYSICAL CONDITION, AMONG OTHER FACTORS)  SHALL  BE  ELIGIBLE
 FOR THE SUPPORT OF THE TRUST FUND.

 S. 872                              3
 
   (II)  ESTABLISH  AUDIT PROTOCOLS FOR NON-PROFIT ORGANIZATIONS LICENSED
 PURSUANT TO THIS CHAPTER TO ASSURE THAT ANY MONIES SPENT FROM  THE  HOPE
 TRUST  FUND ARE APPROPRIATELY EXPENDED CONSISTENT WITH THE PROVISIONS OF
 THIS SECTION.
   (III) PREPARE AN ANNUAL PROGRESS REPORT ON THE STATUS OF PERSONS WAIT-
 ING  FOR  SERVICES,  THE  NUMBER  OF INDIVIDUALS SERVED THROUGH THE HOPE
 TRUST FUND, THE SETTINGS SUCH PERSONS ARE SERVED IN AND  THE  EXTENT  OF
 FEDERAL FINANCIAL PARTICIPATION IN THE FUND.
   (E)  IN  ORDER  TO  RECEIVE MONIES PROVIDED BY THE FUND, AN AUTHORIZED
 PROVIDER OF WAIVER SERVICES TO PERSONS WITH  DEVELOPMENTAL  DISABILITIES
 MUST ENTER INTO A CONTRACT WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES.  APPROVAL  OF SUCH CONTRACT SHALL REQUIRE SUCH PROVIDER TO
 AGREE TO TERMS AND CONDITIONS INCLUDING:
   (I) A DESCRIPTION OF THE MANNER IN WHICH  OPERATING  EXPENSES  OF  THE
 PROJECT  SHALL BE MET, INCLUDING THE USAGE OF AVAILABLE FEDERAL FUNDING,
 AS APPROPRIATE, INCLUDING, BUT NOT  LIMITED,  TO  SUPPLEMENTAL  SECURITY
 INCOME AND SUPPLEMENTAL NUTRITIONAL ASSISTANCE PROGRAM BENEFITS;
   (II)  A  DESCRIPTION  OF  THE  SERVICES  AND  SUPPORTS  WHICH SHALL BE
 PROVIDED TO ELIGIBLE PERSONS WITH DEVELOPMENTAL DISABILITIES  SERVED  BY
 THE FUND;
   (III)  A  DESCRIPTION  OF THE MANNER IN WHICH THE PROJECT WILL PROVIDE
 PERSON CENTERED SERVICES TO THE ELIGIBLE INDIVIDUAL;
   (IV) THE TYPE OF FACILITY PROPOSED; AND
   (V) SUCH OTHER TERMS AND CONDITIONS AS MAY BE REQUIRED BY SUCH OFFICE.
   (F) THE BOARD MAY AUTHORIZE EXPENDITURES FROM THE HOPE TRUST FUND  FOR
 EXPENSES  THAT  IT DEEMS APPROPRIATE TO DEVELOP PERSON CENTERED RESIDEN-
 TIAL SERVICES FOR ELIGIBLE INDIVIDUALS WITH DEVELOPMENTAL  DISABILITIES.
 SUCH EXPENSES MAY INCLUDE:
   (I)  TECHNICAL  ASSISTANCE  FOR GENERAL PROJECT DEVELOPMENT AND OPERA-
 TION;
   (II) NECESSARY LEGAL, ARCHITECTURAL, FINANCIAL  AND  OTHER  CONSULTING
 SERVICES;
   (III)  THE  COST  OF  RENOVATION,  CONSTRUCTION AND REHABILITATION FOR
 RESIDENTIAL PROJECTS AUTHORIZED PURSUANT TO THIS SECTION; AND
   (IV) FUNDING FOR RENTAL ASSISTANCE AND HOUSING  SUBSIDIES  ALONG  WITH
 RENTAL SECURITY ASSISTANCE.
   (G)  THE  OFFICE  FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES IS HEREBY
 DIRECTED TO AUTHORIZE AND FUND ANY NECESSARY HOME  AND  COMMUNITY  BASED
 MEDICAID  WAIVER SERVICES FOR INDIVIDUALS PLACED INTO PROJECTS COMPLETED
 PURSUANT TO THIS SECTION.
   § 3. The state finance law is amended by adding a new section 99-aa to
 read as follows:
   § 99-AA. HOUSING OPPORTUNITIES FOR PEOPLE TO  EMPOWER  EXCELLENCE  AND
 EQUITY  TRUST  FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY
 OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE  A
 FUND TO BE KNOWN AS THE "HOPE TRUST FUND".
   2.  THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
 ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO  BE
 PAID  INTO  OR  CREDITED  TO  SUCH  FUND,  AND NO LESS THAN FIVE HUNDRED
 MILLION DOLLARS COLLECTED BY  THE  STATE  IN  SETTLEMENTS  FROM  BANKING
 INSTITUTIONS   OR   OTHER   FINANCIAL  SERVICES  ORGANIZATIONS.  NOTHING
 CONTAINED HEREIN SHALL PREVENT THE DEPARTMENT OF HEALTH  OR  THE  OFFICE
 FOR  PEOPLE WITH DEVELOPMENTAL DISABILITIES FROM RECEIVING GRANTS, GIFTS
 OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION  AND
 IN  SECTION 41.56 OF THE MENTAL HYGIENE LAW AND DEPOSITING THEM INTO THE
 FUND ACCORDING TO LAW.

