Directs the office of children and family services to consult with localities and other state agencies prior to closure of any facility; requires a report for an adaptive reuse plan for the facility slated to close.
TITLE OF BILL: An act to amend the executive law, in relation to reduction in the staff of the office of children and family services and the closure of facilities of such office
PURPOSE: This bill directs the Office of Children and Family Services (OCFS) to provide an adaptive reuse plan for any OCFS facility slated for closure.
SUMMARY OF PROVISIONS:
Section 501 of the Executive Law is amended to require OCFS to provide an adaptive reuse plan for any OCFS facility slated for closure including, but not limited to, consideration of community input, condition of the facility and financial investment needed to make the facility viable for reuse.
JUSTIFICATION: A vast majority of the OCFS facilities closed in the past several years have been located in upstate New York. The Great Valley Residential Facility in Great Valley, NY was a non-secure full service facility for at risk youth who resided in Western New York and were required to participate in the programs offered by Great Valley through OCFS. The closure of these facilities has a disparate impact on the communities surrounding the facility who rely on that facility for jobs, and local business. In addition, the communities are now faced with having an empty facility falling into disrepair. Under this act OCFS would be required to provide a reuse plan for a residential facility slated for closure, including repurposing options and financial impact of the alternatives. Through this reuse plan, the community surrounding a closing facility will know exactly what alternatives were available, how it will impact their community infrastructure and what the fiscal implications will be and to whom.
LEGISLATIVE HISTORY: 2011,2012: S.775 Referred to Children and Families 2009,2010: S.2263 Referred to Children and Families 2008: S.7826A Passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2246 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________Introduced by Sens. YOUNG, BONACIC, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the executive law, in relation to reduction in the staff of the office of children and family services and the closure of facilities of such office THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (c) and (d) of 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, are amended and a new paragraph (e) is added to read as follows: (c) CONSULT WITH AND provide for a mechanism which may reasonably be expected to provide notice to local governments, community organiza- tions, employee labor organizations, managerial and confidential employ- ees, 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) consult with the office of general services and any other appro- priate state agency in developing a mechanism for determining alterna- tive 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 [.]; AND (E) AT THE TIME THE NOTICE OF CLOSURE OF A FACILITY IS PROVIDED IN ACCORDANCE WITH PARAGRAPH (C) OF THIS SUBDIVISION, THE COMMISSIONER SHALL, IN CONSULTATION WITH THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND THE PRESIDENT OF THE CIVIL SERVICE COMMISSION, THE DIRECTOR OF THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06488-01-3 S. 2246 2
OFFICE OF EMPLOYEE RELATIONS AND THE CHIEF EXECUTIVE OFFICER OF THE CITY, TOWN OR VILLAGE IN WHICH THE FACILITY SLATED FOR CLOSURE IS LOCATED, PROVIDE A REPORT FOR AN ADAPTIVE REUSE PLAN FOR SUCH FACILITY WHICH WILL EVALUATE THE COMMUNITY IMPACT OF THE PROPOSED CLOSURE INCLUD- ING BUT NOT LIMITED TO THE FOLLOWING FACTORS: THE POTENTIAL TO UTILIZE THE PROPERTY FOR ANOTHER STATE GOVERNMENT PURPOSE, INCLUDING FOR A NEW PURPOSE AS PART OF THE STATE CHILD WELFARE SYSTEM; POTENTIAL FOR THE SALE OR TRANSFER OF THE PROPERTY TO A LOCAL GOVERNMENT OR OTHER GOVERN- MENTAL ENTITY; POTENTIAL FOR THE SALE OF THE PROPERTY TO A PRIVATE ENTITY FOR DEVELOPMENT INTO A BUSINESS, RESIDENTIAL OR OTHER PURPOSE; COMMUNITY INPUT FOR LOCAL DEVELOPMENT; AND THE CONDITION OF THE FACILITY AND THE INVESTMENTS REQUIRED TO KEEP THE STRUCTURE IN GOOD REPAIR, OR TO MAKE IT VIABLE FOR REUSE. S 2. This act shall take effect immediately.