What's happening
This bill requires the state to set maximum fees that adult homes can charge residents for using, maintaining, and repairing private air conditioners.
Why it matters
Protects residents from excessive or arbitrary air conditioner fees. by requiring the state to set a maximum that adult homes can charge, potentially preventing financial exploitation of vulnerable populations.
Ensures transparency and fairness. in how charges for air conditioner use, maintenance, and repair are determined, as fees must follow a state-regulated schedule rather than being set at the discretion of facility operators.
Mandates regular updates to fee limits. to reflect changes in energy costs and inflation, so residents are not subject to outdated or unfair pricing as market conditions change.
Excludes equipment obtained through certain assistance programs (EnAble). from these charges, ensuring that residents who acquired air conditioners via support programs are not unfairly billed.
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Who cares
Headline styles
Cap Air Conditioner Charges
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4920
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the social services law, in relation to establishing a fee schedule for the use, maintenance and repair of air conditioners in adult homes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 461-q of the social services law, as added by section 46 of part B of chapter 58 of the laws of 2004, is amended to read as follows:
§ 461-q. Temperature standards in adult homes, enriched housing programs and residences for adults. 1. The commissioner of health shall promulgate rules and regulations with respect to an allowable temperature in all areas occupied by residents of an adult home, enriched housing program and residence for adults, including any areas intended for use by its residents in common including auditoriums, meeting rooms and cafeterias. One common room in such adult home, enriched housing program and residence for adults shall be required to be air conditioned.
2. The commissioner of health is hereby authorized and directed to establish a schedule of reasonable maximum allowable charges that may be assessed by adult homes, enriched housing programs, and residences for adults to residents for the use, maintenance, and repair of the individual air conditioners in the residents' private living quarters, provided that the air conditioners were not acquired through the enhancing abilities and life experience (EnAble) program. Adult homes, enriched housing programs, and residences for adults that elect to charge residents who operate individual air conditioners in their private living quarters must adhere to such schedule of reasonable maximum allowable charges. In determining the reasonable maximum allowable charges for the use, maintenance, and repair of the individual air conditioners, the commissioner
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07279-01-7
S. 4920 2
of health shall consider the variable nature of the market price of energy and shall annually adjust such schedule of applicable costs to account for such variability and for annual inflation, as determined from the increase in the consumer price index as reported by the Bureau of Labor Statistics of the United States Department of Labor.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to establishing a fee schedule for the use, maintenance and repair of air conditioners in adult homes
Summary of specific provisions
1. Amends section 461-q of the Social Services Law. Authorizes and directs the Commissioner of Health to establish maximum charges for the use, maintenance and repair of air conditioners used by individual residents, except for those air conditioners paid for through the EnAble program, to ensure that charges for the use, maintenance and repair of such air conditions are not unreasonable or excessive. That program bars the operator from charging for the use, repair or maintenance of the units.
2. Effective Date.
Existing law
Current law requires the Commissioner of Health to promulgate rules and regulations regarding temperature standards in adult homes, enriched housing and residences for adults.
Justification
Most residents in adult homes, enriched housing programs or residences for adults have very meager allowances for personal items for their own comfort. During the summer, in very hot, stuffy rooms, these residents can often fall ill from the heat if they do not have air conditioning. Many take medications which exacerbate the effects of the heat, making the need for air conditioning a medical issue.
The State, with some extra incentives, has encouraged the adult homes to purchase air conditioners. But some of them have charged residents exorbitant fees for running the air conditioners even after they get them. This bill would direct the commissioner of health to set maximum charges, taking into consideration the price of electricity, while preventing the cost from making it impossible for residents to use the air conditioners.
The amended version of this bill clarifies, but does not change the purpose of this bill.
Prior legislative history
2016: S.351-REFERRED TO HEALTH 2015: S.351- REFERRED TO HEALTH 2014: S.5607A - Amend and Recommit to Health/ A.4306 - Amended on Third Reading 2013: S.5607 Referred to Health Committee/ A.4306- Passed Assembly 2012: S.403A-Amended and Recommitted to Consumer Protection/A.315A- Passed Assembly 2011: S.403-Committee Discharged and Committed to Consumer Protection/A.315-Passed Assembly 2010: S.6932-Died on 3rd Rdg Calendar A.5681A - Passed Assembly
Fiscal implications to state and local government
None.
Effective date
90 days after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.