Senate Bill S535

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    535
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  THOMAS,  HOYLMAN,  MYRIE, RAMOS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Social Services
 
 AN  ACT  to  amend  the social services law, in relation to enacting the
   intergenerational poverty mitigation act

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new article
 10-E to read as follows:
                               ARTICLE 10-E
                 INTERGENERATIONAL POVERTY MITIGATION ACT
 SECTION 484. SHORT TITLE.
         484-A. DEFINITIONS.
         484-B. NEW YORK INTERGENERATIONAL WELFARE REFORM COMMISSION.
         484-C. ESTABLISHMENT OF INTERGENERATIONAL POVERTY PLAN IMPLEMEN-
                  TATION PILOT PROGRAM.
   § 484. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AS  THE  "INTERGENERA-
 TIONAL POVERTY MITIGATION ACT."
   § 484-A. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "CYCLE  OF POVERTY" OR "POVERTY CYCLE" MEANS THE SET OF FACTORS OR
 EVENTS BY WHICH THE LONG-TERM POVERTY OF A PERSON IS LIKELY TO  CONTINUE
 AND BE EXPERIENCED BY EACH CHILD OF THE PERSON WHEN THE CHILD BECOMES AN
 ADULT UNLESS THERE IS OUTSIDE INTERVENTION.
   2.  (A) "INTERGENERATIONAL POVERTY" MEANS POVERTY IN WHICH TWO OR MORE
 SUCCESSIVE GENERATIONS OF A FAMILY CONTINUE IN THE CYCLE OF POVERTY  AND
 GOVERNMENT DEPENDENCE.
   (B)  "INTERGENERATIONAL  POVERTY" DOES NOT INCLUDE SITUATIONAL POVERTY
 THAT: (I) IS GENERALLY TRACEABLE TO A SPECIFIC INCIDENT OR  TIME  PERIOD
 WITHIN  THE  LIFETIME OF A PERSON; AND (II) IS NOT CONTINUED TO THE NEXT
 GENERATION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01871-01-3
 S. 535                              2
              

 
   3. "POVERTY" MEANS THE STATE OF A PERSON WHO LACKS A USUAL OR SOCIALLY
 ACCEPTABLE AMOUNT OF MONEY OR MATERIAL POSSESSIONS  AS  DEMONSTRATED  BY
 THE  PERSON'S  INCOME  LEVEL BEING AT OR BELOW THE UNITED STATES POVERTY
 LEVEL AS DEFINED BY THE MOST RECENTLY REVISED POVERTY INCOME  GUIDELINES
 PUBLISHED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
   § 484-B. NEW  YORK  INTERGENERATIONAL  WELFARE  REFORM  COMMISSION. 1.
 THERE IS HEREBY CREATED THE NEW YORK  INTERGENERATIONAL  WELFARE  REFORM
 COMMISSION  COMPOSED  OF  THE  FOLLOWING  NINE  MEMBERS:  (A) ONE MEMBER
 APPOINTED BY THE COMMISSIONER; (B) TWO MEMBERS TO BE  APPOINTED  BY  THE
 GOVERNOR;  (C)  THREE MEMBERS TO BE APPOINTED BY THE TEMPORARY PRESIDENT
 OF THE SENATE; AND (D) THREE MEMBERS TO BE APPOINTED BY THE  SPEAKER  OF
 THE ASSEMBLY.
   2.  THE  APPOINTEE  OF  THE  COMMISSIONER  SHALL SERVE AS CHAIR OF THE
 COMMISSION. THE CHAIR IS RESPONSIBLE FOR: (A) THE CALL  AND  CONDUCT  OF
 MEETINGS  AT  LEAST FOUR TIMES PER YEAR; (B) CALLING ADDITIONAL MEETINGS
 UPON REQUEST BY A MAJORITY OF THE COMMISSION'S MEMBERS; AND (C) DELEGAT-
 ING DUTIES TO OTHER MEMBERS OF THE COMMISSION.
