S2246-2013 Actions

• Jan 15, 2013: REFERRED TO CHILDREN AND FAMILIES

S2246-2013 Memo

BILL NUMBER:S2246

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.

S2246-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2246
 2013-2014 Regular Sessions
 I N  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  THE
 EXPLANATION--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.

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