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

                                  5556

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by M. of A. V. LOPEZ, SCHROEDER -- 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 requiring a
  mandatory public hearing prior to the site selection for a  "community
  residential  facility"  and  repealing  certain provisions of such law
  relating thereto

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

  Section  1.  Paragraph  1  of  subdivision (a) of section 41.34 of the
mental hygiene law is REPEALED and a new paragraph 1 is added to read as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 MENTALLY, EMOTIONALLY, PHYSICALLY, OR SOCIALLY DISABLED  PERSONS  OR
FOR  PERSONS  IN  NEED OF SUPERVISION OR JUVENILE DELINQUENTS. THIS TERM
INCLUDES, BUT IS NOT LIMITED TO, COMMUNITY RESIDENCES FOR  THE  MENTALLY
DISABLED  OPERATED OR LICENSED BY THE OFFICES OF MENTAL HEALTH OR MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES OR BY THE OFFICE OF  ALCOHOL-
ISM  AND SUBSTANCE ABUSE SERVICES, AGENCY OPERATED BOARDING HOMES, GROUP
HOMES OR PRIVATE PROPRIETARY HOMES FOR ADULTS OPERATED  OR  LICENSED  BY
THE  DEPARTMENT  OF  FAMILY  ASSISTANCE, GROUP HOMES, CONTRACT HOMES AND
URBAN HOMES OPERATED OR LICENSED BY THE OFFICE OF  CHILDREN  AND  FAMILY
SERVICES AND HALF-WAY HOUSES OPERATED OR LICENSED BY THE OFFICE OF ALCO-
HOLISM AND SUBSTANCE ABUSE SERVICES.
  S  2.  Paragraph  2  of subdivision (a) 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:
  (2)  "Sponsoring  agency"  means  an  agency  or unit of government, a
voluntary agency or any other person or organization  which  intends  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08444-01-9

              

A. 5556                             2

establish  or  operate  a  community residential facility [for the disa-
bled].
  S  3.  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  disabled]  within a municipality but does not have a specific
site selected, it [may] SHALL notify the chief executive officer of  the
municipality  in  writing  NINETY  DAYS PRIOR TO THE TAKING OF ANY OTHER
ACTION RELATED THERETO, INCLUDING BUT NOT LIMITED TO, THE  SELECTION  OF
THE  SPECIFIC  SITE,  of  its  intentions and include in such notice   a
description of the nature, size and community  support  requirements  of
the  program.  Provided,  however,  nothing  in  this  subdivision shall
preclude the proposed establishment of a site  pursuant  to  subdivision
(c) of this section.
  S  4.  Subdivision  (c) of section 41.34 of the mental hygiene law, as
amended by chapter 1024 of the laws of  1981  and  subparagraph  (C)  of
paragraph 1 as amended by chapter 823 of the laws of 1992, is amended to
read as follows:
  (c)  (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] ARTICLE SEVEN of the social services law which can  reason-
ably be expected to permit the municipality to evaluate all such facili-
ties  affecting  the  nature  and  character  of  the  area wherein such
proposed facility is to be located. The municipality  shall  have  forty
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
similar facilities licensed  by  other  agencies  of  state  government,
including  all community residences, intermediate care facilities, resi-
dential care facilities for adults and residential treatment  facilities
for  individuals with mental illness or developmental disabilities oper-
ated 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  char-
acter  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 days,
the sponsoring agency may establish a  community  residence  at  a  site
recommended in its notice.
  (2)  Prior  to  forwarding a response to the sponsoring agency and the
commissioner, the municipality [may] SHALL hold a public hearing  pursu-
ant to local law.

A. 5556                             3

  (3)  If the municipality approves the site recommended by the sponsor-
ing agency, the sponsoring agency shall seek to establish  the  facility
at the approved site.
  (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 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.
  (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.
  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 5. This act shall take effect immediately and  shall  apply  to  the
siting of community residential facilities on or after such date.