S T A T E O F N E W Y O R K
________________________________________________________________________
6124
2009-2010 Regular Sessions
I N A S S E M B L Y
February 25, 2009
___________
Introduced by M. of A. HOOPER -- read once and referred to the Committee
on Mental Health, Mental Retardation and Developmental Disabilities
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 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. The municipality 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.
LBD08794-01-9
A. 6124 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.
S 2. Paragraph 5 of subdivision (c) of section 41.34 of the mental
hygiene law, as amended by chapter 1024 of the laws of 1981, 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 the mentally disabled or
combination of such facilities and other facilities licensed by other
state agencies that the nature and character of areas within the munici-
pality 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 agen-
cy cannot agree upon a site, either the sponsoring agency or the munici-
pality 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.
SUCH HEARING SHALL INCLUDE AN EVALUATION OF AND RECOMMENDATIONS REGARD-
ING EACH ALTERNATIVE SITE SUGGESTED BY THE SPONSORING AGENCY OR MUNICI-
PALITY.
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 of mental retardation and developmental disabilities. The
commissioner shall sustain the objection if he OR SHE 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.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.