Bill S5174-2011

Establishes the capital infrastructure improvement and development for older New Yorkers grant program

Establishes the capital infrastructure improvement and development for older New Yorkers grant program.

Details

Actions

  • Feb 29, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO AGING
  • May 3, 2011: REFERRED TO AGING

Votes

VOTE: COMMITTEE VOTE: - Aging - Feb 29, 2012
Ayes (11): Ball, Golden, LaValle, Robach, Zeldin, Valesky, Diaz, Addabbo, Avella, Stavisky, Hassell-Thompson
Ayes W/R (1): Farley

Memo

BILL NUMBER:S5174

TITLE OF BILL: An act to amend the elder law and the public authorities law, in relation to establishing the capital infrastructure improvement and development for older New Yorkers grant program

PURPOSE OR GENERAL IDEA OF BILL: To create the Capital infrastructure improvement and development for older New Yorkers (CIID NY) grant program which would administer available funds to encourage improvements in the operation and efficiency of the aging service provider network in New York state.

SUMMARY OF SPECIFIC PROVISIONS:

-Adds a new Title to the Elder Law, creating the Capital Infrastructure Improvement and Development for Older New Yorkers (CIID NY) grant program.

-Requires the director of the state office for the aging and the dormitory authority to develop criteria for the evaluation of applications for grant money.

-Requires that any projects recommended for approval be presented to the senate finance committee, director of the division of budget and the chair of the assembly ways and means committee and requires the dormitory authority to report quarterly to such chairpersons on awards made through the program.

-Requires the directors to publish priorities and goals to be achieved through grant funding.

-Requires any work performed pursuant to contracts awarded to applicants be deemed "public work" in compliance with articles eight, nine, and ten of the labor law

-Specifies that funds awarded to applicants must be devoted to ensuring the quality of community based service provided through the aging network and to assist seniors in living independently

-Specifies that a certain portion of CIID NY funds must go to support infrastructure improvement, technology upgrades, building repairs and design improvements, and other various capital improvements to help seniors as approved by the director

-Allows a certain portion of CIID NY funds to be awarded without a formal bidding process, provided the applicant fulfills meets certain criteria to the satisfaction of the director

-Amends section 1806-j of the public authorities law to authorize the issuance of bonds or notes to finance project costs authorized under the CIID NY program.

JUSTIFICATION: As the population of older New Yorkers continues to escalate, it is crucial that the state provide support to services offered by

community-based aging network providers. Senior centers, Naturally Occurring Retirement Communities (NORCs), respite service providers and nutrition services providers, amongst others, offer critical assistance in the effort to help older adults successfully age in place in the living environments of their choice. In an effort to enable seniors to remain as independent as possible for as long as possible in their own homes and communities through the provision of home and community-based services, this bill creates the Capital infrastructure improvement and development for older New Yorkers (CIID NY) grant program administered by the state office for the aging. The primary goal of CIID NY is to improve the community-based continuum of services that utilizes meals delivery, social adult day services, case management, senior centers, transportation, and other non-medical services to manage the needs of older New Yorkers.

PRIOR LEGISLATIVE HISTORY: This is a new Bill.

