NY State Senate Bill 2015-S351

Senate Bill S351

2015-2016 Legislative Session

Directs the commissioner of health to establish a schedule of reasonable maximum allowable charges for the use, maintenance and repair of air conditioners used by residents of adult homes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Jan 07, 2015	referred to health

2015-S351 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §461-q, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6932
2011-2012: S403
2013-2014: S5607
2017-2018: S4920, S7225

2015-S351 (ACTIVE) - Summary

Directs the commissioner of health to establish a schedule of reasonable maximum allowable charges for the use, maintenance and repair of air conditioners used by residents of adult homes, enriched housing programs and residences for adults.

2015-S351 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S351

 TITLE OF BILL :  An act to amend the social services law, in relation
to establishing a fee schedule for the use, maintenance and repair of
air conditioners in adult homes

 SUMMARY OF SPECIFIC PROVISIONS :

1. Amends section 461-q of the Social Services Law. Authorizes and
directs the Commissioner of Health to establish maximum charges for
the use, maintenance and repair of air conditioners used by individual
residents, except for those air conditioners paid for through the
EnAble program, to ensure that charges for the use, maintenance and
repair of such air conditions are not unreasonable or excessive. That
program bars the operator from charging for the use, repair or
maintenance of the units.

2. Effective Date.

 EXISTING LAW :

Current law requires the Commissioner of Health to promulgate rules
and regulations regarding temperature standards in adult homes,
enriched housing and residences for adults.

 JUSTIFICATION :

Most residents in adult homes, enriched housing programs or residences
for adults have very meager allowances for personal items for their
own comfort. During the summer, in very hot, stuffy rooms, these
residents can often fall ill from the heat if they do not have air
conditioning. Many take medications which exacerbate the effects of
the heat, making the need for air conditioning a medical issue.

The State, with some extra incentives, has encouraged the adult homes
to purchase air conditioners. But some of them have charged residents
exorbitant fees for running the air conditioners even after they get
them. This bill would direct the commissioner of health to set maximum
charges, taking into consideration the price of electricity, while
preventing the cost from making it impossible for residents to use the
air conditioners.

The amended version of this bill clarifies, but does not change the
purpose of this bill.

 PRIOR LEGISLATIVE HISTORY :

2014: S.5607A - Amend and Recommit to Health/ A.4306 - Amended on
Third Reading
2013: S.5607 Referred to Health Committee/ A.4306- Passed Assembly
2012: S.403A-Amended and Recommitted to Consumer Protection/A.315A-
Passed Assembly
2011: S.403-Committee Discharged and Committed to Consumer
Protection/A.315-Passed Assembly
2010: S.6932-Died on 3rd Rdg Calendar A.5681A - Passed Assembly

 FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT :

None.

 EFFECTIVE DATE :
90 days after enactment.

2015-S351 (ACTIVE) - Bill Text download pdf

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

                                   351

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the social services law, in relation to  establishing  a
  fee  schedule  for the use, maintenance and repair of air conditioners
  in adult homes

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

  Section  1.  Section  461-q  of  the  social services law, as added by
section 46 of part B of chapter 58 of the laws of 2004,  is  amended  to
read as follows:
  S  461-q.  Temperature  standards  in  adult  homes,  enriched housing
programs and residences for adults.  1. The commissioner of health shall
promulgate rules and regulations with respect to  an  allowable  temper-
ature  in  all  areas  occupied  by residents of an adult home, enriched
housing program and residence for adults, including any  areas  intended
for  use by its residents in common including auditoriums, meeting rooms
and cafeterias.  One common room in such adult  home,  enriched  housing
program  and  residence  for  adults  shall be required to be air condi-
tioned.
  2. THE COMMISSIONER OF HEALTH IS HEREBY  AUTHORIZED  AND  DIRECTED  TO
ESTABLISH A SCHEDULE OF REASONABLE MAXIMUM ALLOWABLE CHARGES THAT MAY BE
ASSESSED  BY  ADULT HOMES, ENRICHED HOUSING PROGRAMS, AND RESIDENCES FOR
ADULTS TO RESIDENTS FOR THE USE, MAINTENANCE, AND REPAIR OF THE INDIVID-
UAL AIR CONDITIONERS IN THE RESIDENTS' PRIVATE LIVING QUARTERS, PROVIDED
THAT THE AIR CONDITIONERS WERE NOT ACQUIRED THROUGH THE ENHANCING ABILI-
TIES AND LIFE EXPERIENCE (ENABLE) PROGRAM. ADULT HOMES, ENRICHED HOUSING
PROGRAMS, AND RESIDENCES FOR ADULTS THAT ELECT TO CHARGE  RESIDENTS  WHO
OPERATE  INDIVIDUAL  AIR  CONDITIONERS  IN THEIR PRIVATE LIVING QUARTERS
MUST ADHERE TO SUCH SCHEDULE OF REASONABLE MAXIMUM ALLOWABLE CHARGES. IN
DETERMINING THE REASONABLE MAXIMUM ALLOWABLE CHARGES FOR THE USE,  MAIN-

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

                                                           LBD01583-01-5

S. 351                              2

TENANCE, AND REPAIR OF THE INDIVIDUAL AIR CONDITIONERS, THE COMMISSIONER
OF  HEALTH  SHALL  CONSIDER  THE  VARIABLE NATURE OF THE MARKET PRICE OF
ENERGY AND SHALL ANNUALLY ADJUST SUCH SCHEDULE OF  APPLICABLE  COSTS  TO
ACCOUNT  FOR  SUCH  VARIABILITY  AND FOR ANNUAL INFLATION, AS DETERMINED
FROM THE INCREASE IN THE CONSUMER PRICE INDEX AS REPORTED BY THE  BUREAU
OF LABOR STATISTICS OF THE UNITED STATES DEPARTMENT OF LABOR.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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