Establishes the New York state community initiatives project; defines terms; establishes the community initiative project program; provides for programs and services, and community initiatives project action plan; provides for an application for funding and a state community initiatives oversight committee.
TITLE OF BILL:
An act to amend the elder law, in relation to establishing the New York state community initiatives project; and providing for the repeal of such provisions upon expiration thereof
SUMMARY OF PROVISIONS:
Section 1. Legislative findings and intent. Declares that programs for the aging may be more effective if they have a coordinated focus and unified strategy for service delivery, and if are tailored to meet the more significant needs of a community or of seniors rather than requiring seniors and communities to meet their criteria. (i.e., local flexibility),
Section 2. Adds a new section 224 of the elder law, to create the community initiatives project. Briefly, the project allows a community (a county or a part of a county) to create a project action plan through a project oversight committee and a "Community initiatives advisory council" which includes project area residents, including seniors, local government, the business and economic development community, service providers, the legal community, and educational institutions.
If accepted by SOFA and the State advisory committee, the community and the state execute a single unified contract. SOFA is allowed to establish up to 10 projects per year. The statute also allows for interchange of state monies to SOFA under the unified contract in order to fulfill the obligations of the state pursuant to unified contracts.
The projects are to provide for coordinated, accessible services, flexibility, seamlessness in the delivery of services insofar as possible, the reduction of barriers to accessing, implementing, and/or financing such services, greater effectiveness in the delivery of such services, and greater numbers of persons served or other delivery improvements within a project area. Services and programs includes any programs offered by the state, and are not limited only to programs and services offered through SOFA. The action plan includes both the programs and services, but also an assessment of the needs which the plan is to address. Elements of the action plan include:
a. a description of the geographic boundaries and demographic characteristics of the area in which the proposed project services will be targeted and an explanation of why that community was selected (if the project area is not a county);
b. a description of services that currently exist, gaps in or barriers to services, and resources available within the community to support such services;
c. a description of how existing services will be made more accessible, whether existing services will be expanded, what new services will be provided, how new and existing services will be coordinated, and what links will be established among the providers of services in the community;
d. a statement of the project's goals and objectives;
e. a description of the process and criteria used to select members of the council;
f. a description of the method used to develop the action plan, including the means of engaging project area senior residents in developing such action plan; and
g. a description of the project area community's involvement in the development of the application including the involvement of public, private, and not for profit agencies, businesses and other organizations and entities, and community residents, and the methods by which the applicant will assure continued community involvement in the delivery of services and long range planning efforts.
The body which determines whether to accept a plan and to oversee the projects is the State community initiatives oversight committee. It includes representatives of the commissioners or directors of the department of agriculture and markets; the office of alcoholism and substance abuse services; the state advocate for the disabled; the office of children and families; the city university of New York; the division of the budget; the department of economic development; the department of education; the empire state development corporation; the department of health; the Office of Temporary and Disability Assistance; the office of housing and community renewal; the department of labor; the office of mental health; the office of mental retardation and developmental disabilities; the department of parks, recreation and historic preservation; the state university of New York; and the department of state. Committee members are empowered to waive any regulations for the purpose of promoting innovative approaches and maximize effective use of federal, state, and local monies. Waiver is subject to the approval of the director of the budget, and the waiver must be consistent with applicable state and federal statutes and that it will not imp air the general health or welfare of the people receiving services under such project or others.
This is a new way of establishing programs for the aging in New York, under which the state would fund a plan, not merely a program or several individuals.
PRIOR LEGISLATIVE HISTORY:
S.2004: 2009-10 - Referred to Aging, Committed to Finance S.6967: 2007-08 - Referred to Aging, Committed to Rules
None in the current fiscal year; subsequent impact is limited to appropriation.
April 1 next succeeding its enactment and expiring April 1 in the sixth year.
