Bill Text: NY A09266 | 2011-2012 | General Assembly | Introduced
Bill Title: Grants the municipality sixty rather than forty days after such notice to approve or object to the proposed site for a community residential facility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-09 - referred to mental health [A09266 Detail]
Download: New_York-2011-A09266-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9266
I N A S S E M B L Y
February 9, 2012
___________
Introduced by M. of A. HOOPER -- 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:
1 Section 1. Paragraph 1 of subdivision (c) of section 41.34 of the
2 mental hygiene law, as amended by chapter 1024 of the laws of 1981 and
3 subparagraph (C) as amended by chapter 823 of the laws of 1992, is
4 amended to read as follows:
5 (1) When a site has been selected by the sponsoring agency, it shall
6 notify the chief executive officer of the municipality in writing and
7 include in such notice the specific address of the site, the type of
8 community residence, the number of residents and the community support
9 requirements of the program. Such notice shall also contain the most
10 recently published data compiled pursuant to section four hundred
11 sixty-three of the social services law which can reasonably be expected
12 to permit the municipality to evaluate all such facilities affecting the
13 nature and character of the area wherein such proposed facility is to be
14 located. The municipality shall have [forty] SIXTY days after the
15 receipt of such notice to:
16 (A) approve the site recommended by the sponsoring agency;
17 (B) suggest one or more suitable sites within its jurisdiction which
18 could accommodate such a facility; or
19 (C) object to the establishment of a facility of the kind described by
20 the sponsoring agency because to do so would result in such a concen-
21 tration of community residential facilities for the mentally disabled in
22 the municipality or in the area in proximity to the site selected or a
23 combination of such facilities with other community residences or simi-
24 lar facilities licensed by other agencies of state government, including
25 all community residences, intermediate care facilities, residential care
26 facilities for adults and residential treatment facilities for individ-
27 uals with mental illness or developmental disabilities operated pursuant
28 to article sixteen or article thirty-one of this chapter and all similar
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14366-01-2
A. 9266 2
1 residential facilities of fourteen or less residents operated or
2 licensed by another state agency, that the nature and character of the
3 areas within the municipality would be substantially altered.
4 Such response shall be forwarded to the sponsoring agency and the
5 commissioner. If the municipality does not respond within [forty] SIXTY
6 days, the sponsoring agency may establish a community residence at a
7 site recommended in its notice.
8 S 2. Paragraph 5 of subdivision (c) of section 41.34 of the mental
9 hygiene law, as amended by chapter 37 of the laws of 2011, is amended to
10 read as follows:
11 (5) In the event the municipality objects to establishment of a facil-
12 ity in the municipality because to do so would result in such a concen-
13 tration of community residential facilities for persons with mental
14 disabilities or combination of such facilities and other facilities
15 licensed by other state agencies that the nature and character of areas
16 within the municipality would be substantially altered; or the sponsor-
17 ing agency objects to the establishment of a facility in the area or
18 areas suggested by the municipality; or in the event that the munici-
19 pality and sponsoring agency cannot agree upon a site, either the spon-
20 soring agency or the municipality may request an immediate hearing
21 before the commissioner to resolve the issue. The commissioner shall
22 personally or by a hearing officer conduct such a hearing within fifteen
23 days of such a request. SUCH HEARING SHALL INCLUDE AN EVALUATION OF AND
24 RECOMMENDATION REGARDING SUCH ALTERNATIVE SITE SUGGESTED BY THE SPONSOR
25 AGENCY OR MUNICIPALITY.
26 In reviewing any such objections, the need for such facilities in the
27 municipality shall be considered as shall the existing concentration of
28 such facilities and other similar facilities licensed by other state
29 agencies in the municipality or in the area in proximity to the site
30 selected and any other facilities in the municipality or in the area in
31 proximity to the site selected providing residential services to a
32 significant number of persons who have formerly received in-patient
33 mental health services in facilities of the office of mental health or
34 the office for people with developmental disabilities. The commissioner
35 shall sustain the objection if he OR SHE determines that the nature and
36 character of the area in which the facility is to be based would be
37 substantially altered as a result of establishment of the facility. The
38 commissioner shall make a determination within thirty days of the hear-
39 ing.
40 S 3. This act shall take effect on the thirtieth day after it shall
41 have become a law.