   3. A MAJORITY OF THE MEMBERS OF THE COMMISSION CONSTITUTES A QUORUM OF
 THE COMMISSION AT ANY MEETING AND THE ACTION OF THE MAJORITY OF  MEMBERS
 PRESENT IS THE ACTION OF THE COMMISSION.
   4.  THE  DEPARTMENT  SHALL  PROVIDE STAFF SUPPORT TO THE COMMISSION AS
 REQUESTED.
   5. THE COMMISSION'S PURPOSE IS TO:  (A)  COLLABORATE  IN  SHARING  AND
 ANALYZING  DATA  AND  INFORMATION REGARDING INTERGENERATIONAL POVERTY IN
 THE STATE WITH A PRIMARY FOCUS ON DATA AND INFORMATION  REGARDING  CHIL-
 DREN  WHO  ARE  AT  RISK  OF CONTINUING THE CYCLE OF POVERTY AND WELFARE
 DEPENDENCY UNLESS OUTSIDE INTERVENTION IS MADE; (B) EXAMINE AND  ANALYZE
 SHARED DATA AND INFORMATION REGARDING INTERGENERATIONAL POVERTY, INCLUD-
 ING  THE DATA PROVIDED BY THE INTERGENERATIONAL POVERTY REPORT, TO IDEN-
 TIFY AND DEVELOP EFFECTIVE AND EFFICIENT PLANS, PROGRAMS, AND  RECOMMEN-
 DATIONS  TO  HELP  AT-RISK  CHILDREN  IN  THE  STATE ESCAPE THE CYCLE OF
 POVERTY AND WELFARE DEPENDENCY, WHICH MAY INCLUDE AVOIDING  HOMELESSNESS
 AMONG  CHILDREN AT RISK OF REMAINING IN POVERTY; (C) IMPLEMENT DATA-DRI-
 VEN POLICIES AND PROGRAMS ADDRESSING POVERTY, PUBLIC ASSISTANCE,  EDUCA-
 TION,  AND  OTHER  AREAS AS NEEDED TO MEASURABLY REDUCE THE INCIDENCE OF
 CHILDREN IN THE STATE WHO REMAIN IN THE CYCLE  OF  POVERTY  AND  WELFARE
 DEPENDENCY  AS  THEY  BECOME  ADULTS;  AND  (D) ESTABLISH AND FACILITATE
 IMPROVED COOPERATION BETWEEN  POLICYMAKERS  IN  RESCUING  CHILDREN  FROM
 INTERGENERATIONAL POVERTY AND WELFARE DEPENDENCY.
   6. THE COMMISSION SHALL: (A) STUDY, EVALUATE, AND REPORT ON THE STATUS
 AND  EFFECTIVENESS  OF  POLICIES,  PROCEDURES, AND PROGRAMS THAT PROVIDE
 SERVICES TO CHILDREN IN THE STATE AFFECTED BY INTERGENERATIONAL  POVERTY
 AND WELFARE DEPENDENCY; (B) STUDY AND EVALUATE THE POLICIES, PROCEDURES,
 AND  PROGRAMS  IMPLEMENTED  BY OTHER STATES AND NONGOVERNMENTAL ENTITIES
 THAT ADDRESS THE NEEDS OF CHILDREN AFFECTED BY INTERGENERATIONAL POVERTY
 AND WELFARE DEPENDENCY; (C) IDENTIFY POLICIES, PROCEDURES, AND PROGRAMS,
 INCLUDING ANY LACK OF INTERAGENCY DATA SHARING, LACK OF  POLICY  COORDI-
 NATION,  OR  CURRENT  FEDERAL REQUIREMENTS, THAT ARE IMPEDING EFFORTS TO
 HELP CHILDREN IN THE STATE AFFECTED BY INTERGENERATIONAL POVERTY  ESCAPE
 THE  POVERTY  CYCLE AND WELFARE DEPENDENCY AND RECOMMEND CHANGES TO SUCH
 POLICIES AND PROCEDURES; (D) CREATE AN ONGOING FIVE- AND TEN-YEAR  PLAN,
 WHICH  IS  UPDATED ANNUALLY, CONTAINING MEASURABLE GOALS AND BENCHMARKS,
 INCLUDING FUTURE ACTION NEEDED TO ATTAIN THOSE GOALS AND BENCHMARKS, FOR
