Provides that any person planning to establish one or more adult care facilities within a municipality shall inform the chief executive officer of such municipality of the nature, size and requirements of such facility; provides that the municipality shall have forty days after the receipt of notice to object to any such sites; provides that if the municipality fails to object in forty days, such person may establish the facility.
STATE OF NEW YORK
________________________________________________________________________
2736
2011-2012 Regular Sessions
IN ASSEMBLY
January 20, 2011
___________
Introduced by M. of A. FITZPATRICK -- Multi-Sponsored by -- M. of A.
THIELE -- read once and referred to the Committee on Social Services
AN ACT to amend the social services law, in relation to requiring the
prior approval of a municipality with respect to site selection for
adult care facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 461-b of the social services law is amended by
2 adding a new subdivision 9 to read as follows:
3 9. (a) If any person plans to establish one or more adult care facili-
4 ties within a municipality, it shall notify the chief executive officer
5 of the municipality in writing of its intentions and include in such
6 notice a description of the nature, size and the community support
7 requirements of the program. Such person may recommend one or more sites
8 which meet the requirements of the program. The municipality, acting by
9 and through its legislative body, shall have ninety days after the
10 receipt of such notice to conduct at least one public hearing regarding
11 a notice of intention to establish one or more adult care facilities
12 within the municipality. Upon conclusion of the public hearing or hear-
13 ings, the municipality, acting by and through its legislative body,
14 shall have forty days after the receipt of such notice to object to any
15 of such sites as recommended, and may propose an alternate site or sites
16 within its geographical boundaries as it deems appropriate. If the
17 municipality does not respond within forty days, such person may estab-
18 lish such a facility at the site recommended in its notice.
19 (b) For purposes of this subdivision, "municipality" means an incorpo-
20 rated village, if a facility is to be located therein; a town, if the
21 facility is to be located therein, and not simultaneously within an
22 incorporated village; or a city, except that in the city of New York,
23 the community board with jurisdiction over the area in which such a
24 facility is to be located shall be considered the municipality.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02409-01-1
