S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          626
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       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:
    1    Section 1. Article 2 of the elder law is amended by adding a new title
    2  4 to read as follows:
    3                                   TITLE 4
    4        CAPITAL INFRASTRUCTURE IMPROVEMENT AND DEVELOPMENT FOR OLDER
    5                          NEW YORKERS GRANT PROGRAM
    6  SECTION 260. CAPITAL  INFRASTRUCTURE  IMPROVEMENT  AND  DEVELOPMENT  FOR
    7                 OLDER NEW YORKERS (CIID NY) GRANT PROGRAM.
    8    S 260. CAPITAL INFRASTRUCTURE IMPROVEMENT AND  DEVELOPMENT  FOR  OLDER
    9  NEW  YORKERS  (CIID  NY) GRANT PROGRAM. 1. (A) THE DIRECTOR OF THE STATE
   10  OFFICE FOR THE AGING AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF  THE
   11  STATE OF NEW YORK SHALL ENTER INTO AN AGREEMENT, SUBJECT TO THE APPROVAL
   12  OF  THE  DIRECTOR  OF  THE  BUDGET, FOR THE PURPOSE OF ADMINISTERING THE
   13  FUNDS AVAILABLE TO THE CAPITAL INFRASTRUCTURE IMPROVEMENT  AND  DEVELOP-
   14  MENT  FOR  OLDER NEW YORKERS (CIID NY) GRANT PROGRAM AS AUTHORIZED UNDER
   15  SECTION SIXTEEN HUNDRED EIGHTY-J OF THE PUBLIC  AUTHORITIES  LAW,  IN  A
   16  MANNER  THAT WILL ENCOURAGE IMPROVEMENTS IN THE OPERATION AND EFFICIENCY
   17  OF THE AGING SERVICE PROVIDER NETWORK WITHIN THE STATE.
   18    SUCH AGREEMENT SHALL INCLUDE CRITERIA, TO BE DEVELOPED BY THE DIRECTOR
   19  AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, TO
   20  BE CONSIDERED IN THEIR EVALUATION OF APPLICATIONS AND  DETERMINATION  OF
   21  AWARDS, INCLUDING, BUT NOT LIMITED TO:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01980-01-5
       S. 626                              2
    1    (I)  A DETERMINATION OF ELIGIBLE APPLICANTS, PROVIDED THAT SUCH ELIGI-
    2  BLE APPLICANTS SHALL INCLUDE ENTITIES REPRESENTATIVE OF ANY PART OF  THE
    3  AGING SERVICE PROVIDER NETWORK;
    4    (II) A CONSIDERATION OF STATEWIDE GEOGRAPHIC DISTRIBUTION OF FUNDS;
