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History
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Establishes additional notice requirements for site selection for community residential facilities
In Assembly Committee · Mental Health · Sponsor Thomas McKevitt
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to procedures in selection of sites for community residential facilities
Purpose
To ensure increased community and local government participation in the site selection process of State established community residential facilities.
Summary of specific provisions
Amends § 41.34 (c)(1) of the Mental Hygiene Law to provide that when a site has been selected by the sponsoring agency, that agency shall notify all property owners within 500 feet of the proposed site of the specific address of the site, the type of community residence, the number of residents and the community support requirements of the program. The amendment to this subdivision would also give a municipality 60 (sixty) days, rather than the current 40 (forty), after the receipt of such notice to approve or object to the site recommended by the sponsoring agency or to suggest a more suitable site within its jurisdiction which could accommodate such a facility; and amends § 41.34(c) (5) to provide that each hearing shall include an evaluation and recommendations regarding each alternative site suggested by the sponsoring agency or municipality.
Justification
Persons owning property in the vicinity of a proposed site for a community residence are frequently unaware of the sponsoring agency's intent to establish a facility. Community resistance typically results when the sponsoring agency disregards the concerns of neighboring property owners. To encourage a community's active involvement in the site selection process would help to allay unfounded fears and provide wider acceptance of such residences. Current practice in dispute hearings usually restrict the hearing to a discussion of one disputed site to ensure that a site selected by the state is most suited to meet the needs of the persons to be placed in the residence. As well as those of surrounding neighbors, all options should be considered in the determination of site selection. It would also be in the best interests of all parties to allow municipalities 60 (sixty) days to approve or disapprove a selected site, or to recommend a more suitable site. The additional time allowed municipalities under this legislation will ensure that sufficient time has been given for selection of the most appropriate site for a community residence.
Legislative history
New bill.
Fiscal implication
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.