STATE OF NEW YORK ________________________________________________________________________ 2216 2011-2012 Regular Sessions IN SENATE January 18, 2011 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the elder law, in relation to establishing the New York state community initiatives project; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and intent. The legislature hereby finds and declares that because services and programs for seniors are spread across numerous state programmatic and regulatory agencies, and were developed at different times and for different purposes, they lack a coordinated focus and unified strategy for service delivery, often requiring that communities and seniors meet strict and/or disjunct eligibility and programmatic guidelines that may not address the more significant needs of a community or of seniors rather than tailoring programs to meet the needs of those communities and the seniors who reside in them. The legislature further finds that the absence of such coordination and delivery strategy reduces effectiveness of such services and impairs the ability of many communities and the seniors who reside in them to fully benefit from services provided, and declares that a more effective and efficient use of public monies can result from encouraging communi- ties to identify needs and develop a strategic plan to address those needs on a short-term and long-term basis, and then allowing the provision of services pursuant to the plan with increased flexibility, improved and seamless delivery, and by eliminating barriers to implemen- tation, thus requiring services to be shaped to fit community needs rather than requiring communities and individuals to meet the guidelines of programs. It is the intent of the legislature by enacting this act to establish the communities initiative project, which in every way meets andEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06106-01-1 S. 2216 2
addresses a public purpose by providing integrated and coordinated delivery of services that address the needs of seniors in communities as detailed and described by such communities, in a manner that will improve the reach, efficiency, and effectiveness of services provided. S 2. The elder law is amended by adding a new section 224 to read as follows: S 224. NEW YORK STATE COMMUNITY INITIATIVES PROJECT ACT. 1. DEFI- NITIONS. AS USED IN THIS SECTION: (A) "ACTION PLAN" MEANS THE STRATEGIC COMMUNITY INITIATIVES PROJECT ACTION PLAN DESCRIBED IN THIS SECTION. (B) "COMMITTEE" MEANS THE STATE COMMUNITY INITIATIVES PROJECT OVER- SIGHT COMMITTEE ESTABLISHED IN THIS SECTION. (C) "COMMUNITY INITIATIVES ADVISORY COUNCIL" OR "COUNCIL" MEANS A GROUP REPRESENTING, TO THE GREATEST EXTENT POSSIBLE, PROJECT AREA RESI- DENTS, INCLUDING SENIORS, LOCAL GOVERNMENT, THE BUSINESS AND ECONOMIC DEVELOPMENT COMMUNITY, SERVICE PROVIDERS, THE LEGAL COMMUNITY, AND