FISCAL IMPLICATIONS: No additional cost to the state. This program relies on funding already authorized under the public authorities law for the issuance of bonds for the health care efficiency and affordability law for New Yorkers (HEAL NY) capital grant program.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5174 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the elder law and the public authorities law, in relation to establishing the capital infrastructure improvement and development for older New Yorkers grant program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 2 of the elder law is amended by adding a new title 4 to read as follows: TITLE 4 CAPITAL INFRASTRUCTURE IMPROVEMENT AND DEVELOPMENT FOR OLDER NEW YORKERS GRANT PROGRAM SECTION 260. CAPITAL INFRASTRUCTURE IMPROVEMENT AND DEVELOPMENT FOR OLDER NEW YORKERS (CIID NY) GRANT PROGRAM. S 260. CAPITAL INFRASTRUCTURE IMPROVEMENT AND DEVELOPMENT FOR OLDER NEW YORKERS (CIID NY) GRANT PROGRAM. 1. (A) THE DIRECTOR OF THE STATE OFFICE FOR THE AGING AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL ENTER INTO AN AGREEMENT, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, FOR THE PURPOSE OF ADMINISTERING THE FUNDS AVAILABLE TO THE CAPITAL INFRASTRUCTURE IMPROVEMENT AND DEVELOP- MENT FOR OLDER NEW YORKERS PROGRAM (CIID NY) GRANT PROGRAM AS AUTHORIZED UNDER SECTION SIXTEEN HUNDRED EIGHTY-J OF THE PUBLIC AUTHORITIES LAW, IN A MANNER THAT WILL ENCOURAGE IMPROVEMENTS IN THE OPERATION AND EFFICIEN- CY OF THE AGING SERVICE PROVIDER NETWORK WITHIN THE STATE. SUCH AGREEMENT SHALL INCLUDE CRITERIA, TO BE DEVELOPED BY THE DIRECTOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, TO BE CONSIDERED IN THEIR EVALUATION OF APPLICATIONS AND DETERMINATION OF AWARDS, INCLUDING, BUT NOT LIMITED TO: (I) A DETERMINATION OF ELIGIBLE APPLICANTS, PROVIDED THAT SUCH ELIGI- BLE APPLICANTS SHALL INCLUDE ENTITIES REPRESENTATIVE OF ANY PART OF THE AGING SERVICE PROVIDER NETWORK;
(II) A CONSIDERATION OF STATEWIDE GEOGRAPHIC DISTRIBUTION OF FUNDS; (III) MINIMUM AND MAXIMUM AMOUNTS OF FUNDING TO BE AWARDED UNDER THE PROGRAM; (IV) THE RELATIONSHIP BETWEEN THE PROJECT PROPOSED BY AN APPLICANT AND IDENTIFIED COMMUNITY NEED; AND (V) THE EXTENT TO WHICH THE APPLICANT HAS ACCESS TO ALTERNATIVE FINANCING. A COPY OF SUCH AGREEMENT, AND ANY AMENDMENTS THERETO, SHALL BE PROVIDED TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE DIRECTOR OF THE DIVISION OF BUDGET AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE NO LATER THAN THIRTY DAYS PRIOR TO THE SCHEDULED APPROVAL OF THE FIRST BOND ISSUANCE FOR THE PROGRAM BY THE PUBLIC AUTHORITIES CONTROL BOARD. THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL ALSO REPORT QUARTERLY TO SUCH CHAIRPERSONS ON THE AWARDS MADE THROUGH THE PROGRAM, INCLUDING THE NAME OF THE APPLICANT, A DESCRIPTION OF THE PROJECT AND THE AMOUNT OF THE AWARD. (B) THE DIRECTOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL AWARD GRANTS TO ELIGIBLE APPLICANTS AFTER DUE PUBLIC NOTICE OF THE AVAILABILITY OF FUNDS AND THROUGH A PROCESS WHICH ENSURES TO THE MAXIMUM EXTENT PRACTICABLE AND WHERE APPROPRIATE, COMPE- TITION AMONG SUCH APPLICANTS. (C) THE DIRECTOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL PUBLISH THE PRIORITIES AND GOALS THAT ARE TO BE ACHIEVED THROUGH GRANT FUNDING, AND REGULARLY PROVIDE PUBLIC NOTICE OF THE AVAILABILITY OF FUNDING. (D) FOR EACH PROJECT THAT WILL BE RECOMMENDED FOR APPROVAL, THE DIREC- TOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL REPORT TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE DIRECTOR OF THE DIVISION OF BUDGET AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE HOW THE PROJECT MEETS THE PRIORITIES, GOALS AND CRITERIA ESTABLISHED PURSUANT TO THIS SECTION. 