 DECREASING THE INCIDENCE OF INTERGENERATIONAL POVERTY AMONG THE  STATE'S
 CHILDREN,  INCLUDING  REDUCING THE INCIDENCE OF HOMELESSNESS AMONG CHIL-
 DREN AFFECTED BY INTERGENERATIONAL POVERTY AND INCREASING THE NUMBER  OF
 S. 535                              3
 
 THE  STATE'S CHILDREN WHO ESCAPE THE POVERTY CYCLE AND WELFARE DEPENDEN-
 CY; (E) IMPLEMENT POLICY, PROCEDURE, AND PROGRAM CHANGES TO ADDRESS  THE
 NEEDS  OF  CHILDREN AFFECTED BY INTERGENERATIONAL POVERTY AND HELP THOSE
 CHILDREN  ESCAPE THE POVERTY CYCLE AND WELFARE DEPENDENCY, INCLUDING, AS
 AVAILABLE OVER TIME, DATA TO TRACK THE EFFECTIVENESS OF EACH CHANGE; (F)
 RECOMMEND POLICY, PROCEDURE, AND PROGRAM CHANGES TO ADDRESS THE NEEDS OF
 CHILDREN AFFECTED BY INTERGENERATIONAL POVERTY AND TO HELP  THOSE  CHIL-
 DREN  ESCAPE  THE  POVERTY  CYCLE  AND WELFARE DEPENDENCY, INCLUDING THE
 STEPS THAT WILL BE REQUIRED TO MAKE THE RECOMMENDED CHANGES AND  WHETHER
 FURTHER  ACTION  IS REQUIRED BY THE LEGISLATURE; AND (G) PROVIDE A FORUM
 FOR PUBLIC COMMENT AND PARTICIPATION IN EFFORTS TO HELP CHILDREN IN  THE
 STATE ESCAPE THE CYCLE OF POVERTY AND WELFARE DEPENDENCY.
   7.  TO  ACCOMPLISH  ITS  DUTIES,  THE  COMMISSION MAY: (A) REQUEST AND
 RECEIVE FROM ANY STATE OR  LOCAL  GOVERNMENTAL  AGENCY  OR  INSTITUTION,
 INFORMATION  RELATING  TO  POVERTY  IN  THE  STATE,  INCLUDING: REPORTS,
 AUDITS, DATA,  PROJECTIONS  AND  STATISTICS;  AND  (B)  APPOINT  SPECIAL
 COMMITTEES,  TO  ADVISE AND ASSIST THE COMMISSION; PROVIDED THAT MEMBERS
 OF SUCH SPECIAL COMMITTEE SHALL BE APPOINTED BY THE COMMISSION  AND  MAY
 BE:  (I) MEMBERS OF THE COMMISSION; OR (II) INDIVIDUALS FROM THE PRIVATE
 OR PUBLIC SECTOR;
   § 484-C. ESTABLISHMENT OF INTERGENERATIONAL POVERTY  PLAN  IMPLEMENTA-
 TION PILOT PROGRAM.
   1.  THERE  IS  HEREBY  ESTABLISHED  AN  INTERGENERATIONAL POVERTY PLAN
 IMPLEMENTATION PILOT PROGRAM TO ENCOURAGE COUNTIES  TO  IMPLEMENT  LOCAL
 SOLUTIONS TO ADDRESS INTERGENERATIONAL POVERTY.
   2. A COUNTY OR A GROUP OF CONTIGUOUS COUNTIES MAY SUBMIT A PROPOSAL TO
 THE DEPARTMENT TO PARTICIPATE IN THE PROGRAM. SUCH PROPOSALS FOR PARTIC-
 IPATION  SHALL SPECIFY: (A) OUTCOMES THAT WILL ADDRESS INTERGENERATIONAL
 POVERTY THAT THE COUNTY AIMS TO ACHIEVE WITH SUCH PROGRAM;  (B)  METRICS
 THAT  WOULD  BE  USED TO MEASURE PROGRESS TOWARD THE SPECIFIED OUTCOMES;
 (C) BASELINE MEASUREMENTS FOR EACH  SPECIFIED  OUTCOME  AND  THE  METRIC
 AGAINST  WHICH  PROGRESS  WILL  BE MEASURED; AND (D) THE TOTAL AMOUNT OF
 MONEY NEEDED TO ACHIEVE THE SPECIFIED OUTCOMES.
