NY State Senate Bill 2017-S4098

Senate Bill S4098

2017-2018 Legislative Session

Relates to the site selection of community facilities in cities with a population of one million or more

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities 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
Jan 03, 2018	referred to cities
Feb 03, 2017	referred to cities

2017-S4098 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: General Municipal Law
Laws Affected:: Add §239-j, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6758
2019-2020: S1445

2017-S4098 (ACTIVE) - Summary

Relates to the site selection of community facilities in cities with a population of one million or more by municipalities; includes group homes, homeless shelters, detention centers, drug rehabilitation and detoxification centers, halfway houses, wastewater treatment plants, sewage facilities, waste transfer stations, landfills, power plants and chemical processing plants.

2017-S4098 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4098

 TITLE OF BILL :

An act to amend the general municipal law, in relation to the site
selection of community facilities in cities with a population of one
million or more

 PURPOSE :

To involve municipalities in the process of site selection for
community facilities.

 SUMMARY OF PROVISIONS :

Section 1 amends the general municipal law by adding a new section
239-j providing procedures for site selection of community facilities
in cities with a population of one million or more. For purposes of
this section, community facilities include group homes, homeless
shelters, detention centers, drug rehabilitation/detoxification
centers, halfway houses, wastewater treatment plants, sewage
facilities, waste transfer stations, landfills, power plants and
chemical processing plants. In New York City, the community board with
jurisdiction over the area in which such a facility is to be located
shall be considered the municipality.

The sponsoring agency, upon selecting a site, shall notify the
municipality in writing and include the address of the site and all
data which can be reasonably expected to permit the municipality to
evaluate all such facilities affecting the nature and character of the
area. The municipality then shall have 40 days to (i) approve the
site, (ii) suggest one or more suitable sites or (iii) object to the
establishment of a facility of the kind because it would result in
such a concentration of such facilities that the nature and character
of the area would be substantially altered. Such response shall be
forwarded to the sponsoring agency and commissioner of the office of
the department responsible for issuance of license and operating
certificate to the proposed facility. If the municipality does not
respond within 40 days, the sponsoring agency may establish a
community facility at a site recommended in its notice.

Prior to forwarding a response to the sponsoring agency and the
commissioner, the municipality may hold a public hearing pursuant to
local law. If the municipality approves a site recommended by the
sponsoring agency, the sponsoring agency shall seek to establish the
facility at the approved site.

If the municipality suggests a site or sites unsatisfactory to the
sponsoring agency, the sponsoring agency shall so notify the
municipality, which shall have 15 days to suggest an alternative site
or sites.

In the event a municipality objects to the establishment of a facility
because it would result in such a concentration of such facilities
that the nature and character of the area would be substantially
altered; or if the sponsoring agency objects to the establishment of a
facility in an area suggested by the municipality; or if the
municipality and sponsoring agency cannot agree upon a site, either
the sponsoring agency or municipality may request an immediate hearing
before the commissioner to resolve the issue. The commissioner shall
conduct such a hearing within 15 days of such a request.

If the objection is a result of anticipated community facility
concentration, the sponsoring agency shall have the opportunity to
amend their request prior to such hearing to include a community
benefits agreement, offering the municipality a choice between three
additional improvements of equal or greater value compared to the
proposed facility. Funding for such improvements shall be the
responsibility of the city. If after reevaluation the municipality
continues to object, the hearing process shall continue.

The commissioner shall consider the need for such facilities in the
municipality and shall sustain the municipality's objection if the
nature and character of the area would be substantially altered by
establishment of the facility. The commissioner shall make a
determination within 30 days of the hearing.

A licensing authority shall not issue an operating certificate to a
sponsoring agency for operation of a community facility if the
sponsoring agency does not comply with the provisions of this section,
and any such certificate issued shall be considered null and void and
continued operation of the facility may be enjoined.

Section 2 provides this act shall take effect immediately.

