NY State Senate Bill 2021-S5818

Senate Bill S5818

2021-2022 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 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to mental health
Mar 19, 2021	referred to mental health

2021-S5818 (ACTIVE) - Details

Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §41.34, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7738
2017-2018: S3582
2019-2020: S2530
2023-2024: S2886

2021-S5818 (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; 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.

2021-S5818 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5818

SPONSOR: COMRIE
 
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 facil-
ities.

 
SUMMARY OF 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 noti-
fy 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 munici-
pality 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
541.34(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 commu-
nity 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:

S 3582 COMRIE Same as A10666 Mikulin

 
FISCAL IMPLICATIONS:

None to the State.

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

2021-S5818 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5818
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07746-01-1

 S. 5818                             2
 
 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.
   §  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.

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