 S. 872                              4
 
   3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE FOR ADMINIS-
 TRATIVE COSTS OF THE HOPE  TRUST  FUND  BOARD  ESTABLISHED  PURSUANT  TO
 SECTION  41.56  OF  THE  MENTAL HYGIENE LAW AND FOR FUNDING THE COSTS OF
 PROVIDING HOUSING AND RESIDENTIAL SUPPORTS TO PERSONS WITH DEVELOPMENTAL
 DISABILITIES  IN  ACCORDANCE  WITH  SUCH  SECTION THAT ARE NOT OTHERWISE
 REIMBURSED BY THE MEDICAL ASSISTANCE OR OTHER PROGRAMS, AS  ADMINISTERED
 AND AUTHORIZED BY SUCH BOARD.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE  COMMIS-
 SIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   § 4. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  872--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities -- recommitted to the Committee on  Mental  Health
   and  Developmental Disabilities 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 mental hygiene law and the state finance law, in
   relation to the housing opportunities for people to empower excellence
   and equity trust fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  Many  adults with intellectual or
 developmental disabilities have lived at home with family  their  entire
 lives,  which  has  resulted in substantial savings for the state of New
 York over many years. In a growing number of cases, however, these indi-
 viduals now live with aging family caregivers who can no  longer  effec-
 tively  provide care due to their own age related disabilities and these
 individuals and their families remain on waiting lists for  years  at  a
 time,  awaiting  the  opportunity  to  access an appropriate residential
 opportunity. The legislature therefore finds that it is  incumbent  upon
 the state of New York to address the needs of these aging caregivers and
 their loved ones by identifying a source of funding to assist in meeting
 the residential needs of these individuals.
   §  2.  The mental hygiene law is amended by adding a new section 41.58
 to read as follows:
 § 41.58 THE HOUSING OPPORTUNITIES FOR PEOPLE TO EMPOWER  EXCELLENCE  AND
           EQUITY TRUST FUND.
   (A)  THE  HOUSING  OPPORTUNITIES  FOR PEOPLE TO EMPOWER EXCELLENCE AND
 EQUITY, HEREINAFTER REFERRED TO AS  THE  HOPE  TRUST  FUND,  ESTABLISHED
 PURSUANT  TO  SECTION  NINETY-NINE-BB OF THE STATE FINANCE LAW, SHALL BE
 ADMINISTERED AND OVERSEEN IN ACCORDANCE WITH THESE PROVISIONS  WITH  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04619-02-8