EDUCATIONAL INSTITUTIONS, WHO SHALL BE RESPONSIBLE FOR DEVELOPMENT OF THE ACTION PLAN. (D) "COMMUNITY" MEANS A COUNTY OR A PART OF A COUNTY. (E) "COMMUNITY INITIATIVES PROJECT UNIFIED CONTRACT" OR "CONTRACT" MEANS THE AGREEMENT FOR A PROJECT BETWEEN THE OFFICE, AS REPRESENTATIVE OF THE COMMITTEE, AND AN ELIGIBLE APPLICANT WHOSE PROJECT HAS BEEN APPROVED. (F) "ELIGIBLE APPLICANT" MEANS A NOT-FOR-PROFIT PRIVATE OR PUBLIC AGENCY, A LOCAL GOVERNMENTAL AGENCY, OR A COMBINATION OF SUCH ENTITIES. (G) "OFFICE" MEAN THE STATE OFFICE FOR THE AGING. (H) "PROJECT" MEANS A COMMUNITY INITIATIVES PROJECT APPROVED IN ACCORDANCE WITH THIS ARTICLE. (I) "RURAL AREA" HAS THE SAME MEANING AS DEFINED IN SUBDIVISION SEVEN OF SECTION FOUR HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW. 2. COMMUNITY INITIATIVES PROJECT PROGRAM. THE COMMUNITY INITIATIVES PROJECTS PROGRAM IS HEREBY ESTABLISHED IN THE STATE OFFICE FOR THE AGING. A COMMUNITY INITIATIVES PROJECT ESTABLISHED PURSUANT TO THIS SECTION SHALL HAVE AS ITS PRIMARY COMPONENTS AN ACTION PLAN, THE CREATION OF A COUNCIL, AND THE PROVISION OF PROGRAMS AND SERVICES AS DESCRIBED IN SUBDIVISION THREE OF THIS SECTION. THE OFFICE, WITH THE APPROVAL OF THE COMMITTEE, MAY ESTABLISH UP TO TEN COMMUNITY INITIATIVES PROJECTS IN THE FIRST YEAR OF IMPLEMENTATION, AND UP TO TEN ADDITIONAL SUCH PROJECTS IN EACH SUCCESSIVE ADDITIONAL YEAR, PROVIDED HOWEVER THAT NOT LESS THAN ONE-THIRD OF SUCH PROJECTS APPROVED IN ANY YEAR SHALL BE IN RURAL AREAS. 3. PROGRAMS AND SERVICES. PROJECTS SHALL PROVIDE FOR COORDINATED, ACCESSIBLE SERVICES, FLEXIBILITY, SEAMLESSNESS IN THE DELIVERY OF SERVICES INSOFAR AS POSSIBLE, THE REDUCTION OF BARRIERS TO ACCESSING, IMPLEMENTING, AND/OR FINANCING SUCH SERVICES, GREATER EFFECTIVENESS IN THE DELIVERY OF SUCH SERVICES, AND GREATER NUMBERS OF PERSONS SERVED OR OTHER DELIVERY IMPROVEMENTS WITHIN A PROJECT AREA. THE TERM "SERVICES" AS USED IN THIS SECTION INCLUDES BUT IS NOT LIMITED TO POLICIES, PROGRAMS, LAWS, REGULATIONS, OR OTHER MATTERS FOR AGING INDIVIDUALS, INCLUDING BUT NOT LIMITED TO, HUMAN SERVICES AND COMMUNITY LIFE; HEALTH CARE; EDUCATION; BUSINESS, ECONOMIC DEVELOPMENT, AND EMPLOYMENT; AGRI- CULTURE; ENVIRONMENT, LAND USE, AND NATURAL RESOURCES; TRANSPORTATION; COMMUNITY FACILITIES, HOUSING; AND LOCAL GOVERNMENT SERVICES AND MANAGE- MENT. 4. COMMUNITY INITIATIVES PROJECT ACTION PLAN. THE COUNCIL FOR AN APPROVED PROJECT SHALL DEVELOP A COMMUNITY INITIATIVES PROJECT ACTIONS. 2216 3
