S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4128
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2015
                                      ___________
       Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
         Committee on Social Services
       AN ACT to amend the social services law and the public authorities  law,
         in  relation  to  directing  the  out-of-state  placement committee to
         develop a residential bed plan and  in  relation  to  authorizing  the
         dormitory authority to finance new facilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 483-d of the social  services  law  is  amended  by
    2  adding a new subdivision 7-a to read as follows:
    3    7-A.  RESIDENTIAL  BED  PLAN. (A) THE OUT-OF-STATE PLACEMENT COMMITTEE
    4  MEMBERS SHALL DEVELOP A RESIDENTIAL BED PLAN THAT  INCLUDES  RECOMMENDA-
    5  TIONS  TO  ADDRESS  CURRENT  AND  FUTURE PROGRAMMATIC AND PHYSICAL PLANT
    6  NEEDS FOR RENOVATED AND NEW IN-STATE CAPACITY AT RESIDENTIAL SCHOOLS AND
    7  RESIDENTIAL FACILITIES, INCLUDING BUT NOT LIMITED TO: RESIDENTIAL INSTI-
    8  TUTIONS FOR CHILDREN, AS DEFINED IN SUBDIVISION  FORTY-FOUR  OF  SECTION
    9  SIXTEEN  HUNDRED SEVENTY-SIX OF THE PUBLIC AUTHORITIES LAW AND ANY OTHER
   10  OFFICE OF CHILDREN AND FAMILY SERVICES LICENSED FACILITY; AND  COMMUNITY
   11  RESIDENCES,  AS  DEFINED  IN SUBDIVISION TWENTY-EIGHT OF SECTION 1.03 OF
   12  THE MENTAL HYGIENE LAW.
   13    (I) THE COMMITTEE, IN CONSULTATION WITH THE DIVISION  OF  THE  BUDGET,
   14  SHALL  DEVELOP  A RESIDENTIAL BED PLAN THAT WILL BE BASED ON AGENCY DATA
   15  REGARDING CHILDREN CURRENTLY IN NEED OF  RESIDENTIAL  SERVICES  AND  THE
   16  PROJECTED  FUTURE NEED FOR SUCH SERVICES, AND CURRENT PHYSICAL STATE AND
   17  CAPACITY OF RESIDENTIAL SCHOOLS AND RESIDENTIAL FACILITIES. EACH  MEMBER
   18  AGENCY  THAT  PLACES  CHILDREN  OR  HAS OVERSIGHT RESPONSIBILITY FOR THE
   19  PLACEMENT OF CHILDREN IN RESIDENTIAL SCHOOLS OR  RESIDENTIAL  FACILITIES
   20  WILL PROVIDE THIS DATA TO THE COMMITTEE.
   21    (II) THE COMMITTEE SHALL FORWARD THE PLAN TO THE GOVERNOR, THE MAJORI-
   22  TY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
   23  ER  OF  THE  SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY, AS SOON AS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08011-01-5