 S. 872--A                           2
 
 PURPOSE  OF PROVIDING ACCESS TO RENTAL HOUSING FOR PERSONS WITH DEVELOP-
 MENTAL DISABILITIES; TO  FACILITATE  THE  CONSTRUCTION,  RENOVATION  AND
 REHABILITATION  OF FACILITIES TO PROVIDE ADDITIONAL RESIDENTIAL OPPORTU-
 NITIES  FOR  PEOPLE  WITH DEVELOPMENTAL DISABILITIES; TO DEVELOP NEW AND
 INNOVATIVE APPROACHES TO RESIDENTIAL LIVING WHICH BRING PEOPLE INTO  THE
 COMMUNITY  CONSISTENT  WITH THE GOAL OF FULL INTEGRATION OF PERSONS WITH
 DISABILITIES AND TO PROMOTE CREATION OF SUSTAINABLE LIVING  ENVIRONMENTS
 THROUGH HOME MODIFICATIONS, PAYMENT ASSISTANCE OPTIONS AND HOME REPAIRS.
 THE TRUST FUND WOULD BE ADMINISTERED BY THE OFFICE OF PEOPLE WITH DEVEL-
 OPMENTAL DISABILITIES, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, TO
 PROVIDE A MECHANISM TO IDENTIFY AND PRIORITIZE NEED, BY REGION, AND WORK
 WITH  OTHER STATE AGENCIES, LOCAL GOVERNMENT UNITS, AND OTHER INTERESTED
 PERSONS, INCLUDING PEOPLE WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILI-
 TIES,  PARENTS  OR GUARDIANS OR SUCH PERSONS, ADVOCATES FOR SUCH PERSONS
 AND SERVICE PROVIDERS IN PRIORITIZING AND PLANNING FOR THE  SATISFACTION
 OF THE IDENTIFIED NEEDS.
   (B)  THE  FUNDING  FROM  THE  TRUST FUND WOULD BE USED FOR HOUSING AND
 OTHER NON-MEDICAID FUNDED SUPPORTS TO INSURE THAT THE IDENTIFIED PRIORI-
 TY NEEDS CAN BE MET, IN CONSULTATION WITH THE  COMMISSIONER  OF  HEALTH,
 THE  COMMISSIONER  OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI-
 TIES SHALL ALLOCATE THE FUNDS, BY REGION, IN ORDER TO IMPLEMENT THE HOPE
 TRUST FUND PLAN EACH YEAR. FUNDS WOULD BE TRANSFERRED FROM THE  FUND  TO
 SUPPORT  THE  ABOVE  PURPOSES, AS MAY BE DIRECTED BY THE COMMISSIONER OF
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   (C) AN ANNUAL PLAN FOR THE USE OF THE HOPE TRUST FUND WOULD BE  DEVEL-
 OPED  AND  APPROVED BY THE HOPE TRUST FUND BOARD COMPOSED OF THE COMMIS-
 SIONER OF THE OFFICE FOR PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  WHO
 WILL  SERVE  AS CHAIR, AND TWELVE MEMBERS OF THE PUBLIC APPOINTED BY THE