   3. THE DEPARTMENT SHALL: (A) SPECIFY THE FORMAT FOR  A  PROPOSAL;  (B)
 SET  A  DEADLINE FOR A COUNTY OR GROUP OF COUNTIES TO SUBMIT A PROPOSAL;
 (C) DEFINE CRITERIA FOR SELECTING A  COUNTY  OR  GROUP  OF  COUNTIES  TO
 PARTICIPATE  IN THE PROGRAM, WHICH MAY INCLUDE: (I) A SIGNIFICANT NUMBER
 OF INDIVIDUALS WITHIN THE  COUNTY  OR  GROUP  OF  COUNTIES  EXPERIENCING
 INTERGENERATIONAL POVERTY; (II) AN ESTABLISHED STRATEGIC PLAN TO ADDRESS
 INTERGENERATIONAL POVERTY; (III) EVIDENCE OF STRONG ENGAGEMENT AND LEAD-
 ERSHIP;  AND  (IV)  PARTNERSHIPS  WITH GROUPS OVERSEEING HUMAN SERVICES,
 EARLY CHILDHOOD SERVICES PUBLIC HEALTH, EDUCATION, ECONOMIC DEVELOPMENT,
 BEHAVIORAL HEALTH AND JUVENILE JUSTICE.
   4. ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,  THE  DEPARTMENT
 SHALL  SELECT  AT  LEAST ONE COUNTY OR GROUP OF COUNTIES TO SERVE AS THE
 PILOT PROGRAM LOCATION, AND SHALL BE AUTHORIZED TO GRANT  ANY  APPROPRI-
 ATED  FUNDS  TO  SUCH  COUNTY  OR GROUP OF COUNTIES TO ACHIEVE THE PILOT
 PROGRAM INDICATORS AND OUTCOMES.
   5. A COUNTY OR GROUP OF COUNTIES THAT RECEIVES A GRANT UNDER THE PILOT
 PROGRAM SHALL: (A) PROVIDE A CASH OR IN-KIND MATCH THAT IS EQUAL  TO  AT
 LEAST  TWENTY-FIVE PERCENT OF THE AMOUNT OF THE GRANT; (B) USE THE FUNDS
 PROVIDED BY THE PROGRAM AND THE  CASH  OR  IN-KIND  MATCH  FOR  PURPOSES
 APPROVED  BY  THE DEPARTMENT; AND (C) REPORT QUARTERLY TO THE DEPARTMENT
 ON  PROGRESS  REGARDING  THE  INDICATORS  AND  OUTCOMES  DESCRIBED  THIS
 SECTION.
 S. 535                              4
 
   6.   THE   DEPARTMENT  SHALL  ISSUE  A  REPORT  ANNUALLY  DETAILING  A
 DESCRIPTION OF THE PROGRAM, INCLUDING THE NUMBER AND AMOUNTS  OF  GRANTS
 AWARDED, THE RECIPIENTS OF THE GRANTS, AND AN EVALUATION OF THE PROGRESS
 GRANT  RECIPIENTS HAVE MADE TOWARD THE INDICATORS AND OUTCOMES DESCRIBED
 IN THIS SECTION.
   7. THE DEPARTMENT SHALL HAVE THE POWER: (A) TO MAKE SUCH PILOT PROGRAM
 PERMANENT  IF THE DEPARTMENT DETERMINES THE PROGRAM HAS BEEN SUCCESSFUL;
 AND (B) TO EXPAND THE PILOT PROGRAM TO AN ADDITIONAL COUNTY OR  COUNTIES
 AFTER THE INITIAL ONE-YEAR PILOT PROGRAM.
   § 2. This act shall take effect immediately.