       A. 4128                             2
    1  PRACTICABLE, BUT NO LATER  THAN  THE  ANNUAL  PROGRESS  REPORT  REQUIRED
    2  PURSUANT  TO  SUBDIVISION  SEVEN OF THIS SECTION, WITH ANNUAL UPDATES ON
    3  ITS PROGRESS IN MEETING THE PLAN'S GOALS TO BE  INCLUDED  THEREAFTER  IN
    4  SUCH REPORT.
    5    (B)  IN  ACCORDANCE  WITH  THE  RESIDENTIAL  BED PLAN DEVELOPED BY THE
    6  COMMITTEE AND IN CONSULTATION WITH THE DIVISION OF THE BUDGET,  INDIVID-
    7  UAL  COMMITTEE  MEMBER  AGENCIES  SHALL ISSUE A REQUEST FOR PROPOSALS TO
    8  PROVIDERS OF NOT-FOR-PROFIT RESIDENTIAL SCHOOLS OR  RESIDENTIAL  FACILI-
    9  TIES  WITHIN  THE  STATE FOR THE CONSTRUCTION OF NEW RESIDENTIAL SCHOOLS
   10  AND RESIDENTIAL FACILITIES  AND  THE  RENOVATION  OR  REHABILITATION  OF
   11  EXISTING RESIDENTIAL SCHOOLS AND RESIDENTIAL FACILITIES.
   12    (C)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO THE CONTRARY,
   13  MEMBERS OF THE COMMITTEE  SHALL  AUTHORIZE  OR  SEEK  AUTHORIZATION  FOR
   14  CREATION  OF  A  REIMBURSEMENT FACTOR FOR APPROVED CAPITAL COSTS FOR NEW
   15  FACILITIES AND RENOVATION OR REHABILITATION OF EXISTING FACILITIES WITH-
   16  IN THE EXISTING RATE METHODOLOGIES OF SUCH MEMBER AGENCY, INCLUDING  ANY
   17  SPECIAL  RATE  METHODOLOGIES  ESTABLISHED  FOR  THE  DORMITORY AUTHORITY
   18  FINANCED PROGRAMS, UPON ITS DETERMINATION AND WITH  THE  CONCURRENCE  OF
   19  THE MEMBERS OF THE COMMITTEE, THAT THE CONSTRUCTION OR REHABILITATION OF
   20  SUCH  RESIDENTIAL  SCHOOL  OR  RESIDENTIAL  FACILITY IS DESIRABLE AND IN
   21  KEEPING WITH THE RESIDENTIAL BED PLAN.
   22    (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
   23  DORMITORY  AUTHORITY  IS  HEREBY  AUTHORIZED TO PROVIDE FINANCING OF THE
   24  COSTS RELATED TO THE CONSTRUCTION OF NEW FACILITIES AND  THE  RENOVATION
   25  OR REHABILITATION OF EXISTING RESIDENTIAL SCHOOLS AND RESIDENTIAL FACIL-
   26  ITIES,  PURSUANT  TO THE PLAN DEVELOPED IN ACCORDANCE WITH PARAGRAPH (A)
   27  OF THIS SUBDIVISION.
   28    (E) NOTHING CONTAINED IN  THIS  SUBDIVISION  SHALL  REQUIRE  THAT  THE
   29  DORMITORY AUTHORITY BE THE SOLE OR ONLY FINANCIER OF SUCH NEW FACILITIES
   30  OR RENOVATION OR REHABILITATION OF EXISTING FACILITIES.
   31    S  2.  Paragraph  (b)  of  subdivision 2 of section 1676 of the public
   32  authorities law is amended by adding a  new  undesignated  paragraph  to
   33  read as follows:
   34    ANY  RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY AS DEFINED IN SUBDIVI-
   35  SION FORTY-SIX OF THIS SECTION FOR THE FINANCING,  REFINANCING,  DESIGN,
   36  REPLACEMENT  (INCLUDING  ACQUISITION  AND CONSTRUCTION), RECONSTRUCTION,
   37  REHABILITATION, IMPROVEMENT, RENOVATION, AND  EQUIPPING  OF  RESIDENTIAL
   38  SCHOOLS OR RESIDENTIAL FACILITIES.
   39    S 3. Section 1676 of the public authorities law is amended by adding a
   40  new subdivision 46 to read as follows:
