LBD00397-01-3
S. 441 2
FOR A DURATION OF NOT MORE THAN FIVE YEARS, AND MAY BE RENEWED THEREAFT-
ER BY MAKING APPLICATION TO SUCH DIRECTOR.
2. "COMMUNITY SITE" MEANS A CITY, TOWN, OR VILLAGE, OR A PORTION THER-
EOF DESIGNATED BY SUCH CITY, TOWN, OR VILLAGE, WHICH APPLIES TO BE A
CERTIFIED RETIREMENT COMMUNITY.
3. "ASSESSMENT INSTRUMENT" MEANS AN INSTRUMENT RECOMMENDED BY THE
RETIREMENT COMMUNITY ADVISORY COMMITTEE AND APPROVED BY THE DIRECTOR
THAT WILL ALLOW A COMMUNITY SITE TO ASSESS WHETHER IT HAS THE FACTORS
THAT QUALIFY IT AS A CERTIFIED RETIREMENT COMMUNITY. SUCH ASSESSMENT
INSTRUMENT SHALL PROVIDE A COMMUNITY SITE WITH A MEANS OF EVALUATING
CRITERIA IMPORTANT TO RETIREES, INCLUDING BUT NOT LIMITED TO SUCH
FACTORS AS WHETHER THE COMMUNITY CHARACTERISTICS ADDRESS BASIC NEEDS,
OPTIMIZE PHYSICAL AND MENTAL HEALTH AND WELL-BEING, MAXIMIZE INDEPEND-
ENCE FOR THE FRAIL AND DISABLED, AND PROMOTE SOCIAL AND CIVIC ENGAGE-
MENT, AND SUCH OTHER QUANTITATIVE AND QUALITATIVE FACTORS AS WILL BE
ATTRACTIVE TO RETIREES. SUCH FACTORS WILL BE MADE PUBLIC FOR THOSE
COMMUNITY SITES DESIGNATED AS CERTIFIED RETIREMENT COMMUNITIES. SPECIFIC
FACTORS CONSIDERED MAY INCLUDE:
(A) LOCAL TAXES AND THE EFFECT ON RETIREES WHEN COMBINED WITH STATE
TAXES, TAX CREDITS, AND OTHER TAX PROGRAMS;
(B) HOUSING OPPORTUNITIES AND COST, AND THE CONTINUUM OF HOUSING
OPPORTUNITIES INCLUDING BUT NOT LIMITED TO INDEPENDENT AND SUBSIDIZED
HOUSING, ASSISTED LIVING AND SHARED HOUSING OPPORTUNITIES AND INCLUDING
HOUSING OPPORTUNITIES WHICH ACCOMMODATE MOBILITY AND SAFETY;
(C) CLIMATE;
(D) PERSONAL SAFETY;
(E) WORK OPPORTUNITIES;
(F) HEALTH CARE SERVICES AND OTHER SERVICES ALONG THE CONTINUUM OF
SERVICES INCLUDING, BUT NOT LIMITED TO, HOME AND COMMUNITY BASED
SERVICES;
(G) TRANSPORTATION, INCLUDING WHETHER SUCH TRANSPORTATION IS ACCESSI-
BLE AND AFFORDABLE;
(H) CONTINUING EDUCATION, INCLUDING CREDIT AND NON-CREDIT COURSE
OPPORTUNITIES AND COSTS;
(I) SPORTS AND RECREATION OPPORTUNITIES, INCLUDING ACTIVE AND PASSIVE
OPPORTUNITIES;
(J) THE PERFORMING ARTS, FESTIVALS, AND EVENTS;
(K) THE ABILITY OF THE SERVICE SYSTEM TO AID OR ENABLE PEOPLE TO LIVE
COMFORTABLY AND SAFELY AT HOME; AND
(L) SUCH OTHER FACTORS AS SHALL BE DETERMINED BY THE ADVISORY COMMIT-
TEE AND APPROVED BY THE DIRECTOR, PROVIDED THAT THE DIRECTOR, ON ADVICE
OF THE ADVISORY COMMITTEE, MAY MODIFY THE FACTORS LISTED IN THIS SUBDI-
VISION IN FAVOR OF OTHER MEASURES, CRITERIA, AND METRICS.
