Bill Text: NY S02004 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes the New York state community initiatives project; defines terms; establishes the community initiative project program, programs and services, and community initiatives project action plan; provides for an application for funding and a state community initiatives oversight committee.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2010-02-08 - REPORTED AND COMMITTED TO FINANCE [S02004 Detail]
Download: New_York-2009-S02004-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2004
2009-2010 Regular Sessions
I N S E N A T E
February 10, 2009
___________
Introduced by Sens. GOLDEN, GRIFFO, LARKIN, PADAVAN, VOLKER -- read
twice and ordered printed, and when printed to be committed to the
Committee on Aging
AN ACT to amend the elder law, in relation to establishing the New York
state community initiatives project; and providing for the repeal of
such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and intent. The legislature hereby
2 finds and declares that because services and programs for seniors are
3 spread across numerous state programmatic and regulatory agencies, and
4 were developed at different times and for different purposes, they lack
5 a coordinated focus and unified strategy for service delivery, often
6 requiring that communities and seniors meet strict and/or disjunct
7 eligibility and programmatic guidelines that may not address the more
8 significant needs of a community or of seniors rather than tailoring
9 programs to meet the needs of those communities and the seniors who
10 reside in them.
11 The legislature further finds that the absence of such coordination
12 and delivery strategy reduces effectiveness of such services and impairs
13 the ability of many communities and the seniors who reside in them to
14 fully benefit from services provided, and declares that a more effective
15 and efficient use of public monies can result from encouraging communi-
16 ties to identify needs and develop a strategic plan to address those
17 needs on a short-term and long-term basis, and then allowing the
18 provision of services pursuant to the plan with increased flexibility,
19 improved and seamless delivery, and by eliminating barriers to implemen-
20 tation, thus requiring services to be shaped to fit community needs
21 rather than requiring communities and individuals to meet the guidelines
22 of programs.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08277-01-9
S. 2004 2
1 It is the intent of the legislature by enacting this act to establish
2 the communities initiative project, which in every way meets and
3 addresses a public purpose by providing integrated and coordinated
4 delivery of services that address the needs of seniors in communities as
5 detailed and described by such communities, in a manner that will
6 improve the reach, efficiency, and effectiveness of services provided.
7 S 2. The elder law is amended by adding a new section 224 to read as
8 follows:
9 S 224. NEW YORK STATE COMMUNITY INITIATIVES PROJECT ACT. 1. DEFI-
10 NITIONS. AS USED IN THIS SECTION:
11 (A) "ACTION PLAN" MEANS THE STRATEGIC COMMUNITY INITIATIVES PROJECT
12 ACTION PLAN DESCRIBED IN THIS SECTION.
13 (B) "COMMITTEE" MEANS THE STATE COMMUNITY INITIATIVES PROJECT OVER-
14 SIGHT COMMITTEE ESTABLISHED IN THIS SECTION.
15 (C) "COMMUNITY INITIATIVES ADVISORY COUNCIL" OR "COUNCIL" MEANS A
16 GROUP REPRESENTING, TO THE GREATEST EXTENT POSSIBLE, PROJECT AREA RESI-
17 DENTS, INCLUDING SENIORS, LOCAL GOVERNMENT, THE BUSINESS AND ECONOMIC
18 DEVELOPMENT COMMUNITY, SERVICE PROVIDERS, THE LEGAL COMMUNITY, AND
19 EDUCATIONAL INSTITUTIONS, WHO SHALL BE RESPONSIBLE FOR DEVELOPMENT OF
20 THE ACTION PLAN.
21 (D) "COMMUNITY" MEANS A COUNTY OR A PART OF A COUNTY.
22 (E) "COMMUNITY INITIATIVES PROJECT UNIFIED CONTRACT" OR "CONTRACT"
23 MEANS THE AGREEMENT FOR A PROJECT BETWEEN THE OFFICE, AS REPRESENTATIVE
24 OF THE COMMITTEE, AND AN ELIGIBLE APPLICANT WHOSE PROJECT HAS BEEN
25 APPROVED.
26 (F) "ELIGIBLE APPLICANT" MEANS A NOT-FOR-PROFIT PRIVATE OR PUBLIC
27 AGENCY, A LOCAL GOVERNMENTAL AGENCY, OR A COMBINATION OF SUCH ENTITIES.
28 (G) "OFFICE" MEAN THE STATE OFFICE FOR THE AGING.
