S T A T E   O F   N E W   Y O R K
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                                  5754

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by M. of A. McKEVITT, GRAF -- Multi-Sponsored by -- M. of A.
  P. LOPEZ -- read once and referred to the Committee on Mental Health

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 ALL PERSONS OWNING PROPERTY  WITHIN  FIVE  HUNDRED  FEET  OF  THE
PROPOSED  SITE  AND  the  chief executive officer of the municipality in
writing [and include in such notice].   SUCH NOTICE  SHALL  INCLUDE  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] THE NOTICE GIVEN TO THE MUNICIPALITY shall also
contain the most recently published data compiled  pursuant  to  section
[four  hundred  sixty-three]  FOUR  HUNDRED  SIXTY-THREE-A 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 munici-
pality 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03967-01-3
              

A. 5754                             2

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
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 37 of the laws of 2011, 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 persons with mental
disabilities 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.  EACH HEARING SHALL INCLUDE AN EVALUATION OF AND
RECOMMENDATIONS REGARDING EACH ALTERNATIVE SITE SUGGESTED BY  THE  SPON-
SORING AGENCY OR MUNICIPALITY.
  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 for people with developmental disabilities. 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  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.