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A06233 Summary:

BILL NOA06233
 
SAME ASNo Same As
 
SPONSORWeprin
 
COSPNSR
 
MLTSPNSR
 
Add Art 19-E §§460 - 467, rpld §559, Art 25, Exec L; rpld Art 23-A, Ed L; rpld Art 25, Priv Hous Fin L
 
Establishes the office of community living to advocate on behalf of persons with disabilities and assure that persons with disabilities are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of the state of New York and to promote and fund services that assist persons with disabilities to live independently in their home communities.
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A06233 Actions:

BILL NOA06233
 
04/03/2023referred to governmental operations
01/03/2024referred to governmental operations
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A06233 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6233
 
SPONSOR: Weprin
  TITLE OF BILL: An act to amend the executive law, in relation to establishing the office of community living; and to repeal certain provisions of the executive law, the education law and the private housing finance law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: Since the Office of the Advocate of Persons with Disabilities was elimi- nated, there has been no state agency charged with addressing the needs of the disabled community. The creation of an Office on Community Living, would provide a focal point within state government. to address the • community integration needs of people with disabilities and it would be a powerful force to ensure that people with disabilities receive needed supports and services without being forced into insti- tutions.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Establishes purpose, powers, and responsibilities of the Office of Community Living. This section outlines the general responsi- bilities of the director, additional powers of the Office of Community Living, the most integrated setting coordinating council, the role of independent living centers, and the New York access to home program. Section 2: Repeals Article 25 of the executive law. Section 3: Repeals Section 559 of the executive law. Section 4: Repeals Article 23-A of the education law. Section 5: Repeals Article 25 of the private housing finance law. Section 6: Effective date of April 1, 2017, provided that the governor is authorized to take whatever steps are necessary to effectively and efficiently transfer the functions transferred to the Office of Communi- ty Living from other agencies of the state so that the Office may fully operate on the effective date of this act.   JUSTIFICATION: Last year's budget (2015-16 SFY) called for a stakeholder process, under the leadership of the Commissioner of the Office for the Aging (NYSOFA), to discuss the creation of a new Office on Community Living (OCL), with a focus on furthering the Governor's Olmstead Plan and strengthening the No Wrong Door approach to service delivery. That stakeholder process resulted in a report, which identified a number of gaps in existing services and areas for improvement in coordination of service delivery. The study also highlighted the fact that - since the elimination of the Office of the Advocate of Persons with Disabilities - there has been no state agency charged with addressing the needs of the disability commu- nity. Additionally, during the stakeholder process, the state did not present any model of what the OCL could look like or how it could oper- ate. Consequently, the lack of specifics - combined with misinformation on the proposal - caused some stakeholders to fear that the OCL was merely an attempt to eliminate NYSOFA. Stakeholders from the disability community presented models to both the aging community and the. state in which NYSOFA would be preserved.. Ultimately the disability community - which,. again, has no state agency dedicated to its unique needs - came to the conclusion that that the state really needs to create OCL as an independent office dedicated to the needs of the disability community, leaving NYSOFA as a freestanding state office. In fact, at the public hearing the Task Force sponsored last fall on this issue, advocates called upon the Assembly to strongly consider the creation of an inde- pendent OCL to resolve the issue. The office would bring together the Independent Living Centers from the Department of Education, Access to Home from the Division of Homes and Community Renewal, the TRAID program from the Justice Center, and commu- nity integration programs from the Department of Health. The Office would also assume coordination of the Most Integrated Setting Coordinat- ing Council (MISCC) currently under the auspices of the Office for Persons with Developmental Disabilities (OPWDD). The creation of an Office on Community Living would provide a focal point within state government to address the community integration needs of people with disabilities and it would be a powerful force to ensure that people with disabilities receive needed supports and services with- out being forced into institutions. FurthermOre, creating the Office on Community Living as part of the budget process, without making changes to NYSOFA, would address. the significant and vital concerns being raised by the disability community while preserving the vital independ- ent role that NYSOFA plays.   PRIOR LEGISLATIVE HISTORY: 02/10/17 referred to governmental operations 01/03/18 referred to governmental operations 05/09/18 amend and recommit to governmental operations   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: Effective date of April 1, 2019, provided that the governor is author- ized to take whatever steps are necessary to effectively and efficient- ly. transfer the functions transferred to the Office of Community Living from other agencies of the state so that the Office may fully operate on the effective date of this act.
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A06233 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6233
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 3, 2023
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Governmental Operations
 
