Actions

Memo

BILL NUMBER:S2216

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.

JUSTIFICATION:

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

FISCAL IMPLICATIONS:

None in the current fiscal year; subsequent impact is limited to appropriation.

EFFECTIVE DATE:

April 1 next succeeding its enactment and expiring April 1 in the sixth year.

Text

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  and

 EXPLANATION--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 ACTION
S. 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  TO
S. 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.