4. "RETIREMENT COMMUNITY ADVISORY COMMITTEE" OR "ADVISORY COMMITTEE"
SHALL MEAN AN ADVISORY COMMITTEE OF FIFTEEN PERSONS WHOSE PURPOSE SHALL
BE TO REVIEW COMPLETED ASSESSMENT INSTRUMENTS FROM COMMUNITY SITES AND
MAKE RECOMMENDATIONS TO THE DIRECTOR, AND TO MAKE RECOMMENDATIONS
CONCERNING THE CONDUCT AND SCOPE OF THE NEW YORK CERTIFIED RETIREMENT
COMMUNITY PROGRAM, AND FOR IMPROVING ITS EFFECTIVENESS, TO THE DIRECTOR.
MEMBERS OF THE ADVISORY COMMITTEE SHALL INCLUDE, EX OFFICIO, THE FOLLOW-
ING: THE SECRETARY OF STATE, THE CHANCELLOR OF THE STATE UNIVERSITY OF
NEW YORK, THE COMMISSIONER OF EDUCATION, THE COMMISSIONER OF HEALTH, THE
COMMISSIONER OF THE DEPARTMENT OF LABOR, THE COMMISSIONER OF CHILDREN
AND FAMILY SERVICES, AND THE COMMISSIONER OF TAXATION AND FINANCE. THE
GOVERNOR SHALL APPOINT AN ADDITIONAL EIGHT PERSONS TO THE ADVISORY
COMMITTEE, OF WHOM TWO SHALL BE ON THE RECOMMENDATION OF THE TEMPORARY
S. 441 3
PRESIDENT OF THE SENATE, TWO ON THE RECOMMENDATION OF THE SPEAKER OF THE
ASSEMBLY, ONE ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
SENATE, AND ONE ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
ASSEMBLY. ALL SUCH APPOINTEES SHALL HAVE THE EXPERTISE IN THE AREA OF
RETIREMENT AND RETIREMENT COMMUNITIES. THE GOVERNOR SHALL DESIGNATE A
CHAIR OF THE ADVISORY COMMITTEE FROM AMONG THE MEMBERS. THE DIRECTOR
SHALL ATTEND MEETINGS BUT SHALL NOT BE A VOTING MEMBER. ALL EX OFFICIO
MEMBERS MAY DESIGNATE AN ALTERNATE, WHO SHALL HAVE THE FULL POWER TO ACT
ON BEHALF OF THE OFFICIAL. THE WORK OF THE COMMITTEE SHALL BEGIN AS SOON
AS A QUORUM IS ESTABLISHED BY THE APPOINTMENT OF A MAJORITY OF THE
MEMBERS TO BE DESIGNATED PURSUANT TO THIS SUBDIVISION, AND THE FAILURE
OF ANY INDIVIDUAL OR INSTITUTION TO MAKE RECOMMENDATIONS TO THE GOVERNOR
FOR APPOINTMENT TO THE COMMITTEE SHALL NOT BE A SUFFICIENT REASON TO
DELAY THE WORK OF THE COMMITTEE.
5. "RETIREE" MEANS A PERSON WHO IS AGED FIFTY-FIVE OR OLDER AND WHO IS
RETIRING OR IS PLANNING TO RETIRE FROM HIS OR HER CURRENT EMPLOYMENT.
S 311. THE NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM; CREATION.
THE NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM IS HEREBY CREATED
WITHIN THE OFFICE, WHERE IT SHALL BE KNOWN AND MAY BE REFERRED TO AS THE
NEW YORK LIVABLE INTEGRATED ELDER FRIENDLY RETIREMENT COMMUNITIES (NEW
YORK LIFE) PROGRAM. ITS PURPOSE SHALL BE TO PROMOTE THE COMMUNITY SITES
CHOSEN AS CERTIFIED RETIREMENT COMMUNITIES AS PREMIER RETIREMENT DESTI-
NATIONS FOR RETIREES AND PROSPECTIVE RETIREES, AND TO ASSIST SUCH
CITIES, TOWNS, VILLAGES AND PORTIONS THEREOF IN PROVIDING AND ENHANCING
AMENITIES THAT RETIREES WILL FIND ATTRACTIVE AND IN MARKETING THEMSELVES
THROUGH SUCH MEANS AS JOINT STATE-LOCAL AND PRIVATE MARKETING EFFORTS,
TECHNICAL ASSISTANCE, NETWORKING OPPORTUNITIES AND OTHER SUPPORTS.
