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

                                 6758--A

                            I N  S E N A T E

                            February 17, 2016
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Cities  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

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

                                                           LBD14110-05-6

S. 6758--A                          2

  (XI) CHEMICAL PROCESSING PLANTS;
  (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

S. 6758--A                          3

STATE AGENCIES, THE SPONSORING AGENCY SHALL SEEK TO ESTABLISH ITS FACIL-
ITY AT ONE OF THE SITES DESIGNATED BY THE MUNICIPALITY.
  (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.