        AN  ACT  to  amend  the  executive  law, in relation to establishing the
          office of community living; and to repeal certain  provisions  of  the
          executive  law,  the education law and the private housing finance law
          relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The executive law is amended by adding a new article 19-E
     2  to read as follows:
     3                                ARTICLE 19-E
     4                         OFFICE OF COMMUNITY LIVING
     5  Section 460. Purpose.
     6          461. Office of community living.
     7          462. Director; general responsibilities.
     8          463. Additional powers of the office of community living.
     9          464. Most integrated setting coordinating council.
    10          465. Independent living centers.
    11          466. New York access to home program.
    12          467. Other responsibilities of the office of community living.
    13    § 460. Purpose. Persons with disabilities comprise a major segment  of
    14  the  state  of  New  York's  population  and  their particular needs and
    15  concerns must be considered as an integral  part  of  the  planning  and
    16  implementation  of all state programs and services affecting their lives
    17  and well-being. The office shall advocate  on  behalf  of  persons  with
    18  disabilities  and assure that persons with disabilities are afforded the
    19  opportunity to exercise all of the rights and responsibilities  accorded
    20  to  citizens  of  this  state,  and  will promote and fund services that
    21  assist persons with disabilities to live  independently  in  their  home
    22  communities.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10075-01-3

        A. 6233                             2
 
     1    §  461. Office of community living. There is hereby established within
     2  the executive department an office of community living.  The  office  of
     3  community  living  shall  advise  and  assist the governor in developing
     4  policies designed to help meet the needs of  persons  with  disabilities
     5  and  to encourage the full participation of persons with disabilities in
     6  society.  The office of community living shall be the state's  coordina-
     7  tor  for  implementation of the Americans with Disabilities Act, and, as
     8  such, is charged with coordinating state activities  which  insure  that
     9  state programs do not discriminate against and are accessible to persons
    10  with  disabilities. The office of community living shall also coordinate
    11  the state's efforts to comply with the  United  States  Supreme  Court's
    12  Olmstead  decision.  In  its 1999, Olmstead v. L.C. decision, the United
    13  States Supreme Court ruled that New York, like all states, in accordance
    14  with the Americans with Disabilities Act (ADA), have  an  obligation  to
    15  provide services to individuals with disabilities in the most integrated
    16  setting appropriate to their needs. A comprehensive Olmstead implementa-
    17  tion  plan that will address integrated housing, employment, transporta-
    18  tion, community services and other  important  issues  will  affirm  New
    19  York's  position as a national leader on disability rights. As such, the
    20  office of community living will assume responsibility of chairmanship of
    21  the most integrated settings coordinating council. The office for commu-
    22  nity living shall also be responsible for funding services that  promote
    23  and  advocate  for  independence  and  community living for persons with
    24  disabilities.
    25    § 462. Director; general responsibilities.  The  head  of  the  office
    26  shall  be  the  director,  who shall be appointed by the governor by and
    27  with the advice and consent of the senate.  The director shall receive a
    28  salary to be fixed by the governor within the amount appropriated there-
    29  for. The director, subject to rules  prescribed  by  the  governor,  may
    30  appoint  and  fix  the compensation of subordinates and employees of the
    31  division within the amounts appropriated therefor.
    32    § 463. Additional powers of the office of community living. The office
    33  shall have the following additional powers:
    34    1. Submission, reviews and recommendations. (a) Each  division  within
    35  the  executive  department  and all other departments of the state shall
    36  submit to the  office  for  review  proposed  legislation,  regulations,
    37  orders  and plans which may significantly affect the lives or well-being
    38  of persons with disabilities in the state. Such matters  shall,  in  the
    39  case of proposed legislation, be submitted at least thirty days prior to
    40  submission  to  the  legislature and, in the case of regulations, orders
    41  and plans, at least thirty days prior to  the  effective  date  of  this
    42  article.
    43    (b)  The  office  shall  review and report upon all matters of signif-
    44  icance submitted to  it.  The  office  shall  submit  reports  or  other
    45  comments  where appropriate to the division or department which referred
    46  such matter evaluating (i) the impact of the proposed legislation, regu-
    47  lation,  order,  or  plan  upon  persons  with  disabilities;  (ii)  the
    48  relationship and impact of such proposals on existing programs affecting
    49  persons with disabilities; (iii) the desirability of such proposals; and
    50  (iv)  modifications  that  would enhance the impact of the proposal upon
    51  persons with disabilities or  aid  in  the  implementation  of  the  new
    52  proposal.
    53    2. Cooperation. All state agencies contemplating actions that would be
    54  subject  to  review under this order shall inform the office as early as
    55  possible in the process of developing such proposals and shall cooperate
    56  with the office in carrying out these responsibilities  to  assure  that

