S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10666
 
                           I N  A S S E M B L Y
 
                               May 10, 2018
                                ___________
 
 Introduced  by M. of A. MIKULIN -- read once and referred to the Commit-
   tee on Mental Health
 
 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
 all community residences, intermediate care facilities, residential care
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00353-01-7

 A. 10666                            2
 
 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.
   § 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.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.