   41    46. THE TERM "RESIDENTIAL FACILITY" OR "RESIDENTIAL SCHOOL" SHALL MEAN
   42  A  NOT-FOR-PROFIT  CORPORATION  THAT IS LICENSED OR CERTIFIED BY A STATE
   43  AGENCY OR DEPARTMENT TO OPERATE A RESIDENTIAL SCHOOL  OR  A  RESIDENTIAL
   44  FACILITY FOR CHILDREN PLACED BY STATE AND LOCAL AGENCIES OR DEPARTMENTS,
   45  INCLUDING  BUT  NOT  LIMITED TO, THE COMMITTEE ON SPECIAL EDUCATION OF A
   46  SCHOOL DISTRICT OR LOCAL SOCIAL SERVICES DISTRICT.
   47    S 4. Subdivision l of section 1680 of the public  authorities  law  is
   48  amended by adding a new undesignated paragraph to read as follows:
   49    ANY  RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY AS DEFINED IN SUBDIVI-
   50  SION FORTY-SIX OF SECTION SIXTEEN HUNDRED SEVENTY-SIX OF THIS TITLE  FOR
   51  THE  FINANCING,  REFINANCING, DESIGN, REPLACEMENT (INCLUDING ACQUISITION
   52  AND CONSTRUCTION), RECONSTRUCTION,  REHABILITATION,  IMPROVEMENT,  RENO-
   53  VATION AND EQUIPPING OF SUCH RESIDENTIAL SCHOOLS AND RESIDENTIAL FACILI-
   54  TIES  THAT  HAVE BEEN APPROVED IN ACCORDANCE WITH SUBDIVISION SEVEN-A OF
   55  SECTION FOUR HUNDRED EIGHTY-THREE-D OF THE SOCIAL SERVICES LAW AND  THAT
       A. 4128                             3
    1  ARE CONSISTENT WITH THE RESIDENTIAL BED PLAN ADVANCED IN ACCORDANCE WITH
    2  SUCH SUBDIVISION.
    3    S 5. Section 1680 of the public authorities law is amended by adding a
    4  new subdivision 41 to read as follows:
    5    41.  A.  ANY  LEASE,  SUBLEASE  OR  OTHER AGREEMENT BY AND BETWEEN THE
    6  AUTHORITY AND  A  NOT-FOR-PROFIT  CORPORATION  OPERATING  A  RESIDENTIAL
    7  SCHOOL   OR  RESIDENTIAL  FACILITY  SHALL,  IN  ADDITION  TO  ANY  OTHER
    8  PROVISIONS DEEMED NECESSARY BY THE AUTHORITY, CONTAIN THE FOLLOWING:
    9    (1) A REQUIREMENT THAT SUCH NOT-FOR-PROFIT  CORPORATION  ESTABLISH  AN
   10  ACCOUNT  WITH  A  BANK OR TRUST COMPANY ACCEPTABLE TO THE AUTHORITY INTO
   11  WHICH THE NOT-FOR-PROFIT CORPORATION  SHALL  DEPOSIT,  OR  CAUSE  TO  BE
   12  DEPOSITED,  ALL AMOUNTS RECEIVED BY SUCH NOT-FOR-PROFIT CORPORATION FROM
   13  ANY SCHOOL DISTRICT, SOCIAL SERVICES DISTRICT, OR  ANY  OTHER  PAYOR  ON
   14  ACCOUNT  OF  THE  RESIDENTIAL  AND EDUCATIONAL SERVICES PROVIDED BY SUCH
   15  NOT-FOR-PROFIT CORPORATION. THE NOT-FOR-PROFIT CORPORATION  SHALL  GRANT
   16  TO  THE  AUTHORITY A SECURITY INTEREST IN SUCH ACCOUNT AND THE MONEYS ON
   17  DEPOSIT THEREIN SHALL BE SUBJECT TO  WITHDRAWAL  BY  THE  NOT-FOR-PROFIT
   18  CORPORATION  ONLY  AFTER PAYMENT OF AMOUNTS THEN DUE TO THE AUTHORITY AS
   19  PROVIDED IN SUCH LEASE, SUBLEASE OR OTHER AGREEMENT;
   20    (2) A REQUIREMENT THAT THE NOT-FOR-PROFIT  CORPORATION  GRANT  TO  THE
   21  AUTHORITY   EITHER  A  MORTGAGE  ON  THE  REAL  PROPERTY  USED  BY  SUCH
   22  NOT-FOR-PROFIT  CORPORATION  TO  PROVIDE  RESIDENTIAL  AND   EDUCATIONAL
   23  SERVICES OR SUCH OTHER INTEREST IN REAL PROPERTY AS IS ACCEPTABLE TO THE
   24  AUTHORITY;
   25    (3)  A  REQUIREMENT  THAT  THE  NOT-FOR-PROFIT CORPORATION CONTINUE TO
   26  OPERATE A RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY FOR CHILDREN PLACED
   27  BY STATE AND LOCAL AGENCIES AND DEPARTMENTS (INCLUDING BUT  NOT  LIMITED
   28  TO  THE  COMMITTEE  ON SPECIAL EDUCATION OF A SCHOOL DISTRICT OR A LOCAL
   29  SOCIAL SERVICES DISTRICT) FOR THE TERM OF THE LEASE, SUBLEASE  OR  OTHER
   30  AGREEMENT  AND  IN THE EVENT SUCH NOT-FOR-PROFIT CORPORATION FAILS TO DO
   31  SO, PROVIDE FOR THE TRANSFER AND OPERATION OF THE  RESIDENTIAL  PROGRAMS
   32  OR EDUCATIONAL PROGRAMS TO A REPLACEMENT NOT-FOR-PROFIT OPERATOR THAT IS
   33  QUALIFIED  TO PROVIDE SUCH SERVICES AND THAT HAS ASSUMED THE OBLIGATIONS
   34  OF SUCH NOT-FOR-PROFIT CORPORATION PURSUANT TO SUCH AGREEMENT;
   35    (4) ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHORIZED AND REQUIRED TO