        A. 6233                             3
 
     1  appropriate  consideration is given to the needs and concerns of persons
     2  with disabilities.
     3    §  464.  Most  integrated setting coordinating council. 1. Legislative
     4  findings and intent. The Americans with Disabilities  Act  requires  the
     5  state  of  New  York to ensure that people of all ages with disabilities
     6  reside and function  in  the  most  integrated  setting  possible.  This
     7  requirement  was  recognized and upheld by the Supreme Court in the case
     8  of Olmstead, Commissioner, Georgia Department of Human Resources, et al.
     9  v. L.C., by Zimring, Guardian ad litem and Next Friend, et al.  (138  F.
    10  3d  893).  While  the  state of New York provides community supports for
    11  people of all ages with disabilities and while the  state  of  New  York
    12  does  operate  a  home  and community-based waiver Medicaid program, the
    13  legislature hereby finds that the state of New York has  no  centralized
    14  mechanism  in  place to determine whether or not people of all ages with
    15  disabilities are residing in the most integrated  setting  possible.  In
    16  order  to  ensure  that  the state of New York is in compliance with the
    17  requirements of the Olmstead decision, the legislature hereby finds that
    18  it is incumbent upon the state of New York to develop  and  implement  a
    19  plan  to  reasonably  accommodate  the desire of people of all ages with
    20  disabilities to avoid institutionalization and be  appropriately  placed
    21  in the most integrated setting possible.
    22    2.  Definitions.  As  used  in this article, the following terms shall
    23  have the following meanings:
    24    (a) "Council" means the most integrated setting coordinating council.
    25    (b) "Disability" means, with respect to an individual:
    26    (i) a physical or mental impairment that substantially limits  one  or
    27  more of the major life activities of such individual;
    28    (ii) a record of such an impairment; or
    29    (iii) being regarded as having such an impairment.
    30    (c)  "Most  integrated setting" means a setting that is appropriate to
    31  the needs of the individual with the disability and enables  that  indi-
    32  vidual to interact with nondisabled persons to the fullest extent possi-
    33  ble.
    34    (d) "Office" shall mean the office of community living.
    35    (e)  "Eligible applicant" shall mean a city, town, village or not-for-
    36  profit corporation in existence for a period of one or more years  prior
    37  to  application, which is, or will be at the time of award, incorporated
    38  under the not-for-profit corporation law and has substantial  experience
    39  in adapting or retrofitting homes for persons with disabilities.
    40    (f)  "Disabled  veteran"  shall mean a veteran who is certified by the
    41  United States department  of  veterans  affairs  or  the  department  of
    42  defense  as  entitled  to  receive  disability payments upon the certif-
    43  ication of such department for a disability incurred by him  or  her  in
    44  time of war.
    45    (g)  "Access  to  home  programs" or "programs" shall mean a series of
    46  activities by an eligible  applicant  to  administer  funds  to  provide
    47  either  loans  or  grants  to  homeowners and renters and to oversee the
    48  adaptation or retrofitting of eligible properties.
    49    (h) "Eligible property" shall mean a housing unit that is the  primary
    50  residence  of  a person with a physical disability and a total household
    51  income that does not exceed eighty percent of median income or  a  disa-
    52  bled  veteran  who has a total household income that does not exceed one
    53  hundred twenty percent of median income. A property shall not be consid-
    54  ered an eligible property if the owner  of  the  property  is  otherwise
    55  obligated  by  federal,  state  or local law to provide the improvements
    56  funded under this article.