29 (H) "PROJECT" MEANS A COMMUNITY INITIATIVES PROJECT APPROVED IN
30 ACCORDANCE WITH THIS ARTICLE.
31 (I) "RURAL AREA" HAS THE SAME MEANING AS DEFINED IN SUBDIVISION SEVEN
32 OF SECTION FOUR HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW.
33 2. COMMUNITY INITIATIVES PROJECT PROGRAM. THE COMMUNITY INITIATIVES
34 PROJECTS PROGRAM IS HEREBY ESTABLISHED IN THE STATE OFFICE FOR THE
35 AGING. A COMMUNITY INITIATIVES PROJECT ESTABLISHED PURSUANT TO THIS
36 SECTION SHALL HAVE AS ITS PRIMARY COMPONENTS AN ACTION PLAN, THE
37 CREATION OF A COUNCIL, AND THE PROVISION OF PROGRAMS AND SERVICES AS
38 DESCRIBED IN SUBDIVISION THREE OF THIS SECTION. THE OFFICE, WITH THE
39 APPROVAL OF THE COMMITTEE, MAY ESTABLISH UP TO TEN COMMUNITY INITIATIVES
40 PROJECTS IN THE FIRST YEAR OF IMPLEMENTATION, AND UP TO TEN ADDITIONAL
41 SUCH PROJECTS IN EACH SUCCESSIVE ADDITIONAL YEAR, PROVIDED HOWEVER THAT
42 NOT LESS THAN ONE-THIRD OF SUCH PROJECTS APPROVED IN ANY YEAR SHALL BE
43 IN RURAL AREAS.
44 3. PROGRAMS AND SERVICES. PROJECTS SHALL PROVIDE FOR COORDINATED,
45 ACCESSIBLE SERVICES, FLEXIBILITY, SEAMLESSNESS IN THE DELIVERY OF
46 SERVICES INSOFAR AS POSSIBLE, THE REDUCTION OF BARRIERS TO ACCESSING,
47 IMPLEMENTING, AND/OR FINANCING SUCH SERVICES, GREATER EFFECTIVENESS IN
48 THE DELIVERY OF SUCH SERVICES, AND GREATER NUMBERS OF PERSONS SERVED OR
49 OTHER DELIVERY IMPROVEMENTS WITHIN A PROJECT AREA. THE TERM "SERVICES"
50 AS USED IN THIS SECTION INCLUDES BUT IS NOT LIMITED TO POLICIES,
51 PROGRAMS, LAWS, REGULATIONS, OR OTHER MATTERS FOR AGING INDIVIDUALS,
52 INCLUDING BUT NOT LIMITED TO, HUMAN SERVICES AND COMMUNITY LIFE; HEALTH
53 CARE; EDUCATION; BUSINESS, ECONOMIC DEVELOPMENT, AND EMPLOYMENT; AGRI-
54 CULTURE; ENVIRONMENT, LAND USE, AND NATURAL RESOURCES; TRANSPORTATION;
55 COMMUNITY FACILITIES, HOUSING; AND LOCAL GOVERNMENT SERVICES AND MANAGE-
56 MENT.
S. 2004 3
1 4. COMMUNITY INITIATIVES PROJECT ACTION PLAN. THE COUNCIL FOR AN
2 APPROVED PROJECT SHALL DEVELOP A COMMUNITY INITIATIVES PROJECT ACTION
3 PLAN, WHICH SHALL INCLUDE THE COUNCIL'S ASSESSMENT OF THE COMMUNITY'S
4 REQUIREMENTS FOR ADDRESSING THE NEEDS OF SENIORS, WHICH SHALL INCLUDE A
5 DESCRIPTION OF THE ACTIONS AND RESOURCES NECESSARY TO MEET SUCH NEEDS
6 IMMEDIATELY AND OVER A FIVE YEAR PERIOD. THE ACTION PLAN SHALL BE
7 SUBMITTED TO THE COMMITTEE FOR REVIEW AND APPROVAL.
8 5. APPLICATION FOR FUNDING. A REQUEST FOR PROPOSALS SHALL BE ISSUED BY
9 THE OFFICE ON BEHALF OF THE COMMITTEE. ELIGIBLE APPLICANTS MAY SUBMIT
10 PROJECT APPLICATIONS TO THE OFFICE, WHICH SHALL RECEIVE ALL SUCH APPLI-
11 CATIONS ON BEHALF OF THE COMMITTEE, AND SHALL FORWARD ALL APPLICATIONS
12 TO THE COMMITTEE FOR REVIEW AND APPROVAL. EACH APPLICATION FOR FUNDING
13 SHALL INCLUDE, BUT NOT BE LIMITED TO:
14 (A) IF THE PROJECT AREA IS NOT A COUNTY, A DESCRIPTION OF THE
15 GEOGRAPHIC BOUNDARIES AND DEMOGRAPHIC CHARACTERISTICS OF THE AREA IN
16 WHICH THE PROPOSED PROJECT SERVICES WILL BE TARGETED AND AN EXPLANATION
17 OF WHY THAT COMMUNITY WAS SELECTED;