PLAN, WHICH SHALL INCLUDE THE COUNCIL'S ASSESSMENT OF THE COMMUNITY'S REQUIREMENTS FOR ADDRESSING THE NEEDS OF SENIORS, WHICH SHALL INCLUDE A DESCRIPTION OF THE ACTIONS AND RESOURCES NECESSARY TO MEET SUCH NEEDS IMMEDIATELY AND OVER A FIVE YEAR PERIOD. THE ACTION PLAN SHALL BE SUBMITTED TO THE COMMITTEE FOR REVIEW AND APPROVAL. 5. APPLICATION FOR FUNDING. A REQUEST FOR PROPOSALS SHALL BE ISSUED BY THE OFFICE ON BEHALF OF THE COMMITTEE. ELIGIBLE APPLICANTS MAY SUBMIT PROJECT APPLICATIONS TO THE OFFICE, WHICH SHALL RECEIVE ALL SUCH APPLI- CATIONS ON BEHALF OF THE COMMITTEE, AND SHALL FORWARD ALL APPLICATIONS TO THE COMMITTEE FOR REVIEW AND APPROVAL. EACH APPLICATION FOR FUNDING SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) IF THE PROJECT AREA IS NOT A COUNTY, A DESCRIPTION OF THE GEOGRAPHIC BOUNDARIES AND DEMOGRAPHIC CHARACTERISTICS OF THE AREA IN WHICH THE PROPOSED PROJECT SERVICES WILL BE TARGETED AND AN EXPLANATION OF WHY THAT COMMUNITY WAS SELECTED; (B) A DESCRIPTION OF SERVICES THAT CURRENTLY EXIST IN THE PROJECT AREA, GAPS IN OR BARRIERS TO SUCH SERVICES, INCLUDING IDENTIFICATION OF KNOWN STATUTORY OR REGULATORY BARRIERS, AND RESOURCES AVAILABLE WITHIN THE COMMUNITY TO SUPPORT SUCH SERVICES; (C) A DESCRIPTION OF HOW EXISTING SERVICES WILL BE MADE MORE ACCESSI- BLE TO RESIDENTS OF THE PROJECT AREA, WHETHER EXISTING SERVICES WILL BE EXPANDED, WHAT NEW SERVICES WILL BE PROVIDED, HOW NEW AND EXISTING SERVICES WILL BE COORDINATED, AND WHAT LINKS WILL BE ESTABLISHED AMONG THE PROVIDERS OF SERVICES IN THE COMMUNITY; (D) A STATEMENT OF THE PROJECT'S GOALS AND OBJECTIVES, INCLUDING THE INTENDED OUTCOME FOR EACH SERVICE OR ACTIVITY CONTAINED IN THE ACTION PLAN. SUCH OUTCOMES MAY INCLUDE, BUT NEED NOT BE LIMITED TO, MEASURABLE FACTORS RELATING TO EMPLOYMENT, HEALTH, EDUCATION, MENTAL HEALTH, AND OTHER SUCH SERVICES; (E) A DESCRIPTION OF THE PROCESS AND CRITERIA USED TO SELECT MEMBERS OF THE COUNCIL; (F) A DESCRIPTION OF THE METHOD USED TO DEVELOP THE ACTION PLAN, INCLUDING THE MEANS OF ENGAGING PROJECT AREA SENIOR RESIDENTS IN DEVEL- OPING SUCH ACTION PLAN; AND (G) A DESCRIPTION OF THE PROJECT AREA COMMUNITY'S INVOLVEMENT IN THE DEVELOPMENT OF THE APPLICATION INCLUDING THE INVOLVEMENT OF PUBLIC, PRIVATE, AND NOT-FOR-PROFIT AGENCIES, BUSINESSES AND OTHER ORGANIZATIONS AND ENTITIES, AND COMMUNITY RESIDENTS, AND THE METHODS BY WHICH THE APPLICANT WILL ASSURE CONTINUED COMMUNITY INVOLVEMENT IN THE DELIVERY OF SERVICES AND LONG RANGE PLANNING EFFORTS. 6. STATE COMMUNITY INITIATIVES OVERSIGHT COMMITTEE. A STATE COMMUNITY INITIATIVES OVERSIGHT COMMITTEE SHALL BE ESTABLISHED TO OVERSEE IMPLE- MENTATION OF THE PROVISIONS OF THIS ARTICLE AND SHALL CONSIST OF REPRE- SENTATIVES OF THE COMMISSIONERS OR DIRECTORS OF THE FOLLOWING AGENCIES OR THEIR DESIGNEES, WITH THE DIRECTOR OF THE OFFICE SERVING AS CHAIR- PERSON: THE DEPARTMENT OF AGRICULTURE AND MARKETS; THE OFFICE OF ALCO- HOLISM AND SUBSTANCE ABUSE SERVICES; THE STATE ADVOCATE FOR THE DISA- BLED; THE OFFICE OF CHILDREN AND FAMILIES SERVICES; THE CITY UNIVERSITY OF NEW YORK; THE DIVISION OF THE BUDGET; THE DEPARTMENT OF ECONOMIC DEVELOPMENT; THE DEPARTMENT OF EDUCATION; THE EMPIRE STATE DEVELOPMENT CORPORATION; THE DEPARTMENT OF HEALTH; THE OFFICE OF TEMPORARY AND DISA- BILITY ASSISTANCE; THE OFFICE OF HOUSING AND COMMUNITY RENEWAL; THE DEPARTMENT OF LABOR; THE OFFICE OF MENTAL HEALTH; THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION; THE STATE UNIVERSITY OF NEW YORK; THE DIVISION OF STATE POLICE; THE DIVISION OF CRIMINAL JUSTICE SERVICES; AND THE DEPART-S. 2216 4