        A. 6233                             4
 
     1    3. Most integrated setting coordinating council; organization. (a) The
     2  most integrated setting coordinating council  is  continued  within  the
     3  executive  department  to  have  and  exercise the functions, powers and
     4  duties provided  by  the  provisions  of  this  article  and  any  other
     5  provision  of law. The council shall be comprised of the director of the
     6  office of community living, and the commissioners of: the department  of
     7  health,  the  office  of  persons  with  developmental disabilities, the
     8  office of mental health, the department of transportation, the office of
     9  children and family services,  the  office  of  addiction  services  and
    10  supports,  the  department of education, and the division of housing and
    11  community renewal. In addition, the council shall consist of the  direc-
    12  tor  of  the  office  for  the  aging, a representative from the justice
    13  center for persons with special needs, six  consumers  of  services  for
    14  individuals  with disabilities, two to be appointed by the governor, two
    15  to be appointed by the temporary president of the senate, and two to  be
    16  appointed  by the speaker of the assembly, three individuals with exper-
    17  tise in the field of community services for  people  of  all  ages  with
    18  disabilities,  one  to be appointed by the governor, one to be appointed
    19  by the temporary president of the senate, and one to be appointed by the
    20  speaker of the assembly, and three  individuals  with  expertise  in  or
    21  recipients  of  services available to senior citizens with disabilities,
    22  one to be appointed by the governor, one to be appointed by  the  tempo-
    23  rary  president of the senate, and one to be appointed by the speaker of
    24  the assembly.
    25    (b) The director of the office of community living shall be the chair-
    26  person of the council.
    27    (c) The council shall meet as necessary to carry  out  its  functions,
    28  powers  and  duties,  but  such  meetings shall occur at least once each
    29  quarter.
    30    4. Functions, powers and duties of the council. (a) The council  shall
    31  develop, update and oversee the implementation of a comprehensive state-
    32  wide  plan  for providing services to individuals of all ages with disa-
    33  bilities in the most integrated setting. Such plan  shall  include,  but
    34  not be limited to:
    35    (i)  the  number  of individuals of all ages with disabilities who are
    36  currently institutionalized and are eligible for services in  community-
    37  based  settings, the number of individuals residing in the community who
    38  are dependent on the assistance of  community-based  services  to  avoid
    39  institutionalization  and  any  improvements  necessary  to  be  made to
    40  current data collection systems or any new data  collection  initiatives
    41  necessary to obtain such information;
    42    (ii)  the  current assessment procedures utilized to identify individ-
    43  uals of all ages with disabilities who could benefit from services in  a
    44  more integrated setting and the development of a single assessment proc-
    45  ess  for  individuals of all ages with disabilities in need of services,
    46  to be implemented by one community-based  agency  in  each  county  with
    47  expertise  in community-based services for people of all ages with disa-
    48  bilities through the use of a uniform assessment tool;
    49    (iii) the identification of what community-based services  are  avail-
    50  able  to  individuals  of all ages with disabilities in the state of New
    51  York and an assessment of the extent to which these programs are able to
    52  serve people in the most integrated settings;
    53    (iv) the identification of what improvements need to be  made  to  the
    54  system  of community-based services to ensure that the system is compre-
    55  hensive, accessible, meets the  needs  of  persons  who  are  likely  to
    56  require  assistance  in order to live in the community and provides high