18 (B) A DESCRIPTION OF SERVICES THAT CURRENTLY EXIST IN THE PROJECT
19 AREA, GAPS IN OR BARRIERS TO SUCH SERVICES, INCLUDING IDENTIFICATION OF
20 KNOWN STATUTORY OR REGULATORY BARRIERS, AND RESOURCES AVAILABLE WITHIN
21 THE COMMUNITY TO SUPPORT SUCH SERVICES;
22 (C) A DESCRIPTION OF HOW EXISTING SERVICES WILL BE MADE MORE ACCESSI-
23 BLE TO RESIDENTS OF THE PROJECT AREA, WHETHER EXISTING SERVICES WILL BE
24 EXPANDED, WHAT NEW SERVICES WILL BE PROVIDED, HOW NEW AND EXISTING
25 SERVICES WILL BE COORDINATED, AND WHAT LINKS WILL BE ESTABLISHED AMONG
26 THE PROVIDERS OF SERVICES IN THE COMMUNITY;
27 (D) A STATEMENT OF THE PROJECT'S GOALS AND OBJECTIVES, INCLUDING THE
28 INTENDED OUTCOME FOR EACH SERVICE OR ACTIVITY CONTAINED IN THE ACTION
29 PLAN. SUCH OUTCOMES MAY INCLUDE, BUT NEED NOT BE LIMITED TO, MEASURABLE
30 FACTORS RELATING TO EMPLOYMENT, HEALTH, EDUCATION, MENTAL HEALTH, AND
31 OTHER SUCH SERVICES;
32 (E) A DESCRIPTION OF THE PROCESS AND CRITERIA USED TO SELECT MEMBERS
33 OF THE COUNCIL;
34 (F) A DESCRIPTION OF THE METHOD USED TO DEVELOP THE ACTION PLAN,
35 INCLUDING THE MEANS OF ENGAGING PROJECT AREA SENIOR RESIDENTS IN DEVEL-
36 OPING SUCH ACTION PLAN; AND
37 (G) A DESCRIPTION OF THE PROJECT AREA COMMUNITY'S INVOLVEMENT IN THE
38 DEVELOPMENT OF THE APPLICATION INCLUDING THE INVOLVEMENT OF PUBLIC,
39 PRIVATE, AND NOT-FOR-PROFIT AGENCIES, BUSINESSES AND OTHER ORGANIZATIONS
40 AND ENTITIES, AND COMMUNITY RESIDENTS, AND THE METHODS BY WHICH THE
41 APPLICANT WILL ASSURE CONTINUED COMMUNITY INVOLVEMENT IN THE DELIVERY OF
42 SERVICES AND LONG RANGE PLANNING EFFORTS.
43 6. STATE COMMUNITY INITIATIVES OVERSIGHT COMMITTEE. A STATE COMMUNITY
44 INITIATIVES OVERSIGHT COMMITTEE SHALL BE ESTABLISHED TO OVERSEE IMPLE-
45 MENTATION OF THE PROVISIONS OF THIS ARTICLE AND SHALL CONSIST OF REPRE-
46 SENTATIVES OF THE COMMISSIONERS OR DIRECTORS OF THE FOLLOWING AGENCIES
47 OR THEIR DESIGNEES, WITH THE DIRECTOR OF THE OFFICE SERVING AS CHAIR-
48 PERSON: THE DEPARTMENT OF AGRICULTURE AND MARKETS; THE OFFICE OF ALCO-
49 HOLISM AND SUBSTANCE ABUSE SERVICES; THE STATE ADVOCATE FOR THE DISA-
50 BLED; THE OFFICE OF CHILDREN AND FAMILIES SERVICES; THE CITY UNIVERSITY
51 OF NEW YORK; THE DIVISION OF THE BUDGET; THE DEPARTMENT OF ECONOMIC
52 DEVELOPMENT; THE DEPARTMENT OF EDUCATION; THE EMPIRE STATE DEVELOPMENT
53 CORPORATION; THE DEPARTMENT OF HEALTH; THE OFFICE OF TEMPORARY AND DISA-
54 BILITY ASSISTANCE; THE OFFICE OF HOUSING AND COMMUNITY RENEWAL; THE
55 DEPARTMENT OF LABOR; THE OFFICE OF MENTAL HEALTH; THE OFFICE OF MENTAL
56 RETARDATION AND DEVELOPMENTAL DISABILITIES; THE OFFICE OF PARKS, RECRE-
S. 2004 4
1 ATION AND HISTORIC PRESERVATION; THE STATE UNIVERSITY OF NEW YORK; THE
2 DIVISION OF STATE POLICE; THE DIVISION OF CRIMINAL JUSTICE SERVICES; AND
3 THE DEPARTMENT OF STATE. THE COMMITTEE SHALL HAVE THE FOLLOWING POWERS,
4 DUTIES AND RESPONSIBILITIES:
5 (A) CRITERIA FOR APPROVAL OF PROJECTS. THE COMMITTEE SHALL REVIEW AND
6 APPROVE PROJECT APPLICATIONS USING THE FOLLOWING CRITERIA:
7 (I) THE FEASIBILITY OF THE PROJECT;
