S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5494

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2013
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Aging

AN ACT to amend the elder law, in  relation  to  establishing  the  home
  repair services for elderly program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The elder law is amended by adding a  new  section  224  to
read as follows:
  S  224. HOME REPAIR SERVICES FOR THE ELDERLY PROGRAM. 1.  DEFINITIONS.
AS USED IN THIS SECTION:
  (A) "ADVISORY COMMITTEE" SHALL MEAN THE ADVISORY COMMITTEE CONVENED BY
THE DIRECTOR PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (B) "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR THE AGING.
  (C) "HOME REPAIR SERVICE" SHALL MEAN A DEMAND BASED SERVICE FOR  OLDER
ADULTS INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
  (1) CONSTRUCTION, IN OR AROUND THE HOME, TO IMPROVE SAFETY OR MOBILITY
INCLUDING,  BUT NOT LIMITED TO, THE INSTALLATION OF GRAB BARS, RAILINGS,
RAMPS, LIGHTING,  OR  SMOKE  OR  CARBON  MONOXIDE  DETECTORS;  UPGRADING
NONCOMPLIANT HEATING AND VENTILATION SYSTEMS OR ELECTRICAL FIXTURES; AND
THE REPAIR OR REPLACEMENT OF MALFUNCTIONING DOORS OR WINDOWS;
  (2) REPAIRS, IN OR AROUND THE HOME, TO IMPROVE SAFETY OR MOBILITY;
  (3) SUPPLY OF MATERIALS USED FOR CONSTRUCTION OR REPAIRS, IN OR AROUND
THE HOME; AND
  (4) MAINTENANCE, IN OR AROUND THE HOME, THAT IS EITHER REQUIRED BY THE
OLDER ADULT'S COMMUNITY; NECESSARY FOR SAFETY OR INTEGRAL IN MAINTAINING
PROPERTY  OR  PRESERVING  ITS  VALUE INCLUDING, BUT NOT LIMITED TO, YARD
WORK, SNOW REMOVAL AND GUTTER MAINTENANCE; OR OTHER UPKEEP TO THE  PREM-
ISES.
  (D)  "IN  OR  AROUND THE HOME" SHALL MEAN REAL PROPERTY WHERE AN OLDER
ADULT RESIDES AND IS OWNED, LEASED OR RENTED BY SUCH ADULT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09230-01-3

              

A. 5494                             2

  (E) "OLDER ADULT" SHALL MEAN A PERSON WHO IS SIXTY  YEARS  OF  AGE  OR
OLDER.
  (F)  "PROGRAM"  SHALL  MEAN  THE  HOME REPAIR SERVICES FOR THE ELDERLY
PROGRAM ESTABLISHED PURSUANT TO THIS SECTION.
  (G) "SUSTAINABILITY PLAN" SHALL MEAN  A  FORMAL  WRITTEN  PLAN  TO  BE
SUBMITTED  TO  THE DIRECTOR WHICH SHALL SET FORTH THE STEPS THAT WILL BE
TAKEN BY AN AREA AGENCY ON  AGING  TO  OBTAIN  THE  NECESSARY  FINANCIAL
RESOURCES  FOR  A HOME REPAIR SERVICE FOR THE ELDERLY PROGRAM UNDER THIS
SECTION TO BE SELF-SUSTAINING. SUCH STEPS MAY INCLUDE PLANS  TO  PARTNER
WITH  COMMUNITY  ORGANIZATIONS AND/OR OTHER LOCAL FUNDRAISING ACTIVITIES
AND DEVELOPING A FEE SCALE BASED ON INCOME FOR OLDER ADULTS WHO USE  THE
SERVICES OF THE HOME REPAIR SERVICE FOR THE ELDERLY PROGRAM.
  2.  THE  DIRECTOR SHALL, WITHIN AMOUNTS APPROPRIATED THEREFORE, ESTAB-
LISH A HOME REPAIR SERVICE FOR THE ELDERLY PROGRAM FOR  THE  PURPOSE  OF
IMPROVING  THE  ABILITY OF OLDER ADULTS TO REMAIN SAFELY AND COMFORTABLY
IN THEIR HOMES. THE DIRECTOR SHALL AWARD GRANTS TO QUALIFIED AREA  AGEN-
CIES ON AGING TO ESTABLISH PROGRAMS.
  3.  PRIOR  TO  IMPLEMENTING THE PROGRAM, THE DIRECTOR SHALL CONVENE AN
ADVISORY COMMITTEE. SUCH COMMITTEE SHALL BE COMPOSED OF OLDER ADULTS AND
SENIOR CITIZEN GROUP REPRESENTATIVES FROM THROUGHOUT ALL THE  GEOGRAPHIC
AREAS  OF  THE STATE. THE ADVISORY COMMITTEE SHALL DEVELOP AND RECOMMEND
TO THE DIRECTOR APPROPRIATE CRITERIA FOR THE SELECTION  OF  GRANTEES  OF
FUNDS  UNDER  THE  PROGRAM. THE ADVISORY COMMITTEE SHALL FURTHER AID THE
DIRECTOR IN DEVELOPING CRITERIA FOR THE PROGRAM WHICH SHALL INCLUDE, BUT
NOT BE LIMITED TO:
  (A) THE TYPES OF SERVICES TO BE PROVIDED BY THE PROGRAM;
  (B) MONETARY AND TIME LIMITATIONS FOR PROGRAM SERVICES;
  (C) CRITERIA FOR THE SELF-SUSTAINABILITY PLAN; AND
  (D) THE QUALIFICATIONS AND CREDENTIALS OF INDIVIDUALS OR ENTITIES  WHO
WILL PROVIDE SERVICES UNDER THE PROGRAM.
  4.  THE ADVISORY COMMITTEE SHALL ASSIST THE DIRECTOR WITH DESIGNING AN
EVALUATION TOOL FOR THE PROGRAM. THE PROGRAM SHALL BE EVALUATED  BY  THE
DIRECTOR  TO  DETERMINE  ITS EFFECTIVENESS. NO LATER THAN ONE YEAR AFTER
THE ESTABLISHMENT OF THE PROGRAM,  THE  DIRECTOR  SHALL  REPORT  ON  THE
EFFECTIVENESS  OF THE PROGRAM TO THE GOVERNOR, THE SPEAKER OF THE ASSEM-
BLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR  OF  THE  ASSEMBLY
AGING COMMITTEE AND THE CHAIR OF THE SENATE AGING COMMITTEE.
  5.  THE  OFFICE  MAY  USE UP TO FIVE PERCENT OF THE TOTAL OF ANY FUNDS
PROVIDED TO A DESIGNATED AGENCY PURSUANT TO THIS  SECTION  FOR  ADMINIS-
TRATION.
  6. AN AREA AGENCY MAY USE UP TO FIVE PERCENT OF THE TOTAL OF ANY FUNDS
IT RECEIVES PURSUANT TO THIS SECTION FOR ADMINISTRATION.
  S 2. This act shall take effect immediately.