S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7037

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2009
                               ___________

Introduced  by M. of A. ORTIZ, PERRY, JAFFEE, PHEFFER -- Multi-Sponsored
  by -- M. of A.  BOYLAND, GOTTFRIED, KOON, J. RIVERA -- read  once  and
  referred to the Committee on Alcoholism and Drug Abuse

AN  ACT  to amend the mental hygiene law and the social services law, in
  relation to site selection of community residential facilities for the
  treatment of chemical dependency

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs 1 and 2 of subdivision (a) of section 41.34 of
the mental hygiene law, subdivision 1 as amended by chapter 1025 of  the
laws of 1981 and subdivision 2 as amended by chapter 1024 of the laws of
1981, are amended to read as follows:
  (1) "Community  residential  facility  for [the] PERSONS WHO ARE disa-
bled" means a supportive living facility with four to fourteen residents
or a supervised living facility subject to licensure by  the  office  of
mental  health  or  the  office  of mental retardation and developmental
disabilities OR THE OFFICE OF ALCOHOLISM AND  SUBSTANCE  ABUSE  SERVICES
which  provides  a  residence  for  up  to  fourteen [mentally disabled]
persons WHO  ARE  MENTALLY  DISABLED,  including  residential  treatment
facilities for children and youth.
  (2) "Sponsoring  agency"  means  an  agency  or  unit of government, a
voluntary agency or any other person or organization  which  intends  to
establish  or operate a community residential facility for [the] PERSONS
WHO ARE disabled.
  S 2. Subdivision (b) 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:
  (b) If a sponsoring agency intends to establish a residential facility
for [the] PERSONS WHO ARE disabled 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10350-01-9
              

A. 7037                             2

notice a description of the nature, size and community support  require-
ments  of  the program.   Provided, however, nothing in this subdivision
shall preclude the proposed establishment of a site pursuant to subdivi-
sion (c) of this section.
  S  3.  Subparagraph  (C)  of paragraph 1 of subdivision (c) of section
41.34 of the mental hygiene law, as amended by chapter 823 of  the  laws
of 1992, is amended to read as follows:
  (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]  PERSONS  WHO  ARE
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 similar facilities licensed by  other  agencies  of  state
government, including all community residences, intermediate care facil-
ities,  residential care facilities for adults and residential treatment
facilities for individuals with mental illness or developmental disabil-
ities operated pursuant to article sixteen [or], article  thirty-one  OR
ARTICLE  THIRTY-TWO  of this chapter and all similar residential facili-
ties of fourteen or less residents operated or licensed by another state
agency, that the nature and character of the areas  within  the  munici-
pality would be substantially altered.
  S  4.  Paragraph  4  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:
  (4)  If  the site or sites suggested by the municipality are satisfac-
tory with regard to the nature, size and community support  requirements
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
community  residential  facilities  for  [the]  PERSONS WHO ARE mentally
disabled or similar facilities licensed by  other  state  agencies,  the
sponsoring  agency  shall  seek  to establish its facility at one of the
sites designated by the municipality.
  If the municipality suggests a site or sites which are  not  satisfac-
tory  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 residential facility.
  S  5.  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]  PERSONS  WHO  ARE
mentally disabled 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.
  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

A. 7037                             3

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  OR  THE
OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE SERVICES. 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.
  S  6.  Paragraph  2  of subdivision (e) of section 41.34 of the mental
hygiene law, as added by chapter 823 of the laws of 1992, is amended  to
read as follows:
  (2)  The  office of mental health [and], the office of mental retarda-
tion and developmental disabilities OR  THE  OFFICE  OF  ALCOHOLISM  AND
SUBSTANCE  ABUSE  SERVICES  shall not issue an operating certificate for
the operation of a supportive living facility  or  a  supervised  living
facility  of  more  than  fourteen  residents  if  the agency or unit of
government, voluntary agency or any other person or  organization  which
intends  to  establish  or  operate  such a facility does not notify the
chief executive officer of the municipality in which that facility is to
be established in writing of the intention to  establish  such  facility
and include in such notice the specific address of the site, the type of
residence,  the  number  of residents and the community support require-
ments of the program; provided, however, that nothing contained in  this
paragraph  shall  either be construed to require facilities of more than
fourteen beds to meet any other requirement of this section, or to  deem
such  facilities  family  units for the purposes of local laws and ordi-
nances.
  S 7. Subdivision 1 of section 463  of  the  social  services  law,  as
amended  by  chapter  465  of  the  laws  of 1992, is amended to read as
follows:
  1. "Community residential facility" means  any  facility  operated  or
subject  to licensure by the state which provides a supervised residence
for PERSONS WHO ARE mentally, emotionally, physically, or socially disa-
bled [persons] or for persons in need of supervision or juvenile  delin-
quents.  This term includes, but is not limited to, community residences
for [the] PERSONS WHO ARE mentally disabled operated or licensed by  the
offices  of  mental health or mental retardation and developmental disa-
bilities or by [the divisions of] the office of alcoholism and substance
abuse SERVICES, agency operated boarding homes, group homes  or  private
proprietary  homes  for adults operated or licensed by the department of
[social services] FAMILY ASSISTANCE, group homes operated by, contracted
for or licensed by the [division for youth] OFFICE OF CHILDREN AND FAMI-
LY SERVICES and half-way houses operated or licensed by the [division of
substance abuse services]  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE
SERVICES.
  S  8.  This  act shall take effect immediately; provided, however, the
provisions of this act shall apply to applications for operating certif-
icates initiated on or after the effective date of this act.