NY State Senate Bill 2023-S2899

Senate Bill S2899

2023-2024 Legislative Session

Directs the commissioner of mental health to issue a review and report regarding certain facilities

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to mental health
Jan 25, 2023	referred to mental health

2023-S2899 (ACTIVE) - Details

Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §5.05, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7889
2017-2018: S1901
2019-2020: S2384
2021-2022: S5825

2023-S2899 (ACTIVE) - Summary

Directs the commissioner of mental health to review all proposals by an agency to provide new services at a new facility, expand the size of existing facilities or change the type of services that are provided at facilities within a city of one million or more; provides a definition for the types of facilities subject to such review; directs the commissioner of mental health to issue a report regarding such review.

2023-S2899 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2899

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to directing the
commissioner of mental health to issue a review and report regarding
certain facilities

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section 1 amends mental hygiene law Section 5.05 by adding a new subdi-
vision requiring the Commissioners of the Office of Mental Health,
Office for the People with Developmental Disabilities and the Office for
Alcoholism and Substance Abuse to work with the New York City Department
of Homeless Services and the Chair and Chief Executive Officer of the

New York City Housing Authority to review all proposals by an agency
requesting to enter into a contract or similar agreement to (1) Provide
services at a new location as a social services facility, and/or to (2)
Expand the size or change the type of services offered at a social
services facility within a city of with a population of one million or
more Subdivision 2 specifies a review and report, which shall concen-
trate upon the proposed impact on the affected community; the current
level and concentration of social service facilities in the area and the
cumulative effect thereof; and specific suggestions, modifications and
objections as expressed by the affected community. Subdivision 3 clari-
fies and further enumerates the definitions of social services and
supportive housing facilities. Subdivision 4 sets a timeline for the
aforementioned review and report to be completed and deliv ered to the
Governor and various members of the Legislature.

Section 2 provides that this act shall take effect immediately.

 
JUSTIFICATION:

Property owners in the vicinity of proposed or existing supportive hous-
ing sites are often unaware of the sponsoring agency's intent to estab-
lish or transform a facility. Community resistance typically results
when the sponsoring agencies disregard the concerns of neighboring prop-
erty owners. Encouraging a community's active involvement in the site
selection process would help to allay unfounded fears and provide wider
acceptance of such residents.

Current practice in dispute hearings usually restricts 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. However, it may make more sense to take a holistic look
at all options which should be considered in the determination of a
selected site.

Compiling a report of where each facility for each agency is located is,
a more rational and thoughtful attempt to provide for equal distribution
of supportive units throughout the city and will provide a better sense
of the big picture for supportive housing units in an attempt for equal
distribution. All options should be considered in the site selection
process and no one community should bear more than their fair share.

 
LEGISLATIVE HISTORY:

2015-16: S.7889; Referred to Mental Health and Developmental Disabili-
ties.

2017-18: S.1901-4444 Passed Senate; 62-0.

2022: S5825

 
FISCAL IMPLICATIONS:

No new costs expected.

 
EFFECTIVE DATE:
This law will take effect immediately.

2023-S2899 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2899
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 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  directing  the
   commissioner  of  mental health to issue a review and report regarding
   certain facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5.05 of the mental hygiene law is amended by adding
 a new subdivision (f) to read as follows:
   (F)  (1)  THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, THE OFFICE
 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND THE OFFICE  OF  ADDICTION
 SERVICES  AND  SUPPORTS SHALL, IN COLLABORATION WITH THE COMMISSIONER OF
 THE NEW YORK CITY DEPARTMENT OF HOMELESS  SERVICES  AND  THE  CHAIR  AND
 CHIEF  EXECUTIVE  OFFICER OF THE NEW YORK CITY HOUSING AUTHORITY, REVIEW
 AND ISSUE A REPORT CONCERNING ALL PROPOSALS BY AN AGENCY REQUESTING TO:
   A. ENTER INTO CONTRACT OR SIMILAR AGREEMENT TO PROVIDE SERVICES  AT  A
 NEW LOCATION AS A SOCIAL SERVICES FACILITY; AND
   B.  TO EXPAND THE SIZE AND/OR CHANGE THE TYPE OF SERVICES OFFERED OF A
 SOCIAL SERVICES FACILITY, WITHIN A CITY WITH A POPULATION OF ONE MILLION
 OR MORE.
   (2) THE REVIEW AND  REPORT  SHALL  FOCUS  ON  THE  FOLLOWING  FACTORS,
 INCLUDING, WITHOUT LIMITATION:
   A. THE PROPOSED IMPACT IN THE AFFECTED COMMUNITY.
   B.  THE CURRENT LEVEL AND CONCENTRATION OF ALL SOCIAL SERVICES FACILI-
 TIES IN THE AFFECTED AREA.
   C. THE CUMULATIVE EFFECT THEREOF; AND SPECIFIC SUGGESTIONS,  MODIFICA-
 TION AND OBJECTIONS AS EXPRESSED BY THE AFFECTED COMMUNITY.
   (3)  FOR THE PURPOSE OF THIS SUBDIVISION, A "SOCIAL SERVICES FACILITY"
 SHALL INCLUDE THE FOLLOWING:
   A. ACS PLACEMENT FACILITIES. "ACS PLACEMENT FACILITIES" MEANS  FACILI-
 TIES,  CERTIFIED  BY  THE  NEW  YORK STATE OFFICE OF CHILDREN AND FAMILY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04629-01-3

