S T A T E   O F   N E W   Y O R K
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                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by M. of A. ORTIZ -- 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,  paragraph 1 as amended by chapter 168 of the
laws of 2010 and paragraph 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 for people with developmental disabilities
OR THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES which  provides
a  residence  for  up to fourteen [individuals with mental disabilities]
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
notice a description of the nature, size and community support  require-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04523-01-1
              

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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
selected and any other facilities in the municipality or in the area  in

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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] FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES OR THE OFFICE OF  ALCOHOLISM  AND
SUBSTANCE  ABUSE  SERVICES. The commissioner shall sustain the objection
if he 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  determi-
nation within thirty days of the hearing.
  S  6.  Paragraph  2  of subdivision (e) of section 41.34 of the mental
hygiene law, as amended by chapter 168 of the laws of 2010,  is  amended
to read as follows:
  (2)  The  office  of  mental  health [and], the office for people with
developmental disabilities OR THE OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE
ABUSE  SERVICES  shall not issue an operating certificate for the opera-
tion of a supportive living facility or a supervised living facility  of
more than fourteen residents if the agency or unit of government, volun-
tary  agency or any other person or organization which intends to estab-
lish 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  requirements 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 ordinances.
  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]  THE  OFFICE  FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES or by
[the  divisions  of]  the  office  of  alcoholism  and  substance  abuse
SERVICES, agency operated boarding homes, group homes or private propri-
etary 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  FAMILY
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.