S T A T E O F N E W Y O R K
________________________________________________________________________
348
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. DINOWITZ, WEPRIN -- read once and referred 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 (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 EFFICIENCY
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01556-01-3
A. 348 2
(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 FOR 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 SERVICES PROVIDED THROUGH THE AGING NETWORK REMAIN
ACCESSIBLE TO OLDER NEW YORKERS, INCLUDING BUT NOT LIMITED TO SERVICES
A. 348 3
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.
A. 348 4
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.