 EXISTING LAW :

Section 41.34 of the mental hygiene law, also known as the Padavan
Law, contains similar provisions for group homes (community
residential facilities for the disabled) only. This is a new section
of the general municipal law expanding these provisions to cover
several other facilities. However, these new provisions are only
applicable to cities with a population of one million or more.

Note: The community benefits agreement provision is new to this bill.

 JUSTIFICATION :

Communities must have input concerning the establishment of facilities
to be located within them. They know what their needs and capacities
are and should be afforded the opportunity to receive pertinent
information beforehand, conduct public hearings, object, suggest
alternate sites, negotiate an acceptable compromise with developers
and receive fair adjudication if necessary. Leaving them out of the
process is unjust, disenfranchises residents, erodes quality of life
and substantially alters the nature and character of such areas
inequitably.

 LEGISLATIVE HISTORY :

02/17/16 Referred to Cities
03/03/16 Amend and Recommit to Cities
03/03/16 Print Number 6758A

 FISCAL IMPLICATIONS :

To be determined

 LOCAL FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4098 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4098
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the general municipal  law,  in  relation  to  the  site
   selection  of  community facilities in cities with a population of one
   million or more

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 239-j to read as follows:
   § 239-J. SITE SELECTION OF COMMUNITY FACILITIES IN CITIES WITH A POPU-
 LATION OF ONE MILLION OR MORE. 1. FOR THE PURPOSES OF THIS SECTION,  THE
 FOLLOWING DEFINITIONS SHALL APPLY:
   (A) "COMMUNITY FACILITY" SHALL INCLUDE THE FOLLOWING FACILITIES:
   (I) "GROUP HOMES" SHALL MEAN SUPPORTIVE LIVING FACILITIES WITH FOUR TO
 FOURTEEN  RESIDENTS OR A SUPERVISED LIVING FACILITY SUBJECT TO LICENSURE
 BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE FOR  PEOPLE  WITH  DEVELOP-
 MENTAL  DISABILITIES WHICH PROVIDES A RESIDENCE FOR UP TO FOURTEEN INDI-
 VIDUALS WITH MENTAL DISABILITIES, INCLUDING RESIDENTIAL TREATMENT FACIL-
 ITIES FOR CHILDREN AND YOUTH;
   (II) HOMELESS SHELTERS;
   (III) "DETENTION CENTERS" SHALL MEAN ANY PLACE OPERATED BY THE DEPART-
 MENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  AND  DESIGNATED  BY  THE
 COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION AS A PLACE FOR THE
 CONFINEMENT OF PERSONS UNDER SENTENCE OF IMPRISONMENT OR PERSONS COMMIT-
 TED FOR FAILURE TO PAY A FINE;
   (IV) DRUG REHABILITATION/DETOXIFICATION CENTERS;
   (V) HALFWAY HOUSES;
   (VI) WASTEWATER TREATMENT PLANTS;
   (VII) SEWAGE FACILITIES;
   (VIII) WASTE TRANSFER STATIONS;
   (IX) LANDFILLS;