   36  PAY ALL FUNDS PAYABLE TO A RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY ON
   37  ACCOUNT OF THE RESIDENTIAL AND EDUCATIONAL  SERVICES  PROVIDED  BY  SUCH
   38  NOT-FOR-PROFIT  CORPORATION  INTO  THE  ACCOUNT  ESTABLISHED PURSUANT TO
   39  SUBPARAGRAPH ONE OF THIS PARAGRAPH. IN THE EVENT OF THE FAILURE  OF  THE
   40  APPLICABLE  PAYOR  TO  MAKE A MAINTENANCE RATE PAYMENT (OR OTHER SIMILAR
   41  RATE COMPONENT ESTABLISHED BY  THE  STATE  AGENCY  OR  DEPARTMENT  WHICH
   42  LICENSED OR CERTIFIED THE RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY) TO
   43  THE  NOT-FOR-PROFIT  CORPORATION  FOR  RESIDENTIAL  CARE AND EDUCATIONAL
   44  SERVICES PROVIDED TO A CHILD IN THE RESIDENTIAL  SCHOOL  OR  RESIDENTIAL
   45  FACILITY,  THE  STATE  COMPTROLLER SHALL WITHHOLD STATE REIMBURSEMENT TO
   46  THE APPLICABLE PAYOR IN AN AMOUNT EQUAL TO THE UNPAID OBLIGATION FOR THE
   47  CAPITAL FINANCING ADD-ON RATE (OR OTHER SIMILAR  RATE  COMPONENT  ESTAB-
   48  LISHED BY THE STATE AGENCY OR DEPARTMENT WHICH LICENSED OR CERTIFIED THE
   49  RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY) AND PAY OVER SUCH SUM TO THE
   50  AUTHORITY  OR  ITS TRUSTEE UPON CERTIFICATION OF THE COMMISSIONER OF THE
   51  OFFICE OF CHILDREN AND FAMILY SERVICES, THE EDUCATION DEPARTMENT OR  ANY
   52  OTHER STATE GOVERNMENTAL PAYOR, AS APPLICABLE; AND
   53    (5)  A  REQUIREMENT  THAT  THE  NOT-FOR-PROFIT  CORPORATION PAY TO THE
   54  AUTHORITY THE AMOUNT REQUIRED TO PAY THE PRINCIPAL OF  AND  INTEREST  ON
   55  OBLIGATIONS  OF THE AUTHORITY ISSUED IN RELATION TO PROVIDING SUCH RESI-
       A. 4128                             4
    1  DENTIAL SCHOOLS AND RESIDENTIAL FACILITIES AND ALL  INCIDENTAL  EXPENSES
    2  OF THE AUTHORITY INCURRED IN RELATION THERETO.
    3    B.  THE  AUTHORITY  SHALL  NOT  ENTER INTO ANY AGREEMENT AUTHORIZED BY
    4  PARAGRAPH A OF THIS SUBDIVISION UNLESS AND UNTIL  THE  STATE  AGENCY  OR
    5  DEPARTMENT WHICH CERTIFIED THE RESIDENTIAL SCHOOL OR RESIDENTIAL FACILI-
    6  TY,  TOGETHER  WITH  THE  DIRECTOR  OF  THE DIVISION OF THE BUDGET, HAVE
    7  APPROVED IN WRITING THE PROJECT TO BE  FINANCED  WITH  THE  PROCEEDS  OF
    8  BONDS ISSUED BY THE AUTHORITY.
    9    C. THE AUTHORITY SHALL NOT ISSUE ANY BONDS OR NOTES IN EXCESS OF THIR-
   10  TY  MILLION  DOLLARS  FOR  THE PURPOSE OF FINANCING THE COSTS RELATED TO
   11  RESIDENTIAL SCHOOLS OR RESIDENTIAL FACILITIES AS DEFINED IN  SUBDIVISION
   12  FORTY-SIX  OF  SECTION  SIXTEEN HUNDRED SEVENTY-SIX OF THIS TITLE, WHICH
   13  BONDS AND NOTES SHALL BE IN ADDITION TO ANY BONDS  OR  NOTES  WHICH  THE
   14  AUTHORITY  MAY  ISSUE  PURSUANT TO SUBDIVISION FORTY OF THIS SECTION. IN
   15  CALCULATING THE AMOUNT OF BONDS OR NOTES ISSUED OR OUTSTANDING  PURSUANT
   16  TO  THIS SUBDIVISION, THE FOLLOWING SHALL BE EXCLUDED THEREFROM: (1) THE
   17  PRINCIPAL AMOUNT OF BONDS OR NOTES ISSUED  TO  FUND  ONE  OR  MORE  DEBT
   18  SERVICE RESERVE FUNDS; (2) THE PRINCIPAL AMOUNT OF BONDS OR NOTES ISSUED
   19  TO PAY THE COSTS OF ISSUANCE OF SUCH BONDS OR TO PROVIDE FOR THE PAYMENT
   20  OF  INTEREST  ON  THE  BONDS  DURING CONSTRUCTION; AND (3) THE PRINCIPAL
   21  AMOUNT OF BONDS OR NOTES ISSUED TO REFUND OR OTHERWISE REPAY SUCH  BONDS
   22  AND  BONDS OR NOTES PREVIOUSLY ISSUED.  EXCEPT FOR PURPOSES OF COMPLYING
   23  WITH THE INTERNAL REVENUE CODE,  ANY  INTEREST  INCOME  EARNED  ON  BOND
   24  PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS OR NOTES.
   25    S  6. The social services law is amended by adding a new section 462-c
   26  to read as follows:
