S T A T E O F N E W Y O R K
________________________________________________________________________
117--A
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. GUNTHER, RAMOS, LUPARDO, ABINANTI, WALLACE,
PALMESANO -- Multi-Sponsored by -- M. of A. BRAUNSTEIN -- read once
and referred to the Committee on Mental Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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. 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.
§ 2. 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02802-03-1
A. 117--A 2
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-
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.
§ 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. 117--A 3
(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
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.