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

                                  10464

                          I N  A S S E M B L Y

                              May 27, 2016
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Mental Health

AN ACT to amend the  mental  hygiene  law  and  the  executive  law,  in
  relation  to requiring legislative approval for the closure of certain
  office of mental health, office of people with developmental disabili-
  ties or office of children and family services facilities  and  insti-
  tutions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (e) of section 7.17 of the mental hygiene  law,
as amended by chapter 723 of the laws of 1993, paragraph 1 as amended by
chapter 170 of the laws of 1994, paragraph 3 as amended by chapter 83 of
the laws of 1995, is amended to read as follows:
  (e)  In  the  event  that  the  plan for state and local mental health
services, developed in accordance with subdivision (b) of this  section,
determines  that  significant  service  reductions are anticipated for a
particular state-operated hospital or its catchment area, or a state-op-
erated research institute, the commissioner  shall  take  the  following
actions[,  provided nothing in this subdivision shall create a basis for
enjoining any otherwise lawful service reductions]:
  1. SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT LEAST  THREE  HUNDRED
SIXTY-FIVE  DAYS  PRIOR TO THE DATE THE OFFICE IS SEEKING CLOSURE OF ANY
FACILITY OR INSTITUTION. SUCH REPORT SHALL INCLUDE JUSTIFICATION FOR THE
PROPOSED CLOSURE. THE LEGISLATURE MAY REQUIRE ANY ADDITIONAL INFORMATION
OR DATA THAT IT DEEMS NECESSARY IN SUCH REPORT. IF THE  LEGISLATURE,  OR
THE  APPROPRIATE COMMITTEES THEREOF, UPON REVIEW OF THE REPORT SUBMITTED
TO IT BY THE OFFICE, FINDS THAT THE PROPOSED CLOSURE  IS  NOT  JUSTIFIED
THEN  CLOSURE  SHALL NOT OCCUR UNTIL APPROVED BY A MAJORITY VOTE OF EACH
HOUSE OF THE LEGISLATURE.
  2. confer with the department of civil service, the governor's  office
of  employee  relations and any other state agency to develop strategies
which attempt to minimize the impact on the state workforce by providing
assistance in obtaining state employment  in  state-operated  community-
based services or other employment opportunities, and to develop strate-