MENT OF STATE. THE COMMITTEE SHALL HAVE THE FOLLOWING POWERS, DUTIES AND RESPONSIBILITIES: (A) CRITERIA FOR APPROVAL OF PROJECTS. THE COMMITTEE SHALL REVIEW AND APPROVE PROJECT APPLICATIONS USING THE FOLLOWING CRITERIA: (I) THE FEASIBILITY OF THE PROJECT; (II) THE AMOUNT OF DEMONSTRATED COMMITMENT AND SUPPORT FOR THE PROJECT, INCLUDING PLEDGES OF FINANCIAL SUPPORT, EXPRESSED BY LOCAL GOVERNMENT AGENCIES, COMMUNITY RESIDENTS AND LEADERS, APPROPRIATE SERVICE PROVIDERS, AND PRIVATE SUPPORTERS; (III) THE ANTICIPATED EFFECTIVENESS OF THE PROJECT AS EVIDENCED BY THE EXISTENCE OF OTHER AVAILABLE RESOURCES, INCLUDING EXISTING LINKS BETWEEN PUBLIC AND/OR PRIVATE AGENCIES THAT FOCUS ON THE PROVISION OF SERVICES IN HIGH-NEED GEOGRAPHIC AREAS OF POPULATIONS; (IV) MAXIMIZATION OF USE OF EXISTING RESOURCES, SERVICES, AND FUNDS TO SUPPORT PROJECTS AND A DEMONSTRATION THAT THE PURPOSES AND OBJECTIVES OF THIS ARTICLE WILL BE ACCOMPLISHED EFFECTIVELY; (V) THE ABILITY OF THE APPLICANT TO UNDERTAKE AND COMPLETE A COMPRE- HENSIVE PROJECT PURSUANT TO THE ACTION PLAN; AND (VI) THE ABILITY OF THE APPLICANT TO PROVIDE THE NECESSARY DATA FOR AN EFFECTIVE EVALUATION OF THE PROJECT. (B) TECHNICAL ASSISTANCE. MEMBERS OF THE COMMITTEE SHALL PROVIDE TECH- NICAL ASSISTANCE TO APPROVED PROJECTS, INCLUDING, BUT NOT LIMITED TO PROVIDING AND ANALYZING DATA; ASSISTANCE IN STRENGTHENING THE PROGRAM- MATIC AND ADMINISTRATIVE VIABILITY OF APPROVED PROJECTS; ASSISTANCE IN STRENGTHENING ACTION PLANS; IDENTIFYING FEDERAL, STATE AND LOCAL FUNDS, AND RESOURCES FROM ANY OTHER SOURCES AVAILABLE TO SUPPORT SUCH PROJECTS; AND DEVELOPING LOCAL EVALUATION SYSTEMS. (C) ON THE BASIS OF INFORMATION SUBMITTED IN APPROVED APPLICATIONS AND IN THE ACTION PLAN, THE COMMITTEE SHALL: (I) ASSIST IN IDENTIFYING AND OBTAINING RESOURCES AND FUNDING NECES- SARY FOR THE IMPLEMENTATION OF THE ACTION PLAN, AND MAKE RECOMMENDATIONS AS APPROPRIATE AND NECESSARY IN ACCORDANCE WITH ARTICLE VII OF THE STATE CONSTITUTION; (II) IDENTIFY AND REQUEST THE APPROPRIATE MEMBER OR MEMBERS OF THE COMMITTEE TO WAIVE REGULATIONS OR PROCEDURES THAT ACT AS BARRIERS TO THE EFFECTIVE IMPLEMENTATION OF THE ACTION PLAN, AS LONG AS SUCH WAIVER IS CONSISTENT WITH THE NEEDS AND REQUIREMENTS OF AN APPROVED PROJECT ACTION PLAN, THE POWERS GRANTED BY THIS SECTION, AND THE LIMITATIONS ON ANY SUCH WAIVER ESTABLISHED IN THIS SECTION; (III) IDENTIFY ANY SPECIFIC STATUTORY REQUIREMENTS THAT MAY IMPEDE THE SUCCESSFUL IMPLEMENTATION OF SUCH PROJECTS AND SUBMIT REQUESTS TO THE LEGISLATURE IN ACCORDANCE WITH ARTICLE VII OF THE STATE CONSTITUTION FOR SPECIFIC LEGISLATIVE ENACTMENTS