S 312. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS AND DECLARES
THAT THE NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM CREATED PURSU-
ANT TO THIS ARTICLE IN EVERY RESPECT SERVES AN APPROPRIATE PUBLIC
PURPOSE OF THE STATE AND ALL OF ITS CITIZENS BY PROVIDING ENHANCED
OPPORTUNITIES FOR QUALITY OF LIFE FOR SENIORS AND RETIREES, EXPANSION OF
COMMUNITY AND ECONOMIC DEVELOPMENT OPPORTUNITIES, AND AS A MEANS OF
ENRICHING THE MANY DIVERSE COMMUNITIES OF THIS STATE.
S 313. RULES AND REGULATIONS. THE DIRECTOR SHALL ADOPT RULES AND REGU-
LATIONS ESTABLISHING THE MANNER BY WHICH A COMMUNITY SITE MAY BE
INITIALLY DESIGNATED AND SUBSEQUENTLY RETAIN OR RENEW ITS STATUS AS A
CERTIFIED RETIREMENT COMMUNITY. IN ADOPTING SUCH RULES AND REGULATIONS,
THE DIRECTOR SHALL CONSULT WITH THE ADVISORY COMMITTEE.
S 314. DESIGNATION. 1. IN ORDER TO BE DESIGNATED AS A CERTIFIED
RETIREMENT PROGRAM PURSUANT TO THIS SECTION, THE GOVERNING BODY OF A
CITY, TOWN OR VILLAGE WHICH IS OR WHICH CONTAINS A COMMUNITY SITE SHALL
SUBMIT AN APPLICATION TO THE DIRECTOR UPON A FORM ESTABLISHED BY THE
DIRECTOR AND ACCOMPANIED BY A RESOLUTION OF SUCH BODY STATING ITS DESIRE
FOR THE COMMUNITY SITE TO BE DESIGNATED AS A CERTIFIED RETIREMENT COMMU-
NITY, ALONG WITH THE COMPLETED ASSESSMENT INSTRUMENT AND AT THE OPTION
OF SUCH GOVERNING BODY OR IF REQUIRED BY THE DIRECTOR, ANY ADDITIONAL
SUPPORTING DATA THAT SHALL FURTHER EXPLICATE THE ABILITY OF THE COMMUNI-
TY TO MEET THE PURPOSES AND GOALS OF THE PROGRAM. IN THE CASE OF A
COMMUNITY SITE WHICH IS LOCATED WITHIN A VILLAGE AND A TOWN, ONLY THE
VILLAGE NEED SUBMIT THE APPLICATION AND PROVIDE THE RESOLUTION, AND IN
THE CASE OF A COMMUNITY SITE LOCATED IN MORE THAN ONE ADJACENT MUNICI-
PALITY, ALL SUCH ADJACENT VILLAGES OR TOWNS SHALL SUBMIT THE APPLICATION
AND RESOLUTIONS.
2. THE ADVISORY COMMITTEE SHALL REVIEW THE APPLICATION AND ALL
SUPPORTING MATERIALS AND SHALL ADVISE THE DIRECTOR AS TO WHETHER THE
S. 441 4
COMMUNITY SITE MEETS THE REQUIREMENTS OF BECOMING A NEW YORK CERTIFIED
RETIREMENT COMMUNITY PROGRAM BY MEETING OR EXCEEDING EACH METRIC OF THE
REQUIRED CRITERIA ON THE ASSESSMENT INSTRUMENT.
3. IF THE ADVISORY COMMITTEE ADVISES THE DIRECTOR THAT THE COMMUNITY
SITE MEETS THE REQUIREMENTS, THEN THE DIRECTOR SHALL TELL THE COMMUNITY
SITE SPONSORS AND MUNICIPALITIES IN WRITING THAT IT MAY ADVERTISE ITSELF
AS A NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM, AND WILL BE ELIGI-
BLE FOR SUPPORT, ADVICE, AND HELP PURSUANT TO THE NEW YORK CERTIFIED
RETIREMENT COMMUNITY PROGRAM.
4. IF THE ADVISORY COMMITTEE ADVICES THE DIRECTOR THAT THE COMMUNITY
SITE DOES NOT MEET THE REQUIREMENTS OF THIS ARTICLE, THEN THE DIRECTOR
SHALL NOTIFY THE COMMUNITY SITE SPONSORS AND MUNICIPALITIES IN WRITING
OF THE DEFICIENCIES IN ITS APPLICATION. THE DIRECTOR SHALL DESCRIBE THE
DEFICIENCIES AND SUGGEST A MEANS OF ADDRESSING THEM.
