S T A T E O F N E W Y O R K
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9796
I N A S S E M B L Y
April 8, 2016
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Cities
AN ACT to amend the general municipal law, in relation to the site
selection of community facilities in cities with a population 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. The general municipal law is amended by adding a new
section 239-j to read as follows:
S 239-J. SITE SELECTION OF COMMUNITY FACILITIES IN CITIES WITH A POPU-
LATION OF ONE MILLION OR MORE. 1. FOR THE PURPOSES OF THIS SECTION, THE
FOLLOWING DEFINITIONS SHALL APPLY:
(A) "COMMUNITY FACILITY" SHALL INCLUDE THE FOLLOWING FACILITIES:
(I) "GROUP HOMES" SHALL MEAN SUPPORTIVE LIVING FACILITIES 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 DEVELOP-
MENTAL DISABILITIES WHICH PROVIDES A RESIDENCE FOR UP TO FOURTEEN INDI-
VIDUALS WITH MENTAL DISABILITIES, INCLUDING RESIDENTIAL TREATMENT FACIL-
ITIES FOR CHILDREN AND YOUTH;
(II) HOMELESS SHELTERS;
(III) "DETENTION CENTERS" SHALL MEAN ANY PLACE OPERATED BY THE DEPART-
MENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND DESIGNATED BY THE
COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION AS A PLACE FOR THE
CONFINEMENT OF PERSONS UNDER SENTENCE OF IMPRISONMENT OR PERSONS COMMIT-
TED FOR FAILURE TO PAY A FINE;
(IV) DRUG REHABILITATION/DETOXIFICATION CENTERS;
(V) HALFWAY HOUSES;
(VI) WASTEWATER TREATMENT PLANTS;
(VII) SEWAGE FACILITIES;
(VIII) WASTE TRANSFER STATIONS;
(IX) LANDFILLS;
(X) POWER PLANTS; AND
(XI) CHEMICAL PROCESSING PLANTS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14110-06-6
A. 9796 2
(B) "SPONSORING AGENCY" SHALL MEAN AN AGENCY OR UNIT OF GOVERNMENT, A
VOLUNTARY AGENCY OR ANY OTHER PERSON OR ORGANIZATION WHICH INTENDS TO
ESTABLISH OR OPERATE A COMMUNITY FACILITY;
(C) "MUNICIPALITY" SHALL MEAN THE CITY, IF SUCH CITY HAS A POPULATION
OF ONE MILLION OR MORE, EXCEPT THAT IN THE CITY OF NEW YORK, THE COMMU-
NITY BOARD WITH JURISDICTION OVER THE AREA IN WHICH SUCH A FACILITY IS
TO BE LOCATED SHALL BE CONSIDERED THE MUNICIPALITY;
(D) "COMMISSIONER" MEANS THE COMMISSIONER OF THE OFFICE OF THE DEPART-
MENT RESPONSIBLE FOR ISSUANCE OF LICENSE AND OPERATING CERTIFICATE TO
THE PROPOSED COMMUNITY FACILITY.
2. IF A SPONSORING AGENCY INTENDS TO ESTABLISH A COMMUNITY FACILITY
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 REQUIREMENTS OF THE PROGRAM. PROVIDED, HOWEVER,
NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE PROPOSED ESTABLISHMENT OF
A SITE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
3. (A) 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 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.
(B) THE MUNICIPALITY SHALL HAVE FORTY DAYS AFTER THE RECEIPT OF SUCH
NOTICE TO:
(I) APPROVE THE SITE RECOMMENDED BY THE SPONSORING AGENCY;
(II) SUGGEST ONE OR MORE SUITABLE SITES WITHIN ITS JURISDICTION WHICH
COULD ACCOMMODATE SUCH A FACILITY; OR
(III) 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 SUCH COMMUNITY FACILITIES IN THE MUNICIPALITY OR IN THE AREA
IN PROXIMITY TO THE SITE SELECTED OR A COMBINATION OF SUCH FACILITIES
WITH OTHER SIMILAR COMMUNITY FACILITIES LICENSED BY OTHER AGENCIES OF
STATE GOVERNMENT, 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 DAYS,
THE SPONSORING AGENCY MAY ESTABLISH A COMMUNITY FACILITY AT A SITE
RECOMMENDED IN ITS NOTICE.
