NY State Senate Bill 2015-S7738

Senate Bill S7738

2015-2016 Legislative Session

Establishes additional notice requirements for site selection for community residential facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2016	referred to mental health and developmental disabilities

2015-S7738 (ACTIVE) - Details

See Assembly Version of this Bill:: A4094
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §41.34, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5835
2011-2012: A7540
2013-2014: A5754
2017-2018: S3582, A3130, A10666
2019-2020: S2530, A5741
2021-2022: S5818
2023-2024: S2886

2015-S7738 (ACTIVE) - Summary

Provides that a sponsoring agency shall give notice to persons owning property within 500 feet of a proposed site of a community residential facility and requires hearings to include evaluation of alternative sites; gives the municipality additional time to respond; gives municipality sixty rather than forty days after such notice to approve or object to the proposed site.

2015-S7738 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7738

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to procedures in selection of sites for community residential
facilities

 PURPOSE :

To ensure increased community and local government participation in
the site selection process of State established community residential
facilities.

 SUMMARY OF SPECIFIC PROVISIONS :

Amends § 41.34 (c)(1) of the Mental Hygiene Law to provide that when a
site has been selected by the sponsoring agency, that agency shall
notify all property owners within 500 feet of the proposed site of the
specific address of the site, the type of community residence, the
number of residents and the community support requirements of the
program. The amendment to this subdivision would also give a
municipality 60 (sixty) days, rather than the current 40 (forty),
after the receipt of such notice to approve or object to the site
recommended by the sponsoring agency or to suggest a more suitable
site within its jurisdiction which could accommodate such a facility;
and amends § 41.34(c) (5) to provide that each hearing shall include
an evaluation and recommendations regarding each alternative site

suggested by the sponsoring agency or municipality.

 JUSTIFICATION :

Persons owning property in the vicinity of a proposed site for a
community residence are frequently unaware of the sponsoring agency's
intent to establish a facility. Community resistance typically results
when the sponsoring agency disregards the concerns of neighboring
property owners. To encourage a community's active involvement in the
site selection process would help to allay unfounded fears and provide
wider acceptance of such residences.  Current practice in dispute
hearings usually restrict the hearing to a discussion of one disputed
site to ensure that a site selected by the state is most suited to
meet the needs of the persons to be placed in the residence. As well
as those of surrounding neighbors, all options should be considered in
the determination of site selection. It would also be in the best
interests of all parties to allow municipalities 60 (sixty) days to
approve or disapprove a selected site, or to recommend a more suitable
site. The additional time allowed municipalities under this
legislation will ensure that sufficient time has been given for
selection of the most appropriate site for a community residence.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATION :

None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2015-S7738 (ACTIVE) - Bill Text download pdf

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

                                  7738

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental 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-
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

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

                                                           LBD08477-01-5

S. 7738                             2

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 37 of the laws of 2011, 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  persons  with  mental
disabilities  or  combination  of  such  facilities and other facilities
licensed by other state agencies that the nature and character of  areas
within  the municipality would be substantially altered; or the sponsor-
ing agency objects to the establishment of a facility  in  the  area  or
areas  suggested  by  the municipality; or in the event that the munici-
pality and sponsoring agency cannot agree upon a site, either the  spon-
soring  agency  or  the  municipality  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  REGARDING  EACH ALTERNATIVE SITE SUGGESTED BY THE SPON-
SORING AGENCY OR MUNICIPALITY.
  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 for people with developmental disabilities. The  commissioner
shall sustain the objection if he determines that the nature and charac-
ter  of  the area in which the facility is to be based would be substan-
tially altered as a result of establishment of the facility. The commis-
sioner 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.

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