 GOVERNOR, OF WHOM TWO SHALL BE UPON THE RECOMMENDATION OF THE SPEAKER OF
 THE ASSEMBLY, TWO SHALL BE UPON  THE  RECOMMENDATION  OF  THE  TEMPORARY
 PRESIDENT  OF  THE  SENATE,  ONE SHALL BE UPON THE RECOMMENDATION OF THE
 MINORITY LEADER OF THE STATE ASSEMBLY AND ONE SHALL BE UPON  THE  RECOM-
 MENDATION  OF THE MINORITY LEADER OF THE STATE SENATE. THE COMMISSIONERS
 OF HEALTH AND OF HOUSING AND COMMUNITY  RENEWAL,  THE  DIRECTOR  OF  THE
 DIVISION OF THE BUDGET AND THE CHIEF EXECUTIVE OFFICERS OF THE DORMITORY
 AUTHORITY  OF  THE  STATE  OF  THE NEW YORK AND OF THE STATE OF NEW YORK
 MORTGAGE AGENCY SHALL SERVE AS EX OFFICIO MEMBERS OF THE BOARD.  MEMBER-
 SHIP  OF  THE BOARD SHALL INCLUDE SELF-ADVOCATES, PARENTS, GUARDIANS AND
 FAMILY MEMBERS OF PERSONS WITH DEVELOPMENTAL DISABILITIES, ADVOCATES AND
 OTHERS WITH EXPERTISE IN THE PROVISION OF RESIDENTIAL SERVICES.
   (D) IN DEVELOPING A PLAN FOR THE DISBURSEMENT OF FUNDS FROM  THE  HOPE
 TRUST FUND, THE BOARD SHALL:
   (I)  DETERMINE  ELIGIBILITY  REQUIREMENTS  FOR  THOSE INDIVIDUALS WITH
 DEVELOPMENTAL DISABILITIES WHO ARE PROVIDED SERVICES  THROUGH  THE  FUND
 AND  WHO  ARE DEFINED PURSUANT TO SUBDIVISION TWENTY-TWO OF SECTION 1.03
 OF THIS CHAPTER. IN ESTABLISHING ELIGIBILITY, THE BOARD  SHALL  CONSIDER
 THE  LENGTH  OF  TIME  THE  INDIVIDUAL  HAS BEEN WAITING FOR RESIDENTIAL
 SERVICES, THE ABILITY OF FAMILY CAREGIVERS TO CONTINUE TO PROVIDE  CARE,
 AND  THE EXTENT OF AN INDIVIDUAL'S NEEDS. INDIVIDUALS WHO, IN ACCORDANCE
 WITH THE RESIDENTIAL OPPORTUNITIES PROTOCOL ESTABLISHED  BY  THE  OFFICE
 FOR  PEOPLE  WITH DEVELOPMENTAL DISABILITIES, HAVE BEEN DETERMINED TO BE
 EITHER PRIORITY ONE (REQUIRING EMERGENCY PLACEMENT  DUE  TO  ABUSIVE  OR
 NEGLECTFUL  SITUATION,  FACING  IMMINENT  DANGER TO SELF OR OTHERS OR AT
 RISK OF HOMELESSNESS, AMONG OTHER FACTORS) OR  PRIORITY  TWO  (REQUIRING
 URGENT  OR EMERGENCY PREVENTION PLACEMENT, AS A RESULT OF AGING OR FAIL-
 ING HEALTH OF CAREGIVERS, RISK OF NEGLECT OR ABUSE, OR THE  INDIVIDUAL'S