NECESSARY TO REMOVE SUCH IMPEDIMENTS; AND (IV) PROVIDE ASSISTANCE NEEDED FOR SUCCESSFUL IMPLEMENTATION OF THE ACTION PLAN. (D) ONGOING RESPONSIBILITIES. THE COMMITTEE SHALL MONITOR EACH APPROVED PROJECT TO ENSURE THAT SERVICES ARE PROVIDED IN ACCORDANCE WITH THIS ARTICLE AND THAT FUNDS ARE USED IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW AND REGULATIONS, AND SHALL REQUIRE SUCH REPORTS AS IT SHALL DEEM NECESSARY FROM ANY PROJECT. (E) AUTHORITY FOR WAIVER. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, FOR THE PURPOSE OF PROMOTING INNOVATIVE APPROACHES AND MAXIMIZE EFFECTIVE USE OF FEDERAL, STATE, AND LOCAL MONIES, THE COMMISSIONER OR DIRECTOR OF ANY STATE AGENCY WHICH IS A MEMBER OF THE COMMITTEE MAY WAIVE, SUBJECT TO THE APPROVAL OF THE DIREC-S. 2216 5
TOR OF THE BUDGET, FOR THOSE PERSONS, PROVIDERS, AND COMMUNITIES INVOLVED IN A PROJECT, ANY OF SUCH AGENCY'S REGULATORY REQUIREMENTS THAT MAY IMPEDE THE SUCCESSFUL IMPLEMENTATION OF A PROJECT, PROVIDED THAT SUCH WAIVER IS CONSISTENT WITH APPLICABLE STATE AND FEDERAL STATUTES AND THAT IT WILL NOT IMPAIR THE GENERAL HEALTH OR WELFARE OF THE PEOPLE RECEIVING SERVICES UNDER SUCH PROJECT OR OTHERS. SUCH COMMISSIONER OR DIRECTOR SHALL BE AUTHORIZED, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET, TO IMPOSE APPROPRIATE ALTERNATIVE STANDARDS IN PLACE OF ANY WAIVED REQUIREMENTS. 7. ADDITIONAL RESPONSIBILITIES OF THE OFFICE. (A) UNLESS OTHERWISE PRESCRIBED, THE OFFICE OR ITS DESIGNEES SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THE PROVISIONS OF THIS ARTICLE. IN CONSULTATION WITH THE COMMITTEE, THE OFFICE SHALL DEVELOP AND DISSEMINATE A REQUEST FOR PROPOSALS ON A STATEWIDE BASIS, PROVIDED HOWEVER THAT DURING THE FIRST YEAR OF IMPLEMENTATION, THE COMMITTEE MAY LIMIT THE LOCATIONS FOR DISSEMINATION OF SUCH REQUEST FOR PROPOSALS BASED ON RELEVANT DEMOGRAPH- IC DATA AND SUCH OTHER FACTORS AS MAY BE DETERMINED BY THE COMMITTEE. NOT LESS THAN THIRTY DAYS PRIOR TO DISSEMINATION OF SUCH REQUESTS FOR PROPOSALS IN SUCH STATE FISCAL YEAR, THE OFFICE SHALL NOTIFY THE TEMPO- RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY OF SUCH PROPOSED LOCATIONS AND THE CRITERIA FOR SELECTION, IF ANY. (B) NOT LESS THAN TEN BUSINESS DAYS PRIOR TO APPROVING AN APPLICATION PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE COMMITTEE, THROUGH THE OFFICE, SHALL NOTIFY THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY OF ITS INTENT TO APPROVE A PROJECT. SUCH NOTIFI- CATION SHALL IDENTIFY THE RECIPIENT AND STATE THE PROPOSED LOCATION, THE ESTIMATED PROJECT COST, AND A BRIEF DESCRIPTION OF THE PROJECT. (C) THE DIRECTOR AND THE OTHER MEMBERS OF THE COMMITTEE SHALL ENTER INTO SUCH AGREEMENTS AS SHALL BE NECESSARY TO DELINEATE THEIR RESPECTIVE ROLES REGARDING THE COOPERATIVE PROVISION OF PROGRAM FUNDING AND TECHNI- CAL ASSISTANCE, AND THE REVIEW AND MONITORING OF PROJECTS. (D) THE OFFICE SHALL PROVIDE ASSISTANCE TO APPROVED PROJECTS TO DEVEL- OP AN EVALUATION METHODOLOGY APPROPRIATE TO THE GOALS AND OBJECTIVES OF THE PROJECTS. 