2. CONTRACTS AWARDED TO ELIGIBLE APPLICANTS SHALL REQUIRE THAT WORK PERFORMED THEREUNDER SHALL BE DEEMED "PUBLIC WORK" AND SUBJECT TO AND PERFORMED IN ACCORDANCE WITH ARTICLES EIGHT, NINE AND TEN OF THE LABOR LAW AND THE CONTRACTORS PERFORMING SUCH WORK SHALL BE DEEMED A "STATE AGENCY" FOR THE PURPOSE OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND SUBJECT TO THE PROVISIONS OF SUCH ARTICLE. 3. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, THE DIRECTOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY MAY AWARD, IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE PERCENT OF THE CAPITAL INFRASTRUCTURE IMPROVEMENT AND DEVELOPMENT FOR OLDER NEW YORKERS GRANT PROGRAM ALLOCATION IN ANY GIVEN FISCAL YEAR, GRANTS TO ELIGIBLE APPLI- CANTS WITHOUT THE PROCESS SET FORTH IN SUBDIVISION ONE OF THIS SECTION. WITH RESPECT TO THE PROCESS FOR THE AWARDING OF SUCH FUNDS WITHOUT THE PROCESS SET FORTH IN SUBDIVISION ONE OF THIS SECTION, THE DIRECTOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL DETERMINE ELIGIBLE AWARDEES BASED ON WHETHER THE DIRECTOR IS SATISFIED THAT SUCH AWARDEE IS AN AGING NETWORK SERVICE PROVIDER THAT DELIVERS SERVICES SUPPORTED BY THE STATE OFFICE OF THE AGING AND LOCAL AAA NETWORKS IN COMPLIANCE WITH ALL RULES AND REGULATIONS TO ASSIST OLDER NEW YORKERS TO LIVE INDEPENDENTLY. THESE FUNDS WILL ENSURE THE QUALITY OF COMMUNITY BASED SERVICE PROVIDED THROUGH THE AGING NETWORK REMAIN ACCESSIBLE TO OLDER NEW YORKERS, INCLUDING BUT NOT LIMITED TO SERVICES PROVIDED IN SENIOR CENTERS, RESPITE SITES, NORC SUPPORTED SERVICE, SOCIAL ADULT DAY PROGRAMS SERVICES, AND OTHERS AS DETERMINED BY THE DIRECTOR.
(B) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, OR ANY OTHER INCONSISTENT PROVISION OF LAW, OF THE FUNDS AVAILABLE FOR EXPENDITURE PURSUANT TO THIS SECTION, THIRTY MILLION DOLLARS MAY BE ALLOCATED AND DISTRIBUTED BY THE DIRECTOR WITHOUT A COMPETITIVE OR REQUEST FOR PROPOSAL PROCESS FOR GRANTS TO AGING NETWORK PROVIDERS FOR THE PURPOSE OF FUNDING INFRASTRUCTURE DEVELOPMENT AND IMPROVEMENTS THAT WILL ENSURE THE AGING SERVICE PROVIDER NETWORK'S CAPACITY TO CONTINUE TO SERVE OLDER NEW YORKERS. CONSIDERATION RELIED UPON BY THE DIRECTOR IN DETERMINING THE ALLOCATION AND DISTRIBUTION OF THESE FUNDS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (I) THE QUALITY OF SERVICE OFFERED BY THE PROVIDER; (II) THE ABILITY OF THE SERVICE PROVID- ER TO ACCESS, IN A TIMELY MANNER, ALTERNATIVE SOURCES OF FUNDING, INCLUDING OTHER SOURCES OF GOVERNMENT FUNDING; AND (III) WHETHER ADDI- TIONAL FUNDING WOULD PERMIT THE SERVICE PROVIDER TO ACHIEVE GREATER STABILITY AND EFFICIENCY IN THE DELIVERY OF NEEDED COMMUNITY BASED SERVICES. (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, THE DIRECTOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK MAY AWARD, IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE MILLION DOLLARS OF THE CAPITAL INFRASTRUCTURE IMPROVEMENT AND DEVELOPMENT FOR OLDER NEW YORKERS GRANT PROGRAM ALLOCATED IN ANY GIVEN FISCAL YEAR, GRANTS TO ELIGIBLE APPLICANTS WITHOUT THE PROCESS SET FORTH IN SUBDIVI- SION ONE OF THIS SECTION TO PROVIDE NECESSARY RESTRUCTURING SUPPORT TO AGING SERVICE PROVIDERS TO SUPPORT INFRASTRUCTURE IMPROVEMENT, TECHNOLO- GY UPGRADE, NUTRITION SERVICES TO MEET STATE SANITATION CODES, SERVICE DEMAND, AND OAA NUTRITION STANDARDS, BUILDING REPAIRS AND DESIGN IMPROVEMENTS AND RENOVATIONS, OR FOR ANY OTHER CAPITAL IMPROVEMENT AS APPROVED BY THE DIRECTOR. 