What's happening
This bill requires local governments to seek and include input from municipalities or community boards before approving new chemical dependence facilities.
Why it matters
Greater Local Influence. By requiring local governments to actively solicit and incorporate input from municipalities or community boards, the bill gives more direct influence to local communities over whether and how chemical dependence facilities are established in their neighborhoods.
Increased Transparency and Accountability. The amendment formalizes a process where local decision-makers must not just receive, but also seek out feedback from relevant municipalities or community boards, making the approval process more transparent and responsive to specific local concerns.
Potential for Delays and Community Pushback. With mandatory input from multiple layers of local government (villages, towns, cities, or NYC community boards), the process for approving new chemical dependence facilities may become longer and more complex, potentially leading to more opposition or NIMBY (Not In My Back Yard) challenges.
Tailored Community Solutions. By specifying different procedures for villages, towns, cities, and NYC community boards, the law acknowledges local differences and aims to ensure that facility planning reflects the unique needs and perspectives of each type of community.
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Who cares
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Let Towns Advise Rehab Sites
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History
- Referred to alcoholism and drug abuse
- Referred to alcoholism and drug abuse
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4191
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
Introduced by M. of A. CYMBROWITZ -- read once and referred to the Committee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to input from municipalities relating to the establishment or incorporation of facilities providing chemical dependence services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 1 of subdivision (b) of section 32.31 of the mental hygiene law, as amended by chapter 529 of the laws of 2004, is amended to read as follows:
1. An application for approval of the proposed certificate of incorporation or articles of organization shall be filed with the commissioner together with such other forms and information as shall be prescribed by, or acceptable to, him or her. Thereafter, the commissioner shall forward a copy of the proposed certificate or articles [or] of organization and application for establishment and accompanying documents, to the local governmental unit of the area in which such facility is to be located. The commissioner shall not act upon such application until the local governmental unit has had a reasonable time to submit their recommendations. The local governmental unit shall solicit and include in its recommendations input received from an incorporated village if such facility is to be located therein, a town if such facility is to be located therein and not simultaneously within an incorporated village or a city if such facility is to be located therein except that in the city of New York, such input shall be provided by the community board with jurisdiction over the area where such facility is to be located.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06468-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.