8. COMMUNITY INITIATIVES PROJECT UNIFIED CONTRACT. THE OFFICE SHALL ENTER INTO A COMMUNITY INITIATIVES PROJECT UNIFIED CONTRACT WITH EACH APPLICANT APPROVED BY THE COMMITTEE. THE PROVISIONS OF SUCH CONTRACT SHALL INCLUDE, BUT NOT BE LIMITED TO: A DESCRIPTION OF PROJECT SERVICES AND ACTIVITIES, THE ACTION PLAN, THE ALLOWABLE PROJECT COSTS, THE SPECIFIC SOURCES OF FUNDS THAT WILL SUPPORT THE APPROVED COSTS, INCLUD- ING STATE FUNDS, LOCAL FUNDS, OTHER GOVERNMENTAL FUNDS, AND ALL NONGOV- ERNMENTAL FUNDS OR REVENUES THAT ARE PROPOSED TO BE USED IN SUPPORT OF ALL PROJECT COSTS, AND THE ALLOCATION OF COSTS BY FUNDING SOURCE. THE FORM OF THE COMMUNITY INITIATIVES UNIFIED CONTRACT SHALL BE DEVELOPED IN CONSULTATION WITH THE DIVISION OF THE BUDGET AND THE OFFICE OF AUDIT AND CONTROL. 9. INTERCHANGE. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE COMPTROLLER IS AUTHORIZED PURSUANT TO A CERTIFICATE OF ALLOCATION SUBMITTED BY THE DIVISION OF THE BUDGET TO INTERCHANGE OR TRANSFER FROM APPROPRIATIONS MADE TO THE AGENCIES OF THE COMMITTEE OR ANY OTHER APPROPRIATION, AS APPROPRIATE, SUCH AMOUNTS AS MAY BE REQUIRED TO FULFILL THE OBLIGATIONS OF THE STATE PURSUANT TO COMMUNITY INITI- ATIVES UNIFIED CONTRACTS TO THE OFFICE FOR PAYMENT OF SUCH OBLIGATIONS. THE DIVISION OF THE BUDGET SHALL PROVIDE THE CHAIRS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE WITH COPIES OF SUCH CERTIFICATES AT LEAST FIVE BUSINESS DAYS PRIOR TO SUBMITTAL TOS. 2216 6
THE COMPTROLLER AND SHALL ADDITIONALLY PROVIDE QUARTERLY REPORTS OF ALL INTERCHANGES AND TRANSFERS WHICH OCCUR PURSUANT TO THIS SUBDIVISION. 10. ADDITIONAL ALLOWABLE COSTS. IN ADDITION TO COSTS FOR SERVICE DELIVERY, ADDITIONAL ALLOWABLE COSTS FOR EACH PROJECT SHALL INCLUDE, BUT NOT BE LIMITED TO COSTS REASONABLY INCURRED FOR: (A) PREPARATION OF THE PLAN REQUIRED PURSUANT TO THIS ARTICLE; (B) SERVICES AS APPROVED IN THE PROJECT APPLICATION; (C) EVALUATION OF THE APPROVED PROJECT; (D) ADMINISTRATION, PROVIDED HOWEVER IN EVERY CASE, THE SUPPORT OF ADMINISTRATIVE COSTS PURSUANT TO THE CONTRACT SHALL BE NOT MORE THAN THE MAXIMUM PERCENTAGE AUTHORIZED FOR EACH SOURCE OF FUNDING OR THE TOTAL MAXIMUM DOLLARS ALLOWED FOR ADMINISTRATIVE COSTS FOR EACH FUNDING SOURCE; AND (E) MINOR RENOVATIONS TO EXISTING STRUCTURES, EXCEPT THAT IN NO CASE SHALL THE STATE SUPPORT OF SUCH COSTS EXCEED EITHER TWENTY-FIVE PERCENT OF THE PROJECT CONTRACT OR FIFTY PERCENT OF THE TOTAL RENOVATION COSTS, WHICHEVER IS LESS. 11. MAINTENANCE OF EFFORT. FUNDING MADE AVAILABLE THROUGH THE CONTRACT SHALL NOT BE USED TO SUPPLANT LOCAL OR OTHER FUNDS. 