        A. 6233                             5
 
     1  quality, and adequate supports for individuals of all ages with disabil-
     2  ities;
     3    (v)  an  evaluation  of  the supports and services available to assist
     4  individuals of all ages with disabilities who reside in their own  homes
     5  with  the  presence of other family members or other informal caregivers
     6  and an evaluation of the supports and services available to address  the
     7  needs  of  individuals of all ages with disabilities who reside in their
     8  own homes without family members or other informal caregivers;
     9    (vi) an examination of how the identified community-based supports and
    10  services integrate individuals of all ages with  disabilities  into  the
    11  community;
    12    (vii)  a  review of what funding sources are available to increase the
    13  availability of community-based services and  an  analysis  of  how  the
    14  varied funding sources available to meet the needs of individuals of all
    15  ages  with  disabilities in the most integrated setting can be organized
    16  into a coherent system of long term care which affords people reasonable
    17  and timely access to community-based services;
    18    (viii) an assessment of how well the current service system works  for
    19  different populations, including but not limited to, elderly people with
    20  disabilities,  people  with  physical disabilities, people with develop-
    21  mental disabilities, people with mental illness, and people with HIV and
    22  AIDS, and a review of changes that might be desirable to make services a
    23  reality in the most integrated setting for all populations;
    24    (ix) an examination of waiting lists for community-based services  and
    25  what  might  be  done to ensure that waiting lists are created and accu-
    26  rately maintained and that people are able to come off waiting lists and
    27  receive needed community-based services at a reasonable pace;
    28    (x) an examination of what information, education, outreach and refer-
    29  ral systems might be useful to ensure that individuals of all ages  with
    30  disabilities  receive the information necessary to make informed choices
    31  regarding how their needs can best be met, including the  evaluation  of
    32  the  creation of a toll-free hotline with information on community-based
    33  services for individuals of all ages with disabilities;
    34    (xi) an evaluation of how quality assurance  and  quality  improvement
    35  can  be  conducted effectively as more people of all ages with disabili-
    36  ties live in community-based settings; and
    37    (xii) an examination of how the overall system of health and long term
    38  care can best be managed  so  that  placement  in  the  most  integrated
    39  setting becomes the norm.
    40    (b)  The  council shall contract with an independent organization with
    41  expertise in the provision of community-based services  for  individuals
    42  of  all ages with disabilities and with expertise in the area of program
    43  evaluation research to conduct  an  evaluation  of  the  council's  plan
    44  created  pursuant to subdivision one of this section and the implementa-
    45  tion of such plan.
    46    (c) Each commissioner and director serving on the council shall ensure
    47  that his or her agency implements every aspect  of  the  plan  developed
    48  pursuant  to  subdivision  one  of  this  section  which falls under the
    49  responsibilities of his or her agency. The  council  shall  oversee  the
    50  implementation  of  the plan created pursuant to subdivision one of this
    51  section and shall update such plan as necessary to ensure  that  waiting
    52  lists for community-based services for people of all ages with disabili-
    53  ties are moving at a reasonable pace and to ensure that the state of New
    54  York is developing a system of long term care that allows individuals of
    55  all ages with disabilities to reside and function in the most integrated
    56  setting.