    5    (III)  MINIMUM  AND MAXIMUM AMOUNTS OF FUNDING TO BE AWARDED UNDER THE
    6  PROGRAM;
    7    (IV) THE RELATIONSHIP BETWEEN THE PROJECT PROPOSED BY AN APPLICANT AND
    8  IDENTIFIED COMMUNITY NEED; AND
    9    (V) THE EXTENT TO  WHICH  THE  APPLICANT  HAS  ACCESS  TO  ALTERNATIVE
   10  FINANCING.
   11    A  COPY  OF  SUCH  AGREEMENT,  AND  ANY  AMENDMENTS  THERETO, SHALL BE
   12  PROVIDED TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  DIRECTOR  OF
   13  THE  DIVISION  OF  BUDGET  AND  THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
   14  COMMITTEE NO LATER THAN THIRTY DAYS PRIOR TO THE SCHEDULED  APPROVAL  OF
   15  THE  FIRST  BOND  ISSUANCE  FOR  THE  PROGRAM  BY THE PUBLIC AUTHORITIES
   16  CONTROL BOARD. THE DORMITORY AUTHORITY OF THE STATE OF  NEW  YORK  SHALL
   17  ALSO  REPORT  QUARTERLY  TO SUCH CHAIRPERSONS ON THE AWARDS MADE THROUGH
   18  THE PROGRAM, INCLUDING THE NAME OF THE APPLICANT, A DESCRIPTION  OF  THE
   19  PROJECT AND THE AMOUNT OF THE AWARD.
   20    (B)  THE  DIRECTOR  AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE
   21  STATE OF NEW YORK SHALL AWARD GRANTS TO ELIGIBLE  APPLICANTS  AFTER  DUE
   22  PUBLIC  NOTICE  OF THE AVAILABILITY OF FUNDS AND THROUGH A PROCESS WHICH
   23  ENSURES TO THE MAXIMUM EXTENT PRACTICABLE AND WHERE APPROPRIATE,  COMPE-
   24  TITION AMONG SUCH APPLICANTS.
   25    (C)  THE  DIRECTOR  AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE
   26  STATE OF NEW YORK SHALL PUBLISH THE PRIORITIES AND GOALS THAT ARE TO  BE
   27  ACHIEVED  THROUGH  GRANT FUNDING, AND REGULARLY PROVIDE PUBLIC NOTICE OF
   28  THE AVAILABILITY OF FUNDING.
   29    (D) FOR EACH PROJECT THAT WILL BE RECOMMENDED FOR APPROVAL, THE DIREC-
   30  TOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK
   31  SHALL REPORT TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  DIRECTOR
   32  OF  THE  DIVISION OF BUDGET AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
   33  COMMITTEE HOW THE PROJECT  MEETS  THE  PRIORITIES,  GOALS  AND  CRITERIA
   34  ESTABLISHED PURSUANT TO THIS SECTION.
   35    2.  CONTRACTS  AWARDED  TO ELIGIBLE APPLICANTS SHALL REQUIRE THAT WORK
   36  PERFORMED THEREUNDER SHALL BE DEEMED "PUBLIC WORK" AND  SUBJECT  TO  AND
   37  PERFORMED  IN  ACCORDANCE WITH ARTICLES EIGHT, NINE AND TEN OF THE LABOR
   38  LAW AND THE CONTRACTORS PERFORMING SUCH WORK SHALL BE  DEEMED  A  "STATE
   39  AGENCY"  FOR  THE  PURPOSE OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND
   40  SUBJECT TO THE PROVISIONS OF SUCH ARTICLE.
   41    3. (A) NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
   42  SECTION,  THE  DIRECTOR  AND THE DIRECTOR OF THE DORMITORY AUTHORITY MAY
   43  AWARD, IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE  PERCENT  OF  THE  CAPITAL
   44  INFRASTRUCTURE  IMPROVEMENT  AND DEVELOPMENT FOR OLDER NEW YORKERS GRANT
   45  PROGRAM ALLOCATION IN ANY GIVEN FISCAL YEAR, GRANTS TO  ELIGIBLE  APPLI-
   46  CANTS  WITHOUT THE PROCESS SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
   47  WITH RESPECT TO THE PROCESS FOR THE AWARDING OF SUCH FUNDS  WITHOUT  THE
   48  PROCESS  SET  FORTH IN SUBDIVISION ONE OF THIS SECTION, THE DIRECTOR AND
   49  THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW  YORK  SHALL
   50  DETERMINE  ELIGIBLE  AWARDEES BASED ON WHETHER THE DIRECTOR IS SATISFIED
   51  THAT SUCH AWARDEE IS AN AGING NETWORK  SERVICE  PROVIDER  THAT  DELIVERS
   52  SERVICES  SUPPORTED  BY  THE  STATE  OFFICE  FOR THE AGING AND LOCAL AAA
   53  NETWORKS IN COMPLIANCE WITH ALL RULES AND REGULATIONS  TO  ASSIST  OLDER
   54  NEW  YORKERS  TO LIVE INDEPENDENTLY. THESE FUNDS WILL ENSURE THE QUALITY
   55  OF COMMUNITY BASED SERVICES PROVIDED THROUGH THE  AGING  NETWORK  REMAIN
   56  ACCESSIBLE  TO  OLDER NEW YORKERS, INCLUDING BUT NOT LIMITED TO SERVICES
       S. 626                              3
    1  PROVIDED IN SENIOR  CENTERS,  RESPITE  SITES,  NORC  SUPPORTED  SERVICE,
    2  SOCIAL  ADULT  DAY  PROGRAMS  SERVICES,  AND OTHERS AS DETERMINED BY THE
    3  DIRECTOR.
    4    (B) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, SECTIONS
    5  ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW,
    6  OR  ANY  OTHER INCONSISTENT PROVISION OF LAW, OF THE FUNDS AVAILABLE FOR
    7  EXPENDITURE PURSUANT TO THIS SECTION,  THIRTY  MILLION  DOLLARS  MAY  BE
    8  ALLOCATED  AND  DISTRIBUTED  BY  THE  DIRECTOR  WITHOUT A COMPETITIVE OR
    9  REQUEST FOR PROPOSAL PROCESS FOR GRANTS TO AGING NETWORK  PROVIDERS  FOR
   10  THE  PURPOSE OF FUNDING INFRASTRUCTURE DEVELOPMENT AND IMPROVEMENTS THAT
   11  WILL ENSURE THE AGING SERVICE PROVIDER NETWORK'S CAPACITY TO CONTINUE TO
   12  SERVE OLDER NEW YORKERS. CONSIDERATION RELIED UPON BY  THE  DIRECTOR  IN
   13  DETERMINING  THE  ALLOCATION  AND  DISTRIBUTION  OF  THESE  FUNDS  SHALL
   14  INCLUDE, BUT NOT BE LIMITED  TO,  THE  FOLLOWING:  (I)  THE  QUALITY  OF
   15  SERVICE OFFERED BY THE PROVIDER; (II) THE ABILITY OF THE SERVICE PROVID-
   16  ER  TO  ACCESS,  IN  A  TIMELY  MANNER,  ALTERNATIVE SOURCES OF FUNDING,
   17  INCLUDING OTHER SOURCES OF GOVERNMENT FUNDING; AND (III)  WHETHER  ADDI-
   18  TIONAL  FUNDING  WOULD  PERMIT  THE  SERVICE PROVIDER TO ACHIEVE GREATER
   19  STABILITY AND EFFICIENCY IN  THE  DELIVERY  OF  NEEDED  COMMUNITY  BASED
   20  SERVICES.
   21    (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
   22  THE DIRECTOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF
   23  NEW  YORK  MAY  AWARD,  IN  AN  AMOUNT NOT TO EXCEED TWENTY-FIVE MILLION
   24  DOLLARS OF THE CAPITAL INFRASTRUCTURE IMPROVEMENT  AND  DEVELOPMENT  FOR
   25  OLDER  NEW  YORKERS  GRANT  PROGRAM  ALLOCATED IN ANY GIVEN FISCAL YEAR,
   26  GRANTS TO ELIGIBLE APPLICANTS WITHOUT THE PROCESS SET FORTH IN  SUBDIVI-