 S. 2899                             2
 
 SERVICES, FOR THE CARE OF YOUTH PLACED IN ACCORDANCE WITH THE PROVISIONS
 OF THE FAMILY COURT ACT AND THE REGULATIONS OF THE NEW YORK STATE OFFICE
 OF CHILDREN AND FAMILY SERVICES, MANAGED DIRECTLY BY THE  ADMINISTRATION
 FOR  CHILDREN'S SERVICES OR UNDER CONTRACT OR SIMILAR AGREEMENT WITH THE
 ADMINISTRATION FOR CHILDREN'S SERVICES.
   B. CITY-ADMINISTERED FACILITIES, "CITY-ADMINISTERED FACILITIES"  MEANS
 HOTELS,  SHELTERS  AND  OTHER  ACCOMMODATIONS  OR  ASSOCIATED  SERVICES,
 MANAGED BY OR PROVIDED UNDER CONTRACT OR SIMILAR AGREEMENT WITH ANY CITY
 AGENCY, PROVIDED TO INDIVIDUALS OR FAMILIES WHO NEED TEMPORARY EMERGENCY
 HOUSING OR ASSISTANCE FINDING OR MAINTAINING STABLE HOUSING.
   C. DHS-ADMINISTERED FACILITIES.  "DHS-ADMINISTERED  FACILITIES"  MEANS
 CITY-ADMINISTERED FACILITIES MANAGED DIRECTLY BY THE DEPARTMENT OF HOME-
 LESS  SERVICES OR BY A PROVIDER UNDER CONTRACT OR SIMILAR AGREEMENT WITH
 THE DEPARTMENT OF HOMELESS SERVICES.
   D. DYCD-ADMINISTERED FACILITIES. "DYCD-ADMINISTERED FACILITIES"  MEANS
 CITY-ADMINISTERED FACILITIES MANAGED DIRECTLY BY THE DEPARTMENT OF YOUTH
 AND  COMMUNITY  DEVELOPMENT  OR  BY A PROVIDER UNDER CONTRACT OR SIMILAR
 AGREEMENT WITH THE DEPARTMENT OF YOUTH AND COMMUNITY DEVELOPMENT.
   E. HPD-ADMINISTERED FACILITIES.  "HPD-ADMINISTERED  FACILITIES"  MEANS
 CITY-ADMINISTERED FACILITIES MANAGED DIRECTLY BY THE DEPARTMENT OF HOUS-
 ING  PRESERVATION  AND  DEVELOPMENT  OR  BY A PROVIDER UNDER CONTRACT OR
 SIMILAR AGREEMENT WITH THE DEPARTMENT OF HOUSING PRESERVATION AND DEVEL-
 OPMENT.
   F. HRA-ADMINISTERED FACILITIES.  "HRA-ADMINISTERED  FACILITIES"  MEANS
 CITY-ADMINISTERED  FACILITIES  MANAGED  DIRECTLY  BY THE HUMAN RESOURCES
 ADMINISTRATION OR BY A PROVIDER UNDER CONTRACT OR SIMILAR AGREEMENT WITH
 THE HUMAN RESOURCES ADMINISTRATION, EXCLUDING SHELTERS  FOR  VICTIMS  OF
 DOMESTIC VIOLENCE MANAGED DIRECTLY BY THE HUMAN RESOURCES ADMINISTRATION
 OR  BY  A  PROVIDER  UNDER  CONTRACT OR SIMILAR AGREEMENT WITH THE HUMAN
 RESOURCES ADMINISTRATION.
   G. SUPPORTIVE  HOUSING  FACILITIES.  "SUPPORTIVE  HOUSING  FACILITIES"
 MEANS  AFFORDABLE,  INDEPENDENT,  AND  PERMANENT  HOUSING  WITH  SUPPORT
 SERVICES FOR TENANTS, INCLUDING BUT NOT LIMITED TO PEOPLE WHO HAVE  BEEN
 HOMELESS,  HAVE  HISTORIES  OF  SUBSTANCE  ABUSE, ARE COPING WITH MENTAL
 ILLNESS, HAVE CHRONIC ILLNESSES SUCH AS HIV/AIDS, ARE YOUNG ADULTS AGING
 OUT OF FOSTER CARE,  ARE  HOMELESS  VETERANS,  OR  GRANDPARENTS  RAISING
 GRANDCHILDREN,  AND  IS  UNDER CONTRACT WITH A CITY AGENCY INCLUDING BUT
 NOT LIMITED TO THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE AND THE HUMAN
 RESOURCES ADMINISTRATION.
   (4) WITHIN NINETY DAYS OF THE COMPLETION OF A REVIEW CONDUCTED  PURSU-
 ANT  TO  PARAGRAPH  ONE  OF  THIS  SUBDIVISION, THE COMMISSIONERS OF THE
 OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISA-
 BILITIES  AND  THE  OFFICE  OF ADDICTION SERVICES AND SUPPORTS SHALL, IN
 COLLABORATION WITH THE COMMISSIONER OF THE NEW YORK CITY  DEPARTMENT  OF
 HOMELESS  SERVICES  AND THE CHAIR AND CHIEF EXECUTIVE OFFICER OF THE NEW
 YORK CITY HOUSING AUTHORITY, SHALL ISSUE A REPORT AND DELIVER A COPY  OF
 THEIR  FINDINGS,  AND  ANY  LEGISLATIVE  RECOMMENDATIONS THEY DEEM TO BE
 NECESSARY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE,  THE
 SPEAKER  OF  THE  ASSEMBLY,  THE CHAIR OF THE MENTAL HEALTH AND DEVELOP-
 MENTAL DISABILITIES COMMITTEE OF THE SENATE, AND THE CHAIR OF THE MENTAL
 HEALTH COMMITTEE OF THE ASSEMBLY.
   § 2. This act shall take effect immediately.

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