S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4306
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M. of A. WEPRIN, LIFTON -- read once and referred to the
   Committee on Governmental Operations
 
 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.
   §  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08545-01-9
              

 A. 4306                             2
 
   §  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
 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.
   § 462. DIRECTOR; GENERAL RESPONSIBILITIES. THE HEAD OF THE  OFFICE  OF
 COMMUNITY  LIVING  SHALL  BE THE DIRECTOR, WHO SHALL BE APPOINTED BY THE
 GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF THE SENATE.  THE DIRECTOR
 SHALL RECEIVE A SALARY TO BE FIXED BY THE  GOVERNOR  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 APPROPRIATED THEREFOR.
   § 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

 A. 4306                             3
 
 THESE RESPONSIBILITIES TO ASSURE THAT APPROPRIATE CONSIDERATION IS GIVEN
 THE NEEDS AND CONCERNS OF PERSONS WITH DISABILITIES.
   §  464.  MOST  INTEGRATED SETTING COORDINATING COUNCIL. 1. LEGISLATIVE
 FINDINGS AND INTENT. THE AMERICANS WITH DISABILITIES  ACT  REQUIRES  THE
 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-

 A. 4306                             4
 
 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.
   (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

 A. 4306                             5
 
 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-
 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.
   § 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

 A. 4306                             6
 
 INDEPENDENT  LIVING  SHOULD BE TRANSFERRED FROM THE EDUCATION DEPARTMENT
 TO THE OFFICE OF COMMUNITY LIVING.
   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

 A. 4306                             7
 
 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
 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.
   § 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.

 A. 4306                             8
 
   (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.
   (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.
   § 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.
   § 2. Article 25 of the executive law is REPEALED.
   § 3. Section 559 of the executive law is REPEALED.
   § 4. Article 23-A of the education law is REPEALED.
   § 5. Article 25 of the private housing finance law is REPEALED.
   §  6. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law,  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.