S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5835

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by  M. of A. McKEVITT, WALKER, ERRIGO, TOWNSEND, RAIA, McDO-
  NOUGH, ALFANO, BARRA -- Multi-Sponsored by -- M. of A. CROUCH, FITZPA-
  TRICK, GIGLIO, P. LOPEZ -- read once and referred to the Committee  on
  Mental Health, Mental Retardation and Developmental Disabilities

AN  ACT  to  amend  the mental hygiene law, in relation to procedures in
  selection of sites for community residential facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  1  of  subdivision (c) of section 41.34 of the
mental hygiene law, as amended by chapter 1024 of the laws of  1981  and
subparagraph  (C)  as  amended  by  chapter  823 of the laws of 1992, is
amended to read as follows:
  (1) When a site has been selected by the sponsoring agency,  it  shall
notify  ALL  PERSONS  OWNING  PROPERTY  WITHIN  FIVE HUNDRED FEET OF THE
PROPOSED SITE AND the chief executive officer  of  the  municipality  in
writing  [and  include  in such notice].   SUCH NOTICE SHALL INCLUDE the
specific address of the site,  the  type  of  community  residence,  the
number  of  residents  and  the  community  support  requirements of the
program. [Such notice] THE NOTICE GIVEN TO THE MUNICIPALITY  shall  also
contain  the  most  recently published data compiled pursuant to section
[four hundred sixty-three] FOUR  HUNDRED  SIXTY-THREE-A  of  the  social
services law which can reasonably be expected to permit the municipality
to  evaluate  all  such facilities affecting the nature and character of
the area wherein such proposed facility is to be  located.  The  munici-
pality  shall  have  [forty] SIXTY days after the receipt of such notice
to:
  (A) approve the site recommended by the sponsoring agency;
  (B) suggest one or more suitable sites within its  jurisdiction  which
could accommodate such a facility; or
  (C) object to the establishment of a facility of the kind described by
the  sponsoring  agency  because to do so would result in such a concen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09182-01-9
              

A. 5835                             2

tration of community residential facilities for the mentally disabled in
the municipality or in the area in proximity to the site selected  or  a
combination  of such facilities with other community residences or simi-
lar facilities licensed by other agencies of state government, including
all community residences, intermediate care facilities, residential care
facilities  for adults and residential treatment facilities for individ-
uals with mental illness or developmental disabilities operated pursuant
to article sixteen or article thirty-one of this chapter and all similar
residential  facilities  of  fourteen  or  less  residents  operated  or
licensed  by  another state agency, that the nature and character of the
areas within the municipality would be substantially altered.
  Such response shall be forwarded to  the  sponsoring  agency  and  the
commissioner.  If the municipality does not respond within [forty] SIXTY
days, the sponsoring agency may establish a  community  residence  at  a
site recommended in its notice.
  S  2.  Paragraph  5  of subdivision (c) of section 41.34 of the mental
hygiene law, as amended by chapter 1024 of the laws of 1981, is  amended
to read as follows:
  (5) In the event the municipality objects to establishment of a facil-
ity  in the municipality because to do so would result in such a concen-
tration of community residential facilities for the mentally disabled or
combination of such facilities and other facilities  licensed  by  other
state agencies that the nature and character of areas within the munici-
pality  would be substantially altered; or the sponsoring agency objects
to the establishment of a facility in the area or areas suggested by the
municipality; or in the event that the municipality and sponsoring agen-
cy cannot agree upon a site, either the sponsoring agency or the munici-
pality may request   an immediate hearing  before  the  commissioner  to
resolve  the  issue.   The commissioner shall personally or by a hearing
officer conduct such a hearing within fifteen days of  such  a  request.
EACH  HEARING SHALL INCLUDE AN EVALUATION OF AND RECOMMENDATIONS REGARD-
ING EACH ALTERNATIVE SITE SUGGESTED BY THE SPONSORING AGENCY OR  MUNICI-
PALITY.
  In reviewing any such objections, the  need for such facilities in the
municipality  shall be considered as shall the existing concentration of
such facilities and other similar facilities  licensed  by  other  state
agencies  in  the  municipality  or in the area in proximity to the site
selected and any other facilities in the municipality or in the area  in
proximity  to  the  site  selected  providing  residential services to a
significant number of persons  who  have  formerly  received  in-patient
mental  health services in  facilities of the office of mental health or
the office of mental retardation and developmental  disabilities.    The
commissioner  shall  sustain  the  objection  if  he determines that the
nature and character of the area in which the facility is  to  be  based
would  be  substantially  altered  as  a  result of establishment of the
facility.  The commissioner shall make  a  determination  within  thirty
days of the hearing.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.