Directs the commissioner of health to establish a schedule of fees for the use, maintenance and repair of air conditioners used by residents of adult homes, enriched housing programs and residences for adults.
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 PROVISIONS: This bill amends section 461-q of the Social Services law to authorize and direct the Commissioner of Health to establish fees 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 fees charged for the use, maintenance, and repair of such air conditioners are not unreasonable or excessive. That program bars the operator from charging for the use, repair or maintenance of the units.
JUSTIFICATION: Most residents in adult homes have very meager allowances for personal items for their own comfort. In 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 reasonable fees, taking into consideration the price of electricity, while preventing such outrageous fees making it impossible for residents to use the air conditioners.
LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: 90 days after enactment.
STATE OF NEW YORK ________________________________________________________________________ S. 403--A A. 315--A Cal. No. 20 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 5, 2011 ___________IN SENATE -- Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. BRENNAN, GOTTFRIED, KAVANAGH, MILLMAN, MAISEL, CAHILL, CLARK, DINOWITZ, CASTRO, P. RIVERA, BROOK-KRASNY, JAFFEE, GUNTHER -- Multi-Sponsored by -- M. of A. BOYLAND, DenDEKKER, JACOBS, LANCMAN, MAGEE, McENENY, MENG, PERRY, SWEENEY, WEISENBERG -- read once and referred to the Committee on Aging -- advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02384-02-2 S. 403--A 2 A. 315--A
2. THE COMMISSIONER OF HEALTH IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH A SCHEDULE OF FEES FOR THE USE, MAINTENANCE AND REPAIR OF AIR CONDITIONERS USED BY RESIDENTS OF ADULT HOMES, ENRICHED HOUSING PROGRAMS AND RESIDENCES FOR ADULTS PROVIDED BY ANY MEANS OTHER THAN THROUGH THE ENHANCING ABILITIES AND LIFE EXPERIENCE (ENABLE) PROGRAM FOR THE PURPOSE OF ENSURING THAT FEES CHARGED FOR THE USE, MAINTENANCE, AND REPAIR OF SUCH AIR CONDITIONERS ARE NOT UNREASONABLE OR EXCESSIVE. IN DETERMINING THE AMOUNT OF SUCH FEES, THE COMMISSIONER OF HEALTH SHALL CONSIDER THE VARIABLE NATURE OF THE MARKET PRICE OF ENERGY AND SHALL ANNUALLY ADJUST SUCH SCHEDULE OF FEES 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.