 S. 872--A                           3

 MEDICAL  OR  PHYSICAL  CONDITION, AMONG OTHER FACTORS) SHALL BE ELIGIBLE
 FOR THE SUPPORT OF THE TRUST FUND.
   (II)  ESTABLISH  AUDIT PROTOCOLS FOR NON-PROFIT ORGANIZATIONS LICENSED
 PURSUANT TO THIS CHAPTER TO ASSURE THAT ANY MONIES SPENT FROM  THE  HOPE
 TRUST  FUND ARE APPROPRIATELY EXPENDED CONSISTENT WITH THE PROVISIONS OF
 THIS SECTION.
   (III) PREPARE AN ANNUAL PROGRESS REPORT ON THE STATUS OF PERSONS WAIT-
 ING FOR SERVICES, THE NUMBER OF  INDIVIDUALS  SERVED  THROUGH  THE  HOPE
 TRUST  FUND,  THE  SETTINGS SUCH PERSONS ARE SERVED IN AND THE EXTENT OF
 FEDERAL FINANCIAL PARTICIPATION IN THE FUND.
   (E) IN ORDER TO RECEIVE MONIES PROVIDED BY  THE  FUND,  AN  AUTHORIZED
 PROVIDER  OF  WAIVER SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES
 MUST ENTER INTO A CONTRACT WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES. APPROVAL OF SUCH CONTRACT SHALL REQUIRE SUCH  PROVIDER  TO
 AGREE TO TERMS AND CONDITIONS INCLUDING:
   (I)  A  DESCRIPTION  OF  THE MANNER IN WHICH OPERATING EXPENSES OF THE
 PROJECT SHALL BE MET, INCLUDING THE USAGE OF AVAILABLE FEDERAL  FUNDING,
 AS  APPROPRIATE,  INCLUDING,  BUT  NOT LIMITED, TO SUPPLEMENTAL SECURITY
 INCOME AND SUPPLEMENTAL NUTRITIONAL ASSISTANCE PROGRAM BENEFITS;
   (II) A DESCRIPTION  OF  THE  SERVICES  AND  SUPPORTS  WHICH  SHALL  BE
 PROVIDED  TO  ELIGIBLE PERSONS WITH DEVELOPMENTAL DISABILITIES SERVED BY
 THE FUND;
   (III) A DESCRIPTION OF THE MANNER IN WHICH THE  PROJECT  WILL  PROVIDE
 PERSON CENTERED SERVICES TO THE ELIGIBLE INDIVIDUAL;
   (IV) THE TYPE OF FACILITY PROPOSED; AND
   (V) SUCH OTHER TERMS AND CONDITIONS AS MAY BE REQUIRED BY SUCH OFFICE.
   (F)  THE BOARD MAY AUTHORIZE EXPENDITURES FROM THE HOPE TRUST FUND FOR
 EXPENSES THAT IT DEEMS APPROPRIATE TO DEVELOP PERSON  CENTERED  RESIDEN-
 TIAL  SERVICES FOR ELIGIBLE INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
 SUCH EXPENSES MAY INCLUDE:
   (I) TECHNICAL ASSISTANCE FOR GENERAL PROJECT  DEVELOPMENT  AND  OPERA-
 TION;
   (II)  NECESSARY  LEGAL,  ARCHITECTURAL, FINANCIAL AND OTHER CONSULTING
 SERVICES;
   (III) THE COST OF  RENOVATION,  CONSTRUCTION  AND  REHABILITATION  FOR
 RESIDENTIAL PROJECTS AUTHORIZED PURSUANT TO THIS SECTION; AND
   (IV)  FUNDING  FOR  RENTAL ASSISTANCE AND HOUSING SUBSIDIES ALONG WITH
 RENTAL SECURITY ASSISTANCE.
   (G) THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES  IS  HEREBY
 DIRECTED  TO  AUTHORIZE  AND FUND ANY NECESSARY HOME AND COMMUNITY BASED
 MEDICAID WAIVER SERVICES FOR INDIVIDUALS PLACED INTO PROJECTS  COMPLETED
 PURSUANT TO THIS SECTION.
   § 3. The state finance law is amended by adding a new section 99-bb to
 read as follows:
   §  99-BB.  HOUSING  OPPORTUNITIES FOR PEOPLE TO EMPOWER EXCELLENCE AND
 EQUITY TRUST FUND. 1. THERE IS HEREBY ESTABLISHED IN THE  JOINT  CUSTODY
 OF  THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A
 FUND TO BE KNOWN AS THE "HOPE TRUST FUND".
   2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS  PURPOSE,
 ALL  MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO BE
 PAID INTO OR CREDITED TO SUCH  FUND,  AND  NO  LESS  THAN  FIVE  HUNDRED
 MILLION  DOLLARS  COLLECTED  BY  THE  STATE  IN SETTLEMENTS FROM BANKING
 INSTITUTIONS  OR  OTHER  FINANCIAL   SERVICES   ORGANIZATIONS.   NOTHING
 CONTAINED  HEREIN  SHALL  PREVENT THE DEPARTMENT OF HEALTH OR THE OFFICE
 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES FROM RECEIVING GRANTS,  GIFTS
 OR  BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND

 S. 872--A                           4
 
 IN SECTION 41.58 OF THE MENTAL HYGIENE LAW AND DEPOSITING THEM INTO  THE
 FUND ACCORDING TO LAW.
   3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE FOR ADMINIS-
 TRATIVE  COSTS  OF  THE  HOPE  TRUST  FUND BOARD ESTABLISHED PURSUANT TO
 SECTION 41.58 OF THE MENTAL HYGIENE LAW AND FOR  FUNDING  THE  COSTS  OF
 PROVIDING HOUSING AND RESIDENTIAL SUPPORTS TO PERSONS WITH DEVELOPMENTAL
 DISABILITIES  IN  ACCORDANCE  WITH  SUCH  SECTION THAT ARE NOT OTHERWISE
 REIMBURSED BY THE MEDICAL ASSISTANCE OR OTHER PROGRAMS, AS  ADMINISTERED
 AND AUTHORIZED BY SUCH BOARD.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE  COMMIS-
 SIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   § 4. This act shall take effect immediately.