S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5772
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced  by Sens. CARLUCCI, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Mental Health and
   Developmental Disabilities
 
 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 for people with developmental disabil-
   ities 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05180-01-9
              

 S. 5772                             2
 
   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-
 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.
   § 2. The mental hygiene law is amended by adding a new  section  13.18
 to read as follows:
 § 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.
   § 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.

 S. 5772                             3
 
 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
 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.
   § 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.
   §  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.