12. EVALUATION. THE COMMITTEE SHALL CONDUCT TWO EVALUATIONS OF THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ARTICLE: A COMPILATION OF INDI- VIDUAL PROJECT EVALUATIONS TO BE CONDUCTED IN ACCORDANCE WITH CRITERIA ESTABLISHED IN THIS ARTICLE; AND A COMPREHENSIVE COMMUNITIES INITIATIVES EVALUATION. (A) INDIVIDUAL PROJECT EVALUATIONS SHALL BE CONDUCTED PURSUANT TO THE REQUIREMENTS OF THIS ARTICLE AND SUBMITTED TO THE COMMITTEE FOR REVIEW. THE COMMITTEE SHALL FORWARD ITS COMMENTS AND CRITICISMS TO THE APPROVED PROJECTS WITH RECOMMENDATIONS OF STRATEGIES FOR REMEDIATION OF PROJECT DEFICIENCIES. FURTHER, THE COMMITTEE SHALL COMPILE THE EVALUATIONS AND THE REQUIRED COMMENTS AND RECOMMENDATIONS INTO A SINGLE DOCUMENT AND SHALL SUBMIT SUCH COMPILATION TO THE GOVERNOR AND THE LEGISLATURE BY JANUARY FIRST OF THE THIRD YEAR FOLLOWING IMPLEMENTATION OF THIS PROJECT. (B) THE COMMITTEE SHALL CAUSE TO BE PREPARED A COMPREHENSIVE COMMUNITY INITIATIVES PROJECT EVALUATION, WHICH SHALL ASSESS THE EFFICACY AND IMPACT OF THE UNIFIED CONTRACT, THE AUTHORIZATION RELATING TO WAIVER OF REGULATIONS, AND THE STATUTORY EXEMPTIONS ON THE DELIVERY OF SERVICES ENACTED BY THE LEGISLATURE. IN ADDITION, THE COMMITTEE SHALL ASSESS THE EXTENT TO WHICH THE INITIATIVE HAS: (I) ACCOMPLISHED THE GOALS AND OBJECTIVES; (II) IMPROVED THE COORDINATION OF PROGRAM DEVELOPMENT AND SERVICE PROVISION BY THE AGENCIES PARTICIPATING ON THE COMMITTEE; AND (III) REDUCED OR ELIMINATED DUPLICATIVE AND CONFLICTING REGULATIONS. 13. REPORTS. (A) THE COMMITTEE SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLATURE ON OR BEFORE THE FIRST DAY OF MARCH OF EACH YEAR SUBSEQUENT TO A YEAR IN WHICH FUNDS HAVE BEEN AWARDED TO IMPLEMENT COMMUNITY INITIATIVES PROJECTS REGARDING THE ACTIVITIES AND ACTIONS OF THE COMMITTEE, THE CRITERIA USED TO EVALUATE PROJECT GOALS, OBJECTIVES, AND OUTCOMES, AND BASED ON THESE FACTORS, THE EFFECTIVENESS OF SUCH PROJECTS IN REACHING THE GOALS AND OBJECTIVES OF THE INDIVIDUAL PROJECTS. THE REPORT SHALL ADDRESS THE APPROPRIATENESS OF CONTINUING THE PROVISIONS OF THIS SECTION AND THE FEASIBILITY OF REPLICATING SUCH PROJECTS IN OTHER AREAS OF THE STATE. THE REPORT SHALL INCLUDE RECOMMEN- DATIONS, BASED ON THE EXPERIENCE GAINED UNDER THE PROVISIONS OF THIS ARTICLE, FOR MODIFYING STATEWIDE POLICIES THAT DIRECT PUBLICLY FUNDED PROGRAMS.S. 2216 7
(B) THE COMMITTEE SHALL ADDITIONALLY SUBMIT TO THE GOVERNOR AND THE LEGISLATURE AN INTERIM REPORT, WHICH SHALL INCLUDE A COMPILATION OF THE GOALS AND OBJECTIVES OF THE APPROVED PROJECTS, AND SHALL SUPPLEMENT SUCH COMPILATION WITH A STATEMENT OF GOALS AND OBJECTIVES THAT RELATE SPECIF- ICALLY TO THE STATE'S ROLE IN POLICY DEVELOPMENT, ADMINISTRATION, AND DELIVERY OF SERVICES TO THE TARGETED COMMUNITIES NOT LATER THAN JANUARY FIRST, IN THE THIRD YEAR FOLLOWING IMPLEMENTATION. S 3. This act shall take effect on the first of April next succeeding the date on which it shall have become a law and shall expire and be deemed repealed on the first of April in the sixth year next succeeding such effective date.