   27  SION  ONE  OF THIS SECTION TO PROVIDE NECESSARY RESTRUCTURING SUPPORT TO
   28  AGING SERVICE PROVIDERS TO SUPPORT INFRASTRUCTURE IMPROVEMENT, TECHNOLO-
   29  GY UPGRADE, NUTRITION SERVICES TO MEET STATE SANITATION  CODES,  SERVICE
   30  DEMAND,  AND  OAA  NUTRITION  STANDARDS,  BUILDING  REPAIRS  AND  DESIGN
   31  IMPROVEMENTS AND RENOVATIONS, OR FOR ANY OTHER  CAPITAL  IMPROVEMENT  AS
   32  APPROVED BY THE DIRECTOR.
   33    4.  (A) PRIOR TO AN AWARD BEING GRANTED TO AN ELIGIBLE APPLICANT WITH-
   34  OUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, THE DIRECTOR  AND
   35  THE  DIRECTOR  OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL
   36  NOTIFY THE CHAIR OF THE SENATE  FINANCE  COMMITTEE,  THE  CHAIR  OF  THE
   37  ASSEMBLY  WAYS  AND  MEANS COMMITTEE AND THE DIRECTOR OF THE DIVISION OF
   38  BUDGET OF THE INTENT TO GRANT SUCH AN AWARD. SUCH NOTICE  SHALL  INCLUDE
   39  INFORMATION  REGARDING  HOW THE ELIGIBLE APPLICANT MEETS CRITERIA ESTAB-
   40  LISHED PURSUANT TO THIS SECTION.
   41    (B) WITH RESPECT TO THE PROCESS FOR THE AWARDING OF SUCH FUNDS WITHOUT
   42  THE PROCESS SET FORTH IN SUBDIVISION ONE OF THIS SECTION,  THE  DIRECTOR
   43  AND  DIRECTOR  OF THE DORMITORY AUTHORITY SHALL DETERMINE ELIGIBLE AWAR-
   44  DEES BASED ON WHETHER, TO THE SATISFACTION OF THE  DIRECTOR:    (I)  THE
   45  APPLICANT PROVIDES AN IMPORTANT SERVICE TO OLDER NEW YORKERS IN ALLOWING
   46  THEM TO LIVE INDEPENDENTLY AND AGE IN PLACE; AND (II) THE APPLICANT IS A
   47  PROVIDER  THAT IS IN JEOPARDY OF DISCONTINUATION OF SERVICES BASED ON AN
   48  UNMET NEED FOR INFRASTRUCTURE IMPROVEMENTS, BUILDING REPAIRS, OR  DESIGN
   49  IMPROVEMENTS AND RENOVATIONS.
   50    (C) PRIOR TO AN AWARD BEING GRANTED TO AN ELIGIBLE APPLICANT WITHOUT A
   51  COMPETITIVE  BID  OR  REQUEST FOR PROPOSAL PROCESS, THE DIRECTOR AND THE
   52  DIRECTOR OF THE DORMITORY AUTHORITY SHALL NOTIFY THE CHAIR OF THE SENATE
   53  FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS  AND  MEANS  COMMITTEE
   54  AND  THE  DIRECTOR  OF  THE BUDGET OF THE INTENT TO GRANT SUCH AN AWARD.
   55  SUCH NOTICE SHALL INCLUDE INFORMATION REGARDING HOW THE ELIGIBLE  APPLI-
   56  CANT MEETS CRITERIA ESTABLISHED PURSUANT TO THIS SECTION.
       S. 626                              4
    1    5.  (A) NOTWITHSTANDING SUBDIVISION ONE, TWO OR THREE OF THIS SECTION,
    2  THE DIRECTOR, WITH THE APPROVAL OF  THE  DIRECTOR  OF  THE  BUDGET,  MAY
    3  EXPEND  FUNDS  FOR  THE  PURPOSE  OF  PROVIDING COST EFFECTIVE INCREASED
    4  ACCESS TO THE CAPITAL MARKETS, INCLUDING BUT NOT LIMITED TO THROUGH  THE
    5  USE  OF  MORTGAGE INSURANCE, CREDIT ENHANCEMENT, LETTERS OF CREDIT, BOND
    6  INSURANCE OR OTHER ARRANGEMENTS, FOR CAPITAL PROJECTS  THAT  ARE  DETER-
    7  MINED TO MEET THE OBJECTIVES OF THIS SECTION.
    8    (B)  THE DIRECTOR MAY TRANSFER FUNDS TO OTHER STATE AGENCIES OR PUBLIC
    9  AUTHORITIES, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, TO  EFFEC-
   10  TUATE THE PURPOSES OF THIS SUBDIVISION.
   11    S 2. The opening paragraph of section 1680-j of the public authorities
   12  law,  as  amended  by  section 54 of part B of chapter 58 of the laws of
   13  2005, is amended to read as follows:
   14    Notwithstanding any other provision of law to the contrary, the dormi-
   15  tory authority of the state of New York is hereby  authorized  to  issue
   16  bonds  or  notes  in one or more series in an aggregate principal amount
   17  not to exceed seven hundred fifty million dollars excluding bonds issued
   18  to fund one or more debt service reserve funds, to pay costs of issuance
   19  of such bonds, and bonds or notes issued to refund  or  otherwise  repay
   20  such  bonds  or  notes  previously issued, for the purposes of financing
   21  project costs authorized under section twenty-eight hundred eighteen  of
   22  the  public  health  law AND SECTION TWO HUNDRED SIXTY OF THE ELDER LAW.
   23  Of such seven hundred fifty million dollars, ten million  dollars  shall
   24  be made available to the community health centers capital program estab-
   25  lished  pursuant to section twenty-eight hundred seventeen of the public
   26  health law.
   27    S 3. This act shall take effect immediately.