8 (II) THE AMOUNT OF DEMONSTRATED COMMITMENT AND SUPPORT FOR THE
9 PROJECT, INCLUDING PLEDGES OF FINANCIAL SUPPORT, EXPRESSED BY LOCAL
10 GOVERNMENT AGENCIES, COMMUNITY RESIDENTS AND LEADERS, APPROPRIATE
11 SERVICE PROVIDERS, AND PRIVATE SUPPORTERS;
12 (III) THE ANTICIPATED EFFECTIVENESS OF THE PROJECT AS EVIDENCED BY THE
13 EXISTENCE OF OTHER AVAILABLE RESOURCES, INCLUDING EXISTING LINKS BETWEEN
14 PUBLIC AND/OR PRIVATE AGENCIES THAT FOCUS ON THE PROVISION OF SERVICES
15 IN HIGH-NEED GEOGRAPHIC AREAS OF POPULATIONS;
16 (IV) MAXIMIZATION OF USE OF EXISTING RESOURCES, SERVICES, AND FUNDS TO
17 SUPPORT PROJECTS AND A DEMONSTRATION THAT THE PURPOSES AND OBJECTIVES OF
18 THIS ARTICLE WILL BE ACCOMPLISHED EFFECTIVELY;
19 (V) THE ABILITY OF THE APPLICANT TO UNDERTAKE AND COMPLETE A COMPRE-
20 HENSIVE PROJECT PURSUANT TO THE ACTION PLAN; AND
21 (VI) THE ABILITY OF THE APPLICANT TO PROVIDE THE NECESSARY DATA FOR AN
22 EFFECTIVE EVALUATION OF THE PROJECT.
23 (B) TECHNICAL ASSISTANCE. MEMBERS OF THE COMMITTEE SHALL PROVIDE TECH-
24 NICAL ASSISTANCE TO APPROVED PROJECTS, INCLUDING, BUT NOT LIMITED TO
25 PROVIDING AND ANALYZING DATA; ASSISTANCE IN STRENGTHENING THE PROGRAM-
26 MATIC AND ADMINISTRATIVE VIABILITY OF APPROVED PROJECTS; ASSISTANCE IN
27 STRENGTHENING ACTION PLANS; IDENTIFYING FEDERAL, STATE AND LOCAL FUNDS,
28 AND RESOURCES FROM ANY OTHER SOURCES AVAILABLE TO SUPPORT SUCH PROJECTS;
29 AND DEVELOPING LOCAL EVALUATION SYSTEMS.
30 (C) ON THE BASIS OF INFORMATION SUBMITTED IN APPROVED APPLICATIONS AND
31 IN THE ACTION PLAN, THE COMMITTEE SHALL:
32 (I) ASSIST IN IDENTIFYING AND OBTAINING RESOURCES AND FUNDING NECES-
33 SARY FOR THE IMPLEMENTATION OF THE ACTION PLAN, AND MAKE RECOMMENDATIONS
34 AS APPROPRIATE AND NECESSARY IN ACCORDANCE WITH ARTICLE VII OF THE STATE
35 CONSTITUTION;
36 (II) IDENTIFY AND REQUEST THE APPROPRIATE MEMBER OR MEMBERS OF THE
37 COMMITTEE TO WAIVE REGULATIONS OR PROCEDURES THAT ACT AS BARRIERS TO THE
38 EFFECTIVE IMPLEMENTATION OF THE ACTION PLAN, AS LONG AS SUCH WAIVER IS
39 CONSISTENT WITH THE NEEDS AND REQUIREMENTS OF AN APPROVED PROJECT ACTION
40 PLAN, THE POWERS GRANTED BY THIS SECTION, AND THE LIMITATIONS ON ANY
41 SUCH WAIVER ESTABLISHED IN THIS SECTION;
42 (III) IDENTIFY ANY SPECIFIC STATUTORY REQUIREMENTS THAT MAY IMPEDE THE
43 SUCCESSFUL IMPLEMENTATION OF SUCH PROJECTS AND SUBMIT REQUESTS TO THE
44 LEGISLATURE IN ACCORDANCE WITH ARTICLE VII OF THE STATE CONSTITUTION FOR
45 SPECIFIC LEGISLATIVE ENACTMENTS NECESSARY TO REMOVE SUCH IMPEDIMENTS;
46 AND
47 (IV) PROVIDE ASSISTANCE NEEDED FOR SUCCESSFUL IMPLEMENTATION OF THE