   27    S 462-C. STANDARDS OF PAYMENT. 1. (A) THE OFFICE OF CHILDREN AND FAMI-
   28  LY SERVICES SHALL ESTABLISH, SUBJECT TO CONSULTATION WITH THE  APPROPRI-
   29  ATE  STATE  AGENCIES,  THE  APPROVAL  OF  THE DIRECTOR OF THE BUDGET AND
   30  FEDERAL APPROVAL, STANDARDS OF PAYMENT FOR THE CAPITAL COSTS OF APPROVED
   31  PROJECTS FOR RESIDENTIAL SCHOOLS OR RESIDENTIAL FACILITIES  WHICH  ENTER
   32  INTO  A  LEASE, SUBLEASE OR OTHER AGREEMENT WITH THE DORMITORY AUTHORITY
   33  PURSUANT TO SUBDIVISION FORTY-ONE OF SECTION SIXTEEN HUNDRED  EIGHTY  OF
   34  THE  PUBLIC  AUTHORITIES  LAW.  THE  MAINTENANCE RATE ESTABLISHED BY THE
   35  COMMISSIONER OF THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  FOR  SUCH
   36  RESIDENTIAL  SCHOOLS  OR  RESIDENTIAL FACILITIES SHALL BE ESTABLISHED IN
   37  TWO PARTS, ONE PART OF WHICH WILL BE THE CAPITAL FINANCING ADD-ON  RATE,
   38  WHICH SHALL BE THE COST PER CHILD OF THE ANNUAL PAYMENT PURSUANT TO SUCH
   39  LEASE,  SUBLEASE  OR  OTHER  AGREEMENT.  THE  APPLICABLE SOCIAL SERVICES
   40  DISTRICT, SCHOOL DISTRICT OR OTHER PAYOR RESPONSIBLE FOR THE MAINTENANCE
   41  COST OF A CHILD PLACED IN SUCH RESIDENTIAL SCHOOL OR RESIDENTIAL FACILI-
   42  TY, SHALL AGREE TO PAY AND IS RESPONSIBLE FOR PAYING THE  NOT-FOR-PROFIT
   43  CORPORATION OPERATING THE RESIDENTIAL SCHOOL OR THE RESIDENTIAL FACILITY
   44  ONE  HUNDRED  PERCENT OF THE CAPITAL FINANCING ADD-ON RATE FOR EACH SUCH
   45  CHILD PLACED IN SUCH INSTITUTION. TO THE EXTENT PERMISSIBLE UNDER FEDER-
   46  AL LAW AND REGULATION, THE CAPITAL FINANCING ADD-ON RATE  SHALL  NOT  BE
   47  SUBJECT TO ANY COST SCREENS, CAPS OR PARAMETERS LIMITING OR REDUCING THE
   48  AMOUNT OF SUCH COST REQUIRED BY THIS SECTION.
   49    (B)  THE  EXPENDITURES  MADE  BY  THE APPLICABLE PAYOR FOR THE CAPITAL
   50  FINANCING ADD-ON RATE FOR CHILDREN PLACED IN  A  RESIDENTIAL  SCHOOL  OR
   51  RESIDENTIAL FACILITY WHICH HAS A LEASE, SUBLEASE OR OTHER AGREEMENT WITH
   52  THE  AUTHORITY  PURSUANT  TO  SUBDIVISION  FORTY-ONE  OF SECTION SIXTEEN
   53  HUNDRED EIGHTY OF THE PUBLIC AUTHORITIES LAW, SHALL BE SUBJECT TO  STATE
