Assembly Bill A8373

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8373

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Higher Education

AN  ACT to amend the education law, in relation to the powers and duties
  of councils of state-operated institutions in relation to the  closure
  of academic programs, campus or buildings of such institutions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 356 of the education law is amended by adding a new
subdivision 4 to read as follows:
  4. A. NOT LESS THAN SIX MONTHS BEFORE  THE  PROPOSED  CLOSURE  OF  ANY
ACADEMIC  PROGRAM,  CAMPUS, OR BUILDING OF A STATE-OPERATED INSTITUTION,
THE COUNCIL SHALL ISSUE A DRAFT REPORT THAT PROVIDES  THE  JUSTIFICATION
AND RATIONALE FOR SUCH CLOSURE INCLUDING, BUT NOT LIMITED TO:
  (1) A FULL DESCRIPTION OF THE ACADEMIC PROGRAM, CAMPUS, OR BUILDING;
  (2) THE PURPOSES THAT THE ACADEMIC PROGRAM, CAMPUS, OR BUILDING SERVES
TO THE PEOPLE OF THE STATE;
  (3)  A  COMPARISON OF THE ECONOMIC IMPACTS OF CLOSURE VERSUS CONTINUED
OPERATION OF SUCH ACADEMIC PROGRAM, CAMPUS, OR BUILDING  TO  THE  STATE,
LOCAL GOVERNMENTS, SURROUNDING COMMUNITIES, AND THE PUBLIC;
  (4)  AN  ANALYSIS OF THE POTENTIAL HARM TO SUCH CLOSURE OF SUCH CAMPUS
OR BUILDING FROM VANDALISM, LACK  OF  MANAGEMENT  AND  MAINTENANCE,  AND
OTHER IMPACTS FROM THE LACK OF REGULAR OVERSIGHT;
  (5)  THE  IMPACT  OF  SUCH  PROPOSED CLOSURE OR TRANSFER ON THE ENTIRE
UNIVERSITY SYSTEM;
  (6) AN ANALYSIS OF ALTERNATIVE  ACTIONS  THAT  MAY  BE  TAKEN  BY  THE
STATE-OPERATED INSTITUTION TO INSURE THE CONTINUED FULL OPERATION OF THE
ACADEMIC PROGRAM, CAMPUS, OR BUILDING; AND
  (6)  SUCH OTHER FACTORS THAT ARE PARTICULARLY RELEVANT TO THE ACADEMIC
PROGRAM, CAMPUS, OR BUILDING.
  B. NOT LESS THAN FOUR  MONTHS  BEFORE  THE  PROPOSED  CLOSURE  OF  THE
ACADEMIC  PROGRAM, CAMPUS, OR BUILDING, THE COUNCIL SHALL PROVIDE PUBLIC
NOTICE OF AND CONDUCT ONE OR MORE PUBLIC HEARINGS, INCLUDING ONE IN  THE
IMPACTED  AREA OF THE PROPOSED CLOSURE. EACH PUBLIC HEARING SHALL ACCEPT
WRITTEN STATEMENTS IN LIEU OF AN ORAL PRESENTATION. UPON  CONCLUSION  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

A                                                          LBD09272-01-3

A. 8373                             2

THE PUBLIC HEARINGS ON A CLOSURE, THE COUNCIL SHALL ISSUE A FINAL REPORT
WHICH  INCLUDES  THE  RESPONSE  ON ALL ISSUES RAISED AT THE HEARINGS AND
INFORMATION ENTERED INTO THE HEARING RECORD. SUCH FINAL REPORT SHALL  BE
MADE  AVAILABLE  AND  DISTRIBUTED TO THE PUBLIC. THE COUNCIL SHALL ISSUE
AND SUBMIT TO THE GOVERNOR,  THE  STATE  UNIVERSITY  TRUSTEES,  AND  THE
LEGISLATURE  THE  FINAL REPORT AND A FINDINGS STATEMENT ON EACH PROPOSED
CