S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8072
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GRAY,  BEEPHAN,  J. A. GIGLIO, J. M. GIGLIO,
   BLUMENCRANZ, WALSH, ANGELINO, SMULLEN, BRABENEC, BLANKENBUSH, BENDETT,
   SIMPSON, MIKULIN, JENSEN -- read once and referred to the Committee on
   Local Governments
 
 AN ACT requiring municipal corporations to approve any facility  intend-
   ing to house asylum seekers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. Any facility intending to house  asylum  seekers  shall,
 prior to establishing and/or operating such facility, seek approval from
 the municipal corporation in which such facility will be located.
   2.  For  the  purposes of this act, the following terms shall have the
 following meanings:
   (a) "Asylum seeker" shall mean an individual who changes their country
 of usual residence to seek temporary or permanent residence  in  another
 country,  and  who has applied for asylum under 8 U.S. Code § 1158 or is
 eligible to apply; or who is a refugee as defined by section  101(a)(42)
 of the Immigration and Nationality Act (INA).
   (b)  "Municipal  corporation"  shall  mean  a  county,  city,  town or
 village.
   3. Every municipal corporation shall establish a  review  process  for
 facilities  intending to house asylum seekers. Such review process shall
 include, but not be limited to, the following:
   (a) submission of a detailed plan outlining  the  facility's  purpose,
 capacity, security measures, and any anticipated impact on the community
 located within such municipal corporation;
   (b)  notice  to  the public including the opportunity for public input
 through public hearings, to allow residents and stakeholders to  express
 their views regarding the proposed facility;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13212-01-3
 A. 8072                             2

              

   (c)  the  availability  of  public  services, transportation services,
 health services, educational services, and infrastructure in the vicini-
 ty of the proposed facility;
   (d)  an evaluation of any potential social, economic, or environmental
 impacts associated with the facility; and
   (e) collaboration with relevant  state  agencies,  including  but  not
 limited  to,  those responsible for health and human services, to ensure
 compliance with applicable laws and regulations.
   4. A decision based on the findings from  subdivision  three  of  this
 section  shall be rendered by the municipal corporation and delivered to
 the operator or owner of such proposed facility no later  than  8  weeks
 after such approval is sought.
   5.  If  the  municipal  corporation  denies  the establishment of such
 facility, the operator or owner may appeal the decision to the  applica-
 ble administrative body as provided by law.
   §  2.  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.