S 315. NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM; LOCAL COMMIT-
TEES. UPON DESIGNATION AS A CERTIFIED RETIREMENT COMMUNITY, THE COMMU-
NITY SITE SHALL ESTABLISH A RETIREMENT COMMUNITY STEERING COMMITTEE AND
NOT LESS THAN FOUR SUBCOMMITTEES AS FOLLOWS:
1. A "COMMUNITY AMENITIES SUBCOMMITTEE" WHICH SHALL DEVELOP A PORTFO-
LIO CONTAINING AN UNBIASED INVENTORY OF COMMUNITY AMENITIES AS SHALL
FURTHER BE DEFINED BY THE DIRECTOR;
2. A "COMMUNITY RELATIONS/FUNDRAISING SUBCOMMITTEE" WHICH SHALL RAISE
FUNDS REQUIRED TO CONDUCT THE PROGRAM, ORGANIZE SPECIAL EVENTS, AND
PROMOTE AND COORDINATE THE PROGRAM WITH LOCAL ENTITIES;
3. A "MARKETING AND PROMOTION SUBCOMMITTEE" WHICH SHALL DEVELOP A
MARKETING PLAN, AND COORDINATE ADVERTISING AND PUBLIC RELATIONS; AND
4. AN "AMBASSADORS SUBCOMMITTEE" WHICH SHALL CONTACT WITH PROSPECTIVE
RETIREES, RESPOND TO INQUIRIES FROM SUCH PROSPECTS, LOG CONTACTS MADE,
PROVIDE TOURS AND INVITE PROSPECTS TO SPECIAL COMMUNITY EVENTS.
S 316. NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM; ASSISTANCE. 1.
THE DIRECTOR SHALL, WITHIN FUNDS APPROPRIATED TO THE NEW YORK CERTIFIED
RETIREMENT COMMUNITY PROGRAM, PROVIDE ONGOING ASSISTANCE TO NEW YORK
CERTIFIED RETIREMENT COMMUNITY PROGRAMS, INCLUDING BUT NOT LIMITED TO:
(A) TRAINING OF LOCAL STAFF AND VOLUNTEERS;
(B) OVERSIGHT AND GUIDANCE IN MARKETING, AND UPDATING ON NATIONAL
RETIREMENT TRENDS;
(C) PROMOTING THE COMMUNITY THROUGH INCLUSION IN THE STATE'S NATIONAL
ADVERTISING AND PUBLIC RELATIONS CAMPAIGNS, TRAVEL SHOW PROMOTIONS AND
ON APPROPRIATE STATE INTERNET WEBSITES; AND
(D) FINANCIAL ASSISTANCE FOR BROCHURES, SUPPORT MATERIAL AND ADVERTIS-
ING.
2. AS APPROPRIATE, THE DIRECTOR SHALL SEEK THE HELP OF THE ADVISORY
COMMITTEE, OR MEMBERS THEREOF, IN HELPING TO PROMOTE AND MARKET NEW YORK
CERTIFIED RETIREMENT COMMUNITY PROGRAMS. EACH INDIVIDUAL MEMBER OF THE
COMMITTEE IS HEREBY AUTHORIZED TO PROVIDE ANY SUCH ASSISTANCE REQUESTED.
S 317. REPORT. THE DIRECTOR SHALL PROVIDE AN ANNUAL REPORT TO THE
GOVERNOR AND THE LEGISLATURE ON THE DESIGNATION AND STATUS OF CERTIFIED
RETIREMENT COMMUNITIES WITHIN THE STATE, AND THEIR SUCCESS IN ATTRACTING
AND RETAINING RETIREES AND IN CREATING NEW YORK CERTIFIED RETIREMENT
COMMUNITIES DESTINATION COMMUNITIES. SUCH REPORT SHALL INCLUDE ANY
RECOMMENDATIONS BY THE DIRECTOR FOR IMPROVING OR CHANGING THE PROGRAM.
S 318. ASSISTANCE OF OTHER AGENCIES. THE DIRECTOR MAY SEEK AND SHALL
BE ENTITLED TO RECEIVE FROM OTHER STATE AGENCIES SUCH ASSISTANCE AS MAY
BE REQUIRED TO PERFORM SUCH DIRECTOR'S DUTIES PURSUANT TO THIS ARTICLE.
S 3. This act shall take effect on the first of April of the calendar
year next succeeding the year in which it shall have become a law,
S. 441 5
provided that the director of the office for the aging shall implement
any rules and regulations and may produce any documents or guidelines
necessary to implement the program created by this act prior to such
date.