(C) PRIOR TO FORWARDING A RESPONSE TO THE SPONSORING AGENCY AND THE
COMMISSIONER, THE MUNICIPALITY MAY HOLD A PUBLIC HEARING PURSUANT TO
LOCAL LAW.
(D) 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.
(E) (I) IF THE SITE OR SITES SUGGESTED BY THE MUNICIPALITY ARE SATIS-
FACTORY WITH REGARD TO THE NATURE, SIZE AND COMMUNITY SUPPORT REQUIRE-
MENTS 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 SUCH COMMUNITY FACILITIES OR SIMILAR FACILITIES LICENSED BY OTHER
STATE AGENCIES, THE SPONSORING AGENCY SHALL SEEK TO ESTABLISH ITS FACIL-
ITY AT ONE OF THE SITES DESIGNATED BY THE MUNICIPALITY.
A. 9796 3
(II) IF THE MUNICIPALITY SUGGESTS A SITE OR SITES WHICH ARE NOT SATIS-
FACTORY 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 FACILITY.
(F)(I) IN THE EVENT THE MUNICIPALITY OBJECTS TO ESTABLISHMENT OF A
FACILITY IN THE MUNICIPALITY BECAUSE TO DO SO WOULD RESULT IN A CONCEN-
TRATION OF SUCH COMMUNITY 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 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 AGENCY CANNOT AGREE UPON A SITE, EITHER THE SPONSORING AGENCY
OR THE MUNICIPALITY MAY REQUEST AN IMMEDIATE HEARING BEFORE THE COMMIS-
SIONER TO RESOLVE THE ISSUE. THE COMMISSIONER SHALL PERSONALLY OR BY A
HEARING OFFICER CONDUCT SUCH A HEARING WITHIN FIFTEEN DAYS OF SUCH A
REQUEST.
(II) IF THE OBJECTION IS A RESULT OF ANTICIPATED COMMUNITY FACILITY
CONCENTRATION, THE SPONSORING AGENCY SHOULD AMEND THEIR REQUEST PRIOR TO
SUCH HEARING TO INCLUDE A COMMUNITY BENEFITS AGREEMENT THAT HAS BEEN
APPROVED BY THE CITY. SUCH CITY SHOULD MAKE EVERY EFFORT TO REACH SUCH
AGREEMENT. SUCH AGREEMENT SHALL OFFER THREE ADDITIONAL IMPROVEMENTS OF
EQUAL OR GREATER VALUE AS THE INITIAL COMMUNITY FACILITY REQUEST FOR THE
MUNICIPALITY TO CHOOSE FROM. THE MUNICIPALITY WILL THEN HAVE THE OPPOR-
TUNITY TO REASSESS THE SPONSORING AGENCY'S REQUEST. ANY AND ALL FUNDING
FOR SUCH ADDITIONAL IMPROVEMENTS OUTLINED IN THE COMMUNITY BENEFITS
AGREEMENT SHALL BE THE RESPONSIBILITY OF THE CITY. IF AFTER REEVALU-
ATION THE MUNICIPALITY CONTINUES TO OBJECT, THE HEARING PROCESS SHALL
CONTINUE AS ESTABLISHED.
(III) IN REVIEWING ANY SUCH OBJECTIONS, THE NEED FOR SUCH FACILITIES
IN THE MUNICIPALITY SHALL BE CONSIDERED AS SHALL THE EXISTING CONCEN-
TRATION 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 SUCH 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 DETERMINATION WITHIN THIRTY DAYS
OF THE HEARING.
4. REVIEW OF A DECISION RENDERED BY A COMMISSIONER PURSUANT TO THIS
SECTION MAY BE HAD IN A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES COMMENCED WITHIN THIRTY DAYS OF THE
DETERMINATION OF THE COMMISSIONER.
5. A LICENSING AUTHORITY SHALL NOT ISSUE AN OPERATING CERTIFICATE TO A
SPONSORING AGENCY FOR OPERATION OF A FACILITY IF THE SPONSORING AGENCY
DOES NOT NOTIFY THE MUNICIPALITY OF ITS INTENTION TO ESTABLISH A PROGRAM
AS REQUIRED BY SUBDIVISION THREE OF THIS SECTION. ANY OPERATING CERTIF-
ICATE ISSUED WITHOUT COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
SHALL BE CONSIDERED NULL AND VOID AND CONTINUED OPERATION OF THE FACILI-
TY MAY BE ENJOINED.
S 2. This act shall take effect immediately.