   54  REIMBURSEMENT  IN  ACCORDANCE  WITH  SUBDIVISION  FIVE  OF SECTION THREE
   55  HUNDRED NINETY-EIGHT-A OF THIS CHAPTER AND ARTICLE  EIGHTY-NINE  OF  THE
   56  EDUCATION LAW, AS APPLICABLE.
       A. 4128                             5
    1    S  7.  Subdivision  l  of  section  462  of the social services law is
    2  amended by adding a new paragraph (g) to read as follows:
    3    (G) NO RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY AS DEFINED IN SUBDI-
    4  VISION  FORTY-SIX  OF  SECTION SIXTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC
    5  AUTHORITIES LAW SHALL ENTER INTO A LEASE, SUB-LEASE OR  OTHER  AGREEMENT
    6  WITH  THE AUTHORITY PURSUANT TO SUBDIVISION FORTY-ONE OF SECTION SIXTEEN
    7  HUNDRED EIGHTY OF THE PUBLIC AUTHORITIES LAW UNLESS AND UNTIL:
    8    (I) THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE  DIRECTOR  OF  THE
    9  DIVISION OF THE BUDGET AND ANY OTHER STATE AGENCY WHICH LICENSES, CERTI-
   10  FIES  OR  ISSUES  OPERATING  CERTIFICATES  TO SUCH RESIDENTIAL SCHOOL OR
   11  RESIDENTIAL FACILITY FIRST DETERMINES THAT  THE  PROJECT  IS  CONSISTENT
   12  WITH  THE RESIDENTIAL BED PLAN DEVELOPED PURSUANT TO SUBDIVISION SEVEN-A
   13  OF SECTION FOUR HUNDRED EIGHTY-THREE-D OF THIS CHAPTER AND APPROVES  THE
   14  PROJECT  COST ON THE BASIS THAT SUCH COSTS ARE REASONABLE, NECESSARY AND
   15  COST EFFECTIVE BASED UPON THE APPLICATION OF COST PER SQUARE FOOT GUIDE-
   16  LINES AND ANY OTHER STANDARDS APPLICABLE TO THE TYPE OF  PROGRAM  OR  TO
   17  THE  CLINICALLY-REQUIRED  NEEDS OF A SPECIALIZED GROUP OF CHILDREN TO BE
   18  SERVED BY THE PROJECT; AND
   19    (II) THE OFFICE OF CHILDREN AND FAMILY SERVICES OR  SUCH  OTHER  STATE
   20  AGENCY  WHICH  LICENSES,  CERTIFIES  OR ISSUES OPERATING CERTIFICATES TO
   21  SUCH RESIDENTIAL SCHOOLS OR RESIDENTIAL FACILITIES  APPROVES  THE  PLANS
   22  AND  SPECIFICATIONS  OF  THE  FACILITIES  TO BE REPLACED, RECONSTRUCTED,
   23  REHABILITATED, IMPROVED, RENOVATED, OR OTHERWISE PROVIDED FOR, FURNISHED
   24  OR EQUIPPED.
   25    S 8. This act shall take effect immediately.