        A. 6233                             6
 
     1    (d)  The  council  shall provide an annual report to the governor, the
     2  temporary president of the senate and the speaker of the assembly.  Such
     3  report  shall  detail  the plan developed pursuant to subdivision one of
     4  this section, any changes made to such plan, all steps taken  to  imple-
     5  ment such plan and their outcome, and any future actions planned.
     6    (e) The plan to be developed under this article shall not be construed
     7  to  increase,  decrease, or change the statutory authority of any person
     8  or entity and shall be implemented consistent with all otherwise  appli-
     9  cable law.
    10    § 465. Independent living centers. 1. Declaration of intent. Independ-
    11  ent living centers greatly assist persons with disabilities to integrate
    12  and  live  more  independently  in the community. Since their inception,
    13  service centers for independent living  have  enhanced  the  ability  of
    14  persons  with disabilities to pursue an independent and active lifestyle
    15  within their community. In order to achieve this, it  is  necessary  for
    16  the  state  to  provide  funding  to  maintain  existing service centers
    17  designed to promote independent living and to encourage  the  establish-
    18  ment  of  new centers. To maximize the effectiveness of these centers in
    19  promoting independent living for persons with disabilities, and to opti-
    20  mally utilize independent living centers in helping the  state  to  meet
    21  its  obligations  to  persons  with disabilities, the responsibility for
    22  independent living should be transferred from the  education  department
    23  to the office.
    24    2.  Independent  living  centers;  purpose  and duties. An independent
    25  living  center  shall  be  a  community-based,  non-residential  program
    26  designed to promote independent living for persons with disabilities.
    27    (a) Such center shall:
    28    (i)  be a private not-for-profit corporation, pursuant to subparagraph
    29  five of paragraph a of section one hundred  two  of  the  not-for-profit
    30  corporation  law;  provided,  however,  that  persons  with disabilities
    31  comprise at least fifty-one percent of the membership of  the  board  of
    32  directors;
    33    (ii)  be  staffed  by persons with persons with disabilities and other
    34  persons experienced in assisting persons with disabilities;
    35    (iii) provide services designed to meet  the  needs  of  persons  with
    36  disabilities, including such services as assisting persons with disabil-
    37  ities  to  obtain housing, employment referral, transportation referral,
    38  attendant care, independent living  skills,  peer  counseling,  advocacy
    39  services,  job training, health care, homemaker services, and other such
    40  services as approved by the director;
    41    (iv) train personnel for the purpose of attendant  care  in  assisting
    42  and serving persons with disabilities; and
    43    (v) serve persons with disabilities.
    44    (b)  Such center may also, but need not limit itself to, provide disa-
    45  bility awareness programs, peer counseling, role modeling and any  other
    46  appropriate services within elementary and secondary schools.
    47    (c)  Such  service  centers  shall not be established or operated as a
    48  residential or housing facility.
    49    (d) Such service centers shall make maximum use of existing  resources
    50  available  to  persons  with  disabilities  and  shall not duplicate any
    51  existing services or programs, to  the  extent  that  such  services  or
    52  programs  are available through other state sources to meet the needs of
    53  persons with disabilities. Such centers shall however provide  necessary
    54  information and referral to assist a person with a disability in obtain-
    55  ing  such  services  and  coordinate where possible the delivery of such
    56  services to persons with disabilities.

        A. 6233                             7
 
     1    (e) Such service centers shall be in compliance  with  all  applicable
     2  local laws and ordinances.
     3    3.  Office  of  community  living;  responsibilities. The office shall
     4  assist individuals and organizations in the planning  and  establishment
     5  of  such service centers. The office shall ensure program accountability
     6  and shall monitor and evaluate such centers.
     7    4. Regulations. The office  shall  promulgate  rules  and  regulations
     8  necessary for the implementation of this article.
     9    5.  Distribution  of  funds.  (a)  Independent living centers shall be
    10  funded out of appropriations available for such purposes to  the  extent
    11  of the entire approved budget of such centers.
    12    (b)  Budgets submitted by independent living centers shall be approved
    13  in accordance with regulations of the office.
    14    (c) Independent living centers shall be located in the cities of Alba-
    15  ny, Buffalo, Rochester, Syracuse, Utica, White Plains, Binghamton, King-
    16  ston, Poughkeepsie, Jamestown, Yonkers, the counties of  Queens,  Kings,
    17  Nassau, Bronx, Richmond and New York and the township of Brookhaven with
    18  a satellite center in Central Islip in the county of Suffolk.
    19    (d)  Additional  independent  living  centers  shall be located in the
    20  cities of Niagara Falls,  Olean,  Troy,  Amsterdam,  Newburgh,  Corning,
    21  Ithaca,  Cortland,  Auburn, Watertown, Plattsburgh, Batavia, Massena and
    22  Glens Falls, the counties  of  Delaware  and  Rockland,  the  county  of
    23  Orange,  in  either the city of Middletown or Port Jervis or in the town
    24  of Deerpark, Greenville, Mount Hope, Warwick  or  Wawayanda  or  in  the
    25  village  of Goshen, in the county of New York to serve the Harlem commu-
    26  nity, and in the counties of Putnam, Sullivan and Herkimer.
    27    § 466. New York access to home program. 1.  Statement  of  legislative
    28  findings  and  purpose.  The  legislature hereby finds and declares that
    29  there exists in the state of New York a serious need for  financial  and
    30  technical resources to assist renters and property owners to make dwell-
    31  ing  units accessible for low and moderate income persons with disabili-
    32  ties. Providing assistance with the cost of adapting homes  will  enable
    33  many  New  Yorkers  with disabilities to safely and comfortably continue
    34  to, or return to, live in their residences instead  of  residing  in  an
    35  institutional  setting.  To best accomplish this, the responsibility for
    36  the program is transferred to the office.
    37    2. Access to home contracts. (a) Within the limit of  funds  available
    38  in  the access to home program, the office is hereby authorized to enter
    39  into contracts with eligible applicants to provide financial  assistance
    40  for the actual costs of an access to home program. The financial assist-
    41  ance shall be either in the form of grants or loans, as the office shall
    42  determine. No more than fifty percent of the total amount awarded pursu-
    43  ant  to  this article in any fiscal year shall be allocated to access to
    44  home programs located within any single municipality.
    45    (b) The total payment pursuant to any one contract  shall  not  exceed
    46  five  hundred  thousand  dollars  and  the  contract  shall  provide for
    47  completion of the program within a reasonable period, as specified ther-
    48  ein, which shall not in any event exceed three years from its  commence-
    49  ment.  Upon  request, the office may extend the term of the contract for
    50  up to two additional one year periods for good cause shown by the eligi-
    51  ble applicant.
    52    (c) The office may authorize the eligible applicant  to  spend  up  to
    53  seven and a half percent of the contract amount for approved administra-
    54  tive costs associated with administering the program.
    55    (d)  The office shall require that, in order to receive funds pursuant
    56  to this article, the eligible applicant shall submit a plan which  shall