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

                                                            LBD02190-01-7

 S. 4098                             2
 
   (X) POWER PLANTS; AND
   (XI) CHEMICAL PROCESSING PLANTS;
   (B)  "SPONSORING AGENCY" SHALL MEAN AN AGENCY OR UNIT OF GOVERNMENT, A
 VOLUNTARY AGENCY OR ANY OTHER PERSON OR ORGANIZATION  WHICH  INTENDS  TO
 ESTABLISH OR OPERATE A COMMUNITY FACILITY;
   (C)  "MUNICIPALITY" SHALL MEAN THE CITY, IF SUCH CITY HAS A POPULATION
 OF ONE MILLION OR MORE, EXCEPT THAT IN THE CITY OF NEW YORK, THE  COMMU-
 NITY  BOARD  WITH JURISDICTION OVER THE AREA IN WHICH SUCH A FACILITY IS
 TO BE LOCATED SHALL BE CONSIDERED THE MUNICIPALITY;
   (D) "COMMISSIONER" MEANS THE COMMISSIONER OF THE OFFICE OF THE DEPART-
 MENT RESPONSIBLE FOR ISSUANCE OF LICENSE AND  OPERATING  CERTIFICATE  TO
 THE PROPOSED COMMUNITY FACILITY.
   2.  IF  A  SPONSORING AGENCY INTENDS TO ESTABLISH A COMMUNITY FACILITY
 WITHIN A MUNICIPALITY BUT DOES NOT HAVE A SPECIFIC SITE SELECTED, IT MAY
 NOTIFY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY IN WRITING OF ITS
 INTENTIONS AND INCLUDE IN SUCH NOTICE A DESCRIPTION OF THE NATURE,  SIZE
 AND  COMMUNITY  SUPPORT  REQUIREMENTS OF THE PROGRAM. PROVIDED, HOWEVER,
 NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE PROPOSED ESTABLISHMENT OF
 A SITE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   3. (A) WHEN A SITE HAS BEEN SELECTED  BY  THE  SPONSORING  AGENCY,  IT
 SHALL  NOTIFY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY IN WRITING
 AND INCLUDE IN SUCH NOTICE 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 SHALL ALSO CONTAIN THE MOST
 RECENTLY PUBLISHED  DATA  COMPILED  PURSUANT  TO  SECTION  FOUR  HUNDRED
 SIXTY-THREE  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.
   (B) THE MUNICIPALITY SHALL HAVE FORTY DAYS AFTER THE RECEIPT  OF  SUCH
 NOTICE TO:
   (I) APPROVE THE SITE RECOMMENDED BY THE SPONSORING AGENCY;
   (II)  SUGGEST ONE OR MORE SUITABLE SITES WITHIN ITS JURISDICTION WHICH
 COULD ACCOMMODATE SUCH A FACILITY; OR
   (III) 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 SUCH COMMUNITY FACILITIES IN THE MUNICIPALITY OR IN THE AREA
 IN PROXIMITY TO THE SITE SELECTED OR A COMBINATION  OF  SUCH  FACILITIES
 WITH  OTHER  SIMILAR  COMMUNITY FACILITIES LICENSED BY OTHER AGENCIES OF
 STATE GOVERNMENT, 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  DAYS,
 THE  SPONSORING  AGENCY  MAY  ESTABLISH  A  COMMUNITY FACILITY AT A SITE
 RECOMMENDED IN ITS NOTICE.
   (C) PRIOR TO FORWARDING A RESPONSE TO THE SPONSORING  AGENCY  AND  THE
 COMMISSIONER,  THE  MUNICIPALITY  MAY  HOLD A PUBLIC HEARING PURSUANT TO
 LOCAL LAW.
   (D) IF THE MUNICIPALITY APPROVES THE SITE RECOMMENDED BY THE  SPONSOR-
 ING  AGENCY,  THE SPONSORING AGENCY SHALL SEEK TO ESTABLISH THE FACILITY
 AT THE APPROVED SITE.
   (E) (I) IF THE SITE OR SITES SUGGESTED BY THE MUNICIPALITY ARE  SATIS-
 FACTORY  WITH  REGARD TO THE NATURE, SIZE AND COMMUNITY SUPPORT REQUIRE-
 MENTS OF THE PROGRAM OF THE PROPOSED FACILITY AND THE AREA IN WHICH SUCH
 SITE OR SITES ARE LOCATED DOES NOT ALREADY INCLUDE AN  EXCESSIVE  NUMBER
 OF  SUCH  COMMUNITY  FACILITIES  OR SIMILAR FACILITIES LICENSED BY OTHER