4. (A) PRIOR TO AN AWARD BEING GRANTED TO AN ELIGIBLE APPLICANT WITH- OUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, THE DIRECTOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL NOTIFY THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE DIRECTOR OF THE DIVISION OF BUDGET OF THE INTENT TO GRANT SUCH AN AWARD. SUCH NOTICE SHALL INCLUDE INFORMATION REGARDING HOW THE ELIGIBLE APPLICANT MEETS CRITERIA ESTAB- LISHED PURSUANT TO THIS SECTION. (B) WITH RESPECT TO THE PROCESS FOR THE AWARDING OF SUCH FUNDS WITHOUT THE PROCESS SET FORTH IN SUBDIVISION ONE OF THIS SECTION, THE DIRECTOR AND DIRECTOR OF THE DORMITORY AUTHORITY SHALL DETERMINE ELIGIBLE AWAR- DEES BASED ON WHETHER, TO THE SATISFACTION OF THE DIRECTOR: (I) THE APPLICANT PROVIDES AN IMPORTANT SERVICE TO OLDER NEW YORKERS IN ALLOWING THEM TO LIVE INDEPENDENTLY AND AGE IN PLACE; AND (II) THE APPLICANT IS A PROVIDER THAT IS IN JEOPARDY OF DISCONTINUATION OF SERVICES BASED ON AN UNMET NEED FOR INFRASTRUCTURE IMPROVEMENTS, BUILDING REPAIRS, OR DESIGN IMPROVEMENTS AND RENOVATIONS. (C) PRIOR TO AN AWARD BEING GRANTED TO AN ELIGIBLE APPLICANT WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, THE DIRECTOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY SHALL NOTIFY THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE DIRECTOR OF THE BUDGET OF THE INTENT TO GRANT SUCH AN AWARD. SUCH NOTICE SHALL INCLUDE INFORMATION REGARDING HOW THE ELIGIBLE APPLI- CANT MEETS CRITERIA ESTABLISHED PURSUANT TO THIS SECTION. 5. (A) NOTWITHSTANDING SUBDIVISION ONE, TWO OR THREE OF THIS SECTION, THE DIRECTOR, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, MAY EXPEND FUNDS FOR THE PURPOSE OF PROVIDING COST EFFECTIVE INCREASED
ACCESS TO THE CAPITAL MARKETS, INCLUDING BUT NOT LIMITED TO THROUGH THE USE OF MORTGAGE INSURANCE, CREDIT ENHANCEMENT, LETTERS OF CREDIT, BOND INSURANCE OR OTHER ARRANGEMENTS, FOR CAPITAL PROJECTS THAT ARE DETER- MINED TO MEET THE OBJECTIVES OF THIS SECTION. (B) THE DIRECTOR MAY TRANSFER FUNDS TO OTHER STATE AGENCIES OR PUBLIC AUTHORITIES, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, TO EFFEC- TUATE THE PURPOSES OF THIS SUBDIVISION. S 2. The opening paragraph of section 1680-j of the public authorities law, as amended by section 54 of part B of chapter 58 of the laws of 2005, is amended to read as follows: Notwithstanding any other provision of law to the contrary, the dormi- tory authority of the state of New York is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed seven hundred fifty million dollars excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purposes of financing project costs authorized under section twenty-eight hundred eighteen of the public health law AND SECTION TWO HUNDRED SIXTY OF THE ELDER LAW. Of such seven hundred fifty million dollars, ten million dollars shall be made available to the community health centers capital program estab- lished pursuant to section twenty-eight hundred seventeen of the public health law. S 3. This act shall take effect immediately.

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