        A. 6233                             8

     1  include,  but  not  be  limited  to,  program feasibility, impact on the
     2  community, budget for expenditure  of  program  funds,  a  schedule  for
     3  completion  of  the program, affirmative action and minority-owned busi-
     4  ness participation.
     5    §  467.  Other responsibilities of the office of community living. The
     6  office is also responsible for  administering  the  following  programs,
     7  some  of which are being transferred from the justice center for persons
     8  with special needs:
     9    1. Information  and  referral  services.    Information  and  referral
    10  services,  including  the  toll-free  information and referral telephone
    11  line.
    12    2. Technology-related assistance  for  individuals  with  disabilities
    13  (TRAID)  program. The TRAID program's mission is to coordinate statewide
    14  activities to increase access to and acquisition of assistive technology
    15  in the areas of education, employment, community living and  information
    16  technology/telecommunications.  The  program  serves  individuals of all
    17  ages and disabilities.  The  program  supports  regional  TRAID  centers
    18  (RTCs) which provide information, training, device demonstration, reuse,
    19  exchange,  and  loans. The TRAID program also provides technical assist-
    20  ance and advocacy on how to obtain and use assistive technology services
    21  and devices.
    22    3. Adult home advocacy program.   The  adult  home  advocacy  program,
    23  which has been in operation since 1995, is now under the jurisdiction of
    24  the office. The program assists individuals with mental health disabili-
    25  ties  who  reside in adult homes in the city of New York and Long Island
    26  in understanding their legal rights  and  promotes  and  protects  their
    27  rights,  including  legal  and  non-legal advocacy services, training on
    28  residents' rights supporting self-advocacy and  leadership  initiatives,
    29  and  the  development  and  support  of resident councils is provided by
    30  qualified non-profit agencies which  are  awarded  contracts  through  a
    31  competitive bidding process.
    32    4. Advocacy. Advocacy is a core function of the office. Advocacy is an
    33  active  process  with  the  goal of making the social system, public and
    34  community-based or private entities more  responsive  to  the  needs  of
    35  persons  with  disabilities  who are served by that system.  Advocacy is
    36  not a singular approach, but a continuum of strategies including:  self-
    37  advocacy, citizen advocacy, and systems advocacy.
    38    § 2. Article 25 of the executive law is REPEALED.
    39    § 3. Section 559 of the executive law is REPEALED.
    40    § 4. Article 23-A of the education law is REPEALED.
    41    § 5. Article 25 of the private housing finance law is REPEALED.
    42    §  6. This act shall take effect on the first of April next succeeding
    43  the date on which it shall have become a law,  provided,  however,  that
    44  the  governor  is  authorized  to  take,  notwithstanding any law to the
    45  contrary, whatever steps are necessary to  effectively  and  efficiently
    46  transfer  the  functions  transferred  to the office of community living
    47  from other agencies of the state so that the office of community  living
    48  may fully commence operation on the effective date of this act.
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