 S. 4098                             3
 
 STATE AGENCIES, THE SPONSORING AGENCY SHALL SEEK TO ESTABLISH ITS FACIL-
 ITY AT ONE OF THE SITES DESIGNATED BY THE MUNICIPALITY.
   (II) IF THE MUNICIPALITY SUGGESTS A SITE OR SITES WHICH ARE NOT SATIS-
 FACTORY TO THE SPONSORING AGENCY, THE AGENCY SHALL SO NOTIFY THE MUNICI-
 PALITY  WHICH  SHALL HAVE FIFTEEN DAYS TO SUGGEST AN ALTERNATIVE SITE OR
 SITES FOR THE PROPOSED COMMUNITY FACILITY.
   (F)(I) IN THE EVENT THE MUNICIPALITY OBJECTS  TO  ESTABLISHMENT  OF  A
 FACILITY  IN THE MUNICIPALITY BECAUSE TO DO SO WOULD RESULT IN A CONCEN-
 TRATION OF SUCH COMMUNITY 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  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 AGENCY CANNOT AGREE UPON A SITE, EITHER THE SPONSORING AGENCY
 OR THE MUNICIPALITY MAY REQUEST AN IMMEDIATE HEARING BEFORE THE  COMMIS-
 SIONER  TO  RESOLVE THE ISSUE. THE COMMISSIONER SHALL PERSONALLY OR BY A
 HEARING OFFICER CONDUCT SUCH A HEARING WITHIN FIFTEEN  DAYS  OF  SUCH  A
 REQUEST.
   (II)  IF  THE  OBJECTION IS A RESULT OF ANTICIPATED COMMUNITY FACILITY
 CONCENTRATION, THE SPONSORING AGENCY SHOULD AMEND THEIR REQUEST PRIOR TO
 SUCH HEARING TO INCLUDE A COMMUNITY BENEFITS  AGREEMENT  THAT  HAS  BEEN
 APPROVED  BY  THE CITY. SUCH CITY SHOULD MAKE EVERY EFFORT TO REACH SUCH
 AGREEMENT. SUCH AGREEMENT SHALL OFFER THREE ADDITIONAL  IMPROVEMENTS  OF
 EQUAL OR GREATER VALUE AS THE INITIAL COMMUNITY FACILITY REQUEST FOR THE
 MUNICIPALITY  TO CHOOSE FROM. THE MUNICIPALITY WILL THEN HAVE THE OPPOR-
 TUNITY TO REASSESS THE SPONSORING AGENCY'S REQUEST.  ANY AND ALL FUNDING
 FOR SUCH ADDITIONAL IMPROVEMENTS  OUTLINED  IN  THE  COMMUNITY  BENEFITS
 AGREEMENT  SHALL  BE  THE RESPONSIBILITY OF THE CITY.  IF AFTER REEVALU-
 ATION THE MUNICIPALITY CONTINUES TO OBJECT, THE  HEARING  PROCESS  SHALL
 CONTINUE AS ESTABLISHED.
   (III)  IN  REVIEWING ANY SUCH OBJECTIONS, THE NEED FOR SUCH FACILITIES
 IN THE MUNICIPALITY SHALL BE CONSIDERED AS SHALL  THE  EXISTING  CONCEN-
 TRATION  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 SUCH SERVICES. 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.
   4.  REVIEW  OF  A DECISION RENDERED BY A COMMISSIONER PURSUANT TO THIS
 SECTION MAY BE HAD IN A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT  OF
 THE  CIVIL  PRACTICE  LAW  AND RULES COMMENCED WITHIN THIRTY DAYS OF THE
 DETERMINATION OF THE COMMISSIONER.
   5. A LICENSING AUTHORITY SHALL NOT ISSUE AN OPERATING CERTIFICATE TO A
 SPONSORING AGENCY FOR OPERATION OF A FACILITY IF THE  SPONSORING  AGENCY
 DOES NOT NOTIFY THE MUNICIPALITY OF ITS INTENTION TO ESTABLISH A PROGRAM
 AS  REQUIRED BY SUBDIVISION THREE OF THIS SECTION. ANY OPERATING CERTIF-
 ICATE ISSUED WITHOUT COMPLIANCE WITH  THE  PROVISIONS  OF  THIS  SECTION
 SHALL BE CONSIDERED NULL AND VOID AND CONTINUED OPERATION OF THE FACILI-
 TY MAY BE ENJOINED.
   § 2. This act shall take effect immediately.

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