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

                                                           LBD14968-01-6

A. 10464                            2

gies  for  the  development  of  necessary  retraining  and redeployment
programs. In planning such strategies, the  commissioner  shall  provide
for  the  participation  of  the  representatives  of the employee labor
organizations  and  for the participation of managerial and confidential
employees to ensure continuity of employment;
  [2.] 3. consult with the department of economic  development  and  any
other  appropriate state agencies to develop strategies which attempt to
minimize the impact of such significant service reductions on the  local
and regional economies;
  [3.]  4.  provide  for a mechanism which may reasonably be expected to
provide notice to local governments, community  organizations,  employee
labor organizations, managerial and confidential employees, consumer and
advocacy  groups  of the potential for significant service reductions at
such state-operated hospitals and state-operated research institutes  at
least   twelve  months  prior  to  commencing  such  service  reduction,
provided, however, that this requirement shall be deemed satisfied  with
respect  to  reductions  at  Central  Islip  Psychiatric Center, Gowanda
Psychiatric Center, Harlem Valley Psychiatric Center, Kings Park Psychi-
atric  Center,  Willard  Psychiatric  Center  and  Manhattan  Children's
Psychiatric Center; and
  [4.]  5.  consult  with  the  office of general services and any other
appropriate state agency  in  developing  a  mechanism  for  determining
alternative  uses  for land and buildings to be vacated by the office of
mental health.   Such a mechanism  should  include  a  review  of  other
programs  or  state agencies that could feasibly expand their operations
onto a state-operated hospital campus and are  compatible  with  health,
safety and programmatic needs of patients served in such facilities.
  S  2.  The mental hygiene law is amended by adding a new section 13.18
to read as follows:
S 13.18 CLOSURE OF FACILITIES.
  THE COMMISSIONER SHALL SUBMIT A WRITTEN REPORT TO THE  LEGISLATURE  AT
LEAST  THREE  HUNDRED  SIXTY-FIVE  DAYS  PRIOR TO THE DATE THE OFFICE IS
SEEKING CLOSURE OF  ANY  FACILITY  OR  INSTITUTION.  SUCH  REPORT  SHALL
INCLUDE  JUSTIFICATION  FOR  THE  PROPOSED  CLOSURE. THE LEGISLATURE MAY
REQUIRE ANY ADDITIONAL INFORMATION OR DATA THAT IT  DEEMS  NECESSARY  IN
SUCH REPORT.  IF THE LEGISLATURE, OR THE APPROPRIATE COMMITTEES THEREOF,
UPON  REVIEW OF THE REPORT SUBMITTED TO IT BY THE OFFICE, FINDS THAT THE
PROPOSED CLOSURE IS NOT JUSTIFIED THEN CLOSURE  SHALL  NOT  OCCUR  UNTIL
APPROVED BY A MAJORITY VOTE OF EACH HOUSE OF THE LEGISLATURE.
  S 3. Subdivision 15 of section 501 of the executive law, as amended by
section  1  of  part  H of chapter 58 of the laws of 2006, is amended to
read as follows:
  15. In the event that the  office  of  children  and  family  services
determines that significant service reductions, public employee staffing
reductions  and/or  the  transfer of operations to a private or not-for-
profit entity are anticipated in  the  office  of  children  and  family
services  long  term  planning process or for a particular facility in a
future year, to take the following actions:
  (a) SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT LEAST THREE  HUNDRED
SIXTY-FIVE  DAYS  PRIOR  TO  THE  DATE THE OFFICE OF CHILDREN AND FAMILY
SERVICES IS SEEKING CLOSURE OF ANY SECURE OR  LIMITED  SECURE  FACILITY.
SUCH  REPORT  SHALL  INCLUDE JUSTIFICATION FOR THE PROPOSED CLOSURE. THE
LEGISLATURE MAY REQUIRE ANY ADDITIONAL INFORMATION OR DATA THAT IT DEEMS
NECESSARY IN SUCH REPORT. IF THE LEGISLATURE, OR THE APPROPRIATE COMMIT-
TEES THEREOF, UPON REVIEW OF THE REPORT SUBMITTED TO IT BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES, FINDS THAT THE  PROPOSED  CLOSURE  IS  NOT

A. 10464                            3

JUSTIFIED THEN CLOSURE SHALL NOT OCCUR UNTIL APPROVED BY A MAJORITY VOTE
OF EACH HOUSE OF THE LEGISLATURE.
  (B) confer with the department of civil service, the governor's office
of  employee  relations and any other state agency to develop strategies
which attempt to minimize the impact on the state workforce by providing
assistance in obtaining state employment  in  state-operated  community-
based services or other employment opportunities, and to develop strate-
gies  for  the  development  of  necessary  retraining  and redeployment
programs. In planning such strategies, the commissioner of the office of
children and family services shall provide for the participation of  the
representatives  of the employee labor organizations and for the partic-
ipation of managerial and confidential employees to ensure continuity of
employment;
  [(b)] (C) consult with the department of economic development and  any
other  appropriate state agencies to develop strategies which attempt to
minimize the impact  of  such  significant  service  reductions,  public
employee  staffing  reductions  and/or  the  transfer of operations to a
private or not-for-profit entity on the local and regional economies;
  [(c)] (D) provide for a mechanism which may reasonably be expected  to
provide  notice  to local governments, community organizations, employee
labor organizations, managerial and confidential employees, consumer and
advocacy groups of the potential  for  significant  service  reductions,
public employee staffing reductions and/or the transfer of operations to
a private or not-for-profit entity at such state-operated facilities, at
least twelve months prior to commencing such service reduction; and
  [(d)]  (E)  consult  with the office of general services and any other
appropriate state agency  in  developing  a  mechanism  for  determining
alternative  uses  for land and buildings to be vacated by the office of
children and family services. Such a mechanism should include  a  review
of  other  programs  or  state agencies that could feasibly expand their
operations onto a state-operated campus and are compatible with  health,
safety and programmatic needs of persons served in such facilities.
  S 4. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law. Effective immediately, the addition, amendment and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized to be made  and  completed
on or before such effective date.