Enacts the "integrated employment, economic development and safety net system for individuals with intellectual and developmental disabilities act"

This bill seeks to maintain and increase opportunities for intellectually and developmentally disabled individuals to participate in the workforce by establishing "integrated employment centers", tax incentives for creating integrated business enterprise and expanded employment opportunities, and coordination of services.

Summary of Provisions:

Sections 1 and 2 provide legislative intent and findings.

Section 3 amends the mental hygiene law adding a new section 13.41, providing for the integrated employment, economic development, and safety net system.

Section 4 amends the transportation law, adding a new subdivision 36, providing for the rural integrated transportation demonstration pilot program.

Section 5 defines integrated business enterprise, qualified investments, and provides for a tax credit of five percent of a qualified investment for integrated business enterprise and provides specifications for tax credits on qualified investments in integrated business enterprise and employment of the intellectually and developmentally disabled.

Sections 6-16 provide specification of individuals eligible for an expanded tax credit to employers of the intellectually and developmentally disabled.

Section 17 provides an immediate effective date, except that sections 5-16 shall take effect on the first of January next succeeding the date on which it shall have become law.

Justification:

Recently, the state and nation has seen a policy shift with respect to employment settings for the intellectually and developmentally disabled. There have been recent national and statewide policy changes calling for the phasing out and closing of sheltered workshop programs. A broad change in policy, however, overlooks the important and invaluable benefits that programs like these have in our communities including opportunities for employment, socialization, and crucial skill development for some of our State's most vulnerable citizens.

Outdated terminology such as "sheltered workshops" limit the scope of the true definition of these programs, which are more rightly characterized as safety net employment, a component of a broad

spectrum of vital employment opportunities for the disabled in our communities.

A statewide policy to close these programs fails to recognize unique considerations of geographic areas of our state that include isolation, lack of available alternative opportunities, and transportation concerns. As a result, a complete prohibition of safety net employment has the potential to foreclose the primary means of employment for the disabled community in certain areas of the state without any added community supports.

Pursuant to the 1999 Supreme Court decision in Olmstead v. United States, to the extent that states offer services to individuals with intellectual and developmental disabilities, such services shall be provided in the most integrated setting appropriate to their needs. With that said, safety net employment provided in integrated work centers has a place as an option within the spectrum of employment. This legislation seeks to work in conjunction with policy changes on the national and state levels, as well as considerations of Olmstead, both expanding opportunities to receive support in a variety of integrated employment options while also maintaining safety-net settings for those who are unable to join the competitive workforce in our State.

Due to the severity of a disability, age, or other factors, many current employees of sheltered workshops or similar settings are unable to participate in the general workforce. This legislation seeks to create pathways of transition to "integrated employment centers", into which existing sheltered workshops can transform or new ventures can become. These settings can effectively employ disabled individuals alongside the non-disabled while maintaining existing infrastructure and community supports. In fact, many facilities across the State have already done this. This bill, however, will provide guidance and tax credits for other providers to utilize in this important conversion. More importantly, it will help preserve important components of local systems in our communities that enable those with developmental disabilities the opportunity to continue work in their home localities.

The Commissioner shall be tasked with setting forth a timetable and requirements for implementation of integrated employment centers and providing transition plans for existing sheltered workshops transformation.

To accommodate the unique needs of rural areas, this legislation also seeks to establish a rural integrated transportation demonstration pilot program through coordination of services including public transportation systems and human service agencies. The establishment of this pilot shall be made in an effort to streamline and eliminate redundancies in transportation and yield savings to invest in expanded transportation opportunities to support access to integrated employment.

Finally, this legislation seeks to incentivize community employers to employ individuals who can participate in a more competitive environment with the opportunities to do so. The existing disability

tax credit is expanded to include part-time work of those individuals assessed by OPWDD.

As our State continues to consider transitions in our programming and services to the developmentally disabled it is imperative that we ensure that a quality of life for these individuals is preserved. The loss of employment opportunities would be devastating to hundreds of disabled New Yorkers and their families. We need to maintain avenues for these individuals to enrich their lives with a sense of routine, the satisfaction of a day's work, social interaction, independence, and contribution to our economy.

Legislative History:

None.

Fiscal Implications:

With respect to the study by the Commissioner of the OPWDD there is no projected fiscal impact.

The rural transportation pilot program is projected to avoid new costs to the State that will otherwise be necessary to expand access to integrated employment, as a result of coordinated transportation services across human services agencies.

The creation and expansion of business tax credits for those employing people with developmental disabilities will not create a new fiscal expense to the State budget and for those who obtain full-time employment is projected to save the State $1,200 per person. Individuals who will be serviced by these tax credits would traditionally receive more costly prevocational services. Moreover, these savings are coupled with savings in state supplemental security income benefits.

Effective Date:

This act shall take effect immediately, except that sections five through thirteen of this act shall take effect on the first of January next succeeding the date on which it shall have become a law.