S T A T E   O F   N E W   Y O R K
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                                  5541

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by M. of A. TITUS, SCARBOROUGH, ESPAILLAT, PHEFFER, CYMBROW-
  ITZ,  COOK,  FIELDS,  BENEDETTO,  POWELL,  CLARK,  ROBINSON,  MILLMAN,
  BOYLAND  --  Multi-Sponsored  by  --  M. of A. BENJAMIN, COLTON, DIAZ,
  JEFFRIES, V. LOPEZ, PERRY, J. RIVERA -- read once and referred to  the
  Committee on Social Services

AN  ACT establishing a moratorium on the site selection of state facili-
  ties in cities 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. Notwithstanding any other provision of law, in a city with
a population of one million or more, no new site selection or the  open-
ing  of state facilities shall be commenced or completed from the effec-
tive date of this act until there has  been  completed  a  comprehensive
review  by  the  governor  or  his designee of all existing and proposed
state facilities. Such review shall include, but not be limited  to,  an
assessment of the oversaturation of communities within a half mile radi-
us  within such city with state facilities. The governor shall establish
a plan for correcting the oversaturation of  state  facilities  in  such
communities.  Such review and plan shall be completed by January 1, 2010
and shall be prepared for submission to the  legislature  on  or  before
such date.
  S 2. For the purposes of this act:
  (a) "State facility" shall mean and include a group home as defined in
section  371  of  the  social services law and a residential facility as
defined in section 473-d of the social services law.
  (b) "State services" shall mean services provided by the state for the
benefit of its residents, including  but  not  limited  to,  residential
facilities,  community residences, services for the aged, blind or disa-
bled, community centers and services for seniors, homeless  housing  and
assistance  programs,  child  care resources and referral programs, drug
rehabilitation services and youth centers.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07575-01-9
              

A. 5541                             2

  (c) "Oversaturation" shall be measured by and be based on  the  number
of  residential  beds  within  a  half  mile radius, such number of beds
should not exceed 50; the amount of traffic caused by the  siting  of  a
state  facility;  the  number  of  persons sought to be serviced by such
facility;  and  any  other  factors that may change the character of the
community and have an impact on the environment.
  S 3. This act shall take effect immediately.