48 ACTION PLAN.
49 (D) ONGOING RESPONSIBILITIES. THE COMMITTEE SHALL MONITOR EACH
50 APPROVED PROJECT TO ENSURE THAT SERVICES ARE PROVIDED IN ACCORDANCE WITH
51 THIS ARTICLE AND THAT FUNDS ARE USED IN ACCORDANCE WITH APPLICABLE STATE
52 AND FEDERAL LAW AND REGULATIONS, AND SHALL REQUIRE SUCH REPORTS AS IT
53 SHALL DEEM NECESSARY FROM ANY PROJECT.
54 (E) AUTHORITY FOR WAIVER. ANY OTHER PROVISION OF ANY OTHER LAW TO THE
55 CONTRARY NOTWITHSTANDING, FOR THE PURPOSE OF PROMOTING INNOVATIVE
56 APPROACHES AND MAXIMIZE EFFECTIVE USE OF FEDERAL, STATE, AND LOCAL
S. 2004 5
1 MONIES, THE COMMISSIONER OR DIRECTOR OF ANY STATE AGENCY WHICH IS A
2 MEMBER OF THE COMMITTEE MAY WAIVE, SUBJECT TO THE APPROVAL OF THE DIREC-
3 TOR OF THE BUDGET, FOR THOSE PERSONS, PROVIDERS, AND COMMUNITIES
4 INVOLVED IN A PROJECT, ANY OF SUCH AGENCY'S REGULATORY REQUIREMENTS THAT
5 MAY IMPEDE THE SUCCESSFUL IMPLEMENTATION OF A PROJECT, PROVIDED THAT
6 SUCH WAIVER IS CONSISTENT WITH APPLICABLE STATE AND FEDERAL STATUTES AND
7 THAT IT WILL NOT IMPAIR THE GENERAL HEALTH OR WELFARE OF THE PEOPLE
8 RECEIVING SERVICES UNDER SUCH PROJECT OR OTHERS. SUCH COMMISSIONER OR
9 DIRECTOR SHALL BE AUTHORIZED, IN CONSULTATION WITH THE DIRECTOR OF THE
10 BUDGET, TO IMPOSE APPROPRIATE ALTERNATIVE STANDARDS IN PLACE OF ANY
11 WAIVED REQUIREMENTS.
12 7. ADDITIONAL RESPONSIBILITIES OF THE OFFICE. (A) UNLESS OTHERWISE
13 PRESCRIBED, THE OFFICE OR ITS DESIGNEES SHALL BE RESPONSIBLE FOR THE
14 ADMINISTRATION OF THE PROVISIONS OF THIS ARTICLE. IN CONSULTATION WITH
15 THE COMMITTEE, THE OFFICE SHALL DEVELOP AND DISSEMINATE A REQUEST FOR
16 PROPOSALS ON A STATEWIDE BASIS, PROVIDED HOWEVER THAT DURING THE FIRST
17 YEAR OF IMPLEMENTATION, THE COMMITTEE MAY LIMIT THE LOCATIONS FOR
18 DISSEMINATION OF SUCH REQUEST FOR PROPOSALS BASED ON RELEVANT DEMOGRAPH-
19 IC DATA AND SUCH OTHER FACTORS AS MAY BE DETERMINED BY THE COMMITTEE.
20 NOT LESS THAN THIRTY DAYS PRIOR TO DISSEMINATION OF SUCH REQUESTS FOR
21 PROPOSALS IN SUCH STATE FISCAL YEAR, THE OFFICE SHALL NOTIFY THE TEMPO-
22 RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY OF SUCH
23 PROPOSED LOCATIONS AND THE CRITERIA FOR SELECTION, IF ANY.
24 (B) NOT LESS THAN TEN BUSINESS DAYS PRIOR TO APPROVING AN APPLICATION
25 PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE COMMITTEE, THROUGH THE
26 OFFICE, SHALL NOTIFY THE TEMPORARY PRESIDENT OF THE SENATE AND THE
27 SPEAKER OF THE ASSEMBLY OF ITS INTENT TO APPROVE A PROJECT. SUCH NOTIFI-
28 CATION SHALL IDENTIFY THE RECIPIENT AND STATE THE PROPOSED LOCATION, THE
29 ESTIMATED PROJECT COST, AND A BRIEF DESCRIPTION OF THE PROJECT.
30 (C) THE DIRECTOR AND THE OTHER MEMBERS OF THE COMMITTEE SHALL ENTER
31 INTO SUCH AGREEMENTS AS SHALL BE NECESSARY TO DELINEATE THEIR RESPECTIVE
32 ROLES REGARDING THE COOPERATIVE PROVISION OF PROGRAM FUNDING AND TECHNI-
33 CAL ASSISTANCE, AND THE REVIEW AND MONITORING OF PROJECTS.
34 (D) THE OFFICE SHALL PROVIDE ASSISTANCE TO APPROVED PROJECTS TO DEVEL-
35 OP AN EVALUATION METHODOLOGY APPROPRIATE TO THE GOALS AND OBJECTIVES OF
36 THE PROJECTS.
37 8. COMMUNITY INITIATIVES PROJECT UNIFIED CONTRACT. THE OFFICE SHALL
38 ENTER INTO A COMMUNITY INITIATIVES PROJECT UNIFIED CONTRACT WITH EACH
39 APPLICANT APPROVED BY THE COMMITTEE. THE PROVISIONS OF SUCH CONTRACT
40 SHALL INCLUDE, BUT NOT BE LIMITED TO: A DESCRIPTION OF PROJECT SERVICES
41 AND ACTIVITIES, THE ACTION PLAN, THE ALLOWABLE PROJECT COSTS, THE
42 SPECIFIC SOURCES OF FUNDS THAT WILL SUPPORT THE APPROVED COSTS, INCLUD-
43 ING STATE FUNDS, LOCAL FUNDS, OTHER GOVERNMENTAL FUNDS, AND ALL NONGOV-
44 ERNMENTAL FUNDS OR REVENUES THAT ARE PROPOSED TO BE USED IN SUPPORT OF
45 ALL PROJECT COSTS, AND THE ALLOCATION OF COSTS BY FUNDING SOURCE. THE
46 FORM OF THE COMMUNITY INITIATIVES UNIFIED CONTRACT SHALL BE DEVELOPED IN
47 CONSULTATION WITH THE DIVISION OF THE BUDGET AND THE OFFICE OF AUDIT AND
48 CONTROL.
49 9. INTERCHANGE. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY
50 NOTWITHSTANDING, THE COMPTROLLER IS AUTHORIZED PURSUANT TO A CERTIFICATE
51 OF ALLOCATION SUBMITTED BY THE DIVISION OF THE BUDGET TO INTERCHANGE OR
52 TRANSFER FROM APPROPRIATIONS MADE TO THE AGENCIES OF THE COMMITTEE OR
53 ANY OTHER APPROPRIATION, AS APPROPRIATE, SUCH AMOUNTS AS MAY BE REQUIRED
54 TO FULFILL THE OBLIGATIONS OF THE STATE PURSUANT TO COMMUNITY INITI-
55 ATIVES UNIFIED CONTRACTS TO THE OFFICE FOR PAYMENT OF SUCH OBLIGATIONS.
56 THE DIVISION OF THE BUDGET SHALL PROVIDE THE CHAIRS OF THE SENATE
S. 2004 6
1 FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE WITH COPIES
2 OF SUCH CERTIFICATES AT LEAST FIVE BUSINESS DAYS PRIOR TO SUBMITTAL TO
3 THE COMPTROLLER AND SHALL ADDITIONALLY PROVIDE QUARTERLY REPORTS OF ALL
4 INTERCHANGES AND TRANSFERS WHICH OCCUR PURSUANT TO THIS SUBDIVISION.
5 10. ADDITIONAL ALLOWABLE COSTS. IN ADDITION TO COSTS FOR SERVICE
6 DELIVERY, ADDITIONAL ALLOWABLE COSTS FOR EACH PROJECT SHALL INCLUDE, BUT
7 NOT BE LIMITED TO COSTS REASONABLY INCURRED FOR:
8 (A) PREPARATION OF THE PLAN REQUIRED PURSUANT TO THIS ARTICLE;
9 (B) SERVICES AS APPROVED IN THE PROJECT APPLICATION;
10 (C) EVALUATION OF THE APPROVED PROJECT;
11 (D) ADMINISTRATION, PROVIDED HOWEVER IN EVERY CASE, THE SUPPORT OF
12 ADMINISTRATIVE COSTS PURSUANT TO THE CONTRACT SHALL BE NOT MORE THAN THE
13 MAXIMUM PERCENTAGE AUTHORIZED FOR EACH SOURCE OF FUNDING OR THE TOTAL
14 MAXIMUM DOLLARS ALLOWED FOR ADMINISTRATIVE COSTS FOR EACH FUNDING
15 SOURCE; AND
16 (E) MINOR RENOVATIONS TO EXISTING STRUCTURES, EXCEPT THAT IN NO CASE
17 SHALL THE STATE SUPPORT OF SUCH COSTS EXCEED EITHER TWENTY-FIVE PERCENT
18 OF THE PROJECT CONTRACT OR FIFTY PERCENT OF THE TOTAL RENOVATION COSTS,
19 WHICHEVER IS LESS.
20 11. MAINTENANCE OF EFFORT. FUNDING MADE AVAILABLE THROUGH THE CONTRACT
21 SHALL NOT BE USED TO SUPPLANT LOCAL OR OTHER FUNDS.
22 12. EVALUATION. THE COMMITTEE SHALL CONDUCT TWO EVALUATIONS OF THE
23 IMPLEMENTATION AND EFFECTIVENESS OF THIS ARTICLE: A COMPILATION OF INDI-
24 VIDUAL PROJECT EVALUATIONS TO BE CONDUCTED IN ACCORDANCE WITH CRITERIA
25 ESTABLISHED IN THIS ARTICLE; AND A COMPREHENSIVE COMMUNITIES INITIATIVES
26 EVALUATION.
27 (A) INDIVIDUAL PROJECT EVALUATIONS SHALL BE CONDUCTED PURSUANT TO THE
28 REQUIREMENTS OF THIS ARTICLE AND SUBMITTED TO THE COMMITTEE FOR REVIEW.
29 THE COMMITTEE SHALL FORWARD ITS COMMENTS AND CRITICISMS TO THE APPROVED
30 PROJECTS WITH RECOMMENDATIONS OF STRATEGIES FOR REMEDIATION OF PROJECT
31 DEFICIENCIES. FURTHER, THE COMMITTEE SHALL COMPILE THE EVALUATIONS AND
32 THE REQUIRED COMMENTS AND RECOMMENDATIONS INTO A SINGLE DOCUMENT AND
33 SHALL SUBMIT SUCH COMPILATION TO THE GOVERNOR AND THE LEGISLATURE BY
34 JANUARY FIRST OF THE THIRD YEAR FOLLOWING IMPLEMENTATION OF THIS
35 PROJECT.
36 (B) THE COMMITTEE SHALL CAUSE TO BE PREPARED A COMPREHENSIVE COMMUNITY
37 INITIATIVES PROJECT EVALUATION, WHICH SHALL ASSESS THE EFFICACY AND
38 IMPACT OF THE UNIFIED CONTRACT, THE AUTHORIZATION RELATING TO WAIVER OF
39 REGULATIONS, AND THE STATUTORY EXEMPTIONS ON THE DELIVERY OF SERVICES
40 ENACTED BY THE LEGISLATURE. IN ADDITION, THE COMMITTEE SHALL ASSESS THE
41 EXTENT TO WHICH THE INITIATIVE HAS:
42 (I) ACCOMPLISHED THE GOALS AND OBJECTIVES;
43 (II) IMPROVED THE COORDINATION OF PROGRAM DEVELOPMENT AND SERVICE
44 PROVISION BY THE AGENCIES PARTICIPATING ON THE COMMITTEE; AND
45 (III) REDUCED OR ELIMINATED DUPLICATIVE AND CONFLICTING REGULATIONS.
46 13. REPORTS. (A) THE COMMITTEE SHALL SUBMIT A REPORT TO THE GOVERNOR
47 AND THE LEGISLATURE ON OR BEFORE THE FIRST DAY OF MARCH OF EACH YEAR
48 SUBSEQUENT TO A YEAR IN WHICH FUNDS HAVE BEEN AWARDED TO IMPLEMENT
49 COMMUNITY INITIATIVES PROJECTS REGARDING THE ACTIVITIES AND ACTIONS OF
50 THE COMMITTEE, THE CRITERIA USED TO EVALUATE PROJECT GOALS, OBJECTIVES,
51 AND OUTCOMES, AND BASED ON THESE FACTORS, THE EFFECTIVENESS OF SUCH
52 PROJECTS IN REACHING THE GOALS AND OBJECTIVES OF THE INDIVIDUAL
53 PROJECTS. THE REPORT SHALL ADDRESS THE APPROPRIATENESS OF CONTINUING THE
54 PROVISIONS OF THIS SECTION AND THE FEASIBILITY OF REPLICATING SUCH
55 PROJECTS IN OTHER AREAS OF THE STATE. THE REPORT SHALL INCLUDE RECOMMEN-
56 DATIONS, BASED ON THE EXPERIENCE GAINED UNDER THE PROVISIONS OF THIS
S. 2004 7
1 ARTICLE, FOR MODIFYING STATEWIDE POLICIES THAT DIRECT PUBLICLY FUNDED
2 PROGRAMS.
3 (B) THE COMMITTEE SHALL ADDITIONALLY SUBMIT TO THE GOVERNOR AND THE
4 LEGISLATURE AN INTERIM REPORT, WHICH SHALL INCLUDE A COMPILATION OF THE
5 GOALS AND OBJECTIVES OF THE APPROVED PROJECTS, AND SHALL SUPPLEMENT SUCH
6 COMPILATION WITH A STATEMENT OF GOALS AND OBJECTIVES THAT RELATE SPECIF-
7 ICALLY TO THE STATE'S ROLE IN POLICY DEVELOPMENT, ADMINISTRATION, AND
8 DELIVERY OF SERVICES TO THE TARGETED COMMUNITIES NOT LATER THAN JANUARY
9 FIRST, IN THE THIRD YEAR FOLLOWING IMPLEMENTATION.
10 S 3. This act shall take effect on the first of April next succeeding
11 the date on which it shall have become a law and shall expire and be
12 deemed repealed on the first of April in the sixth year next succeeding
13 such effective date.
