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BILL NUMBER:S403A

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.

Text

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.