S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6871
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2019
                                ___________
 
 Introduced  by  M.  of  A. M. G. MILLER -- read once and referred to the
   Committee on Local Governments
 
 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.
              

                                                            LBD06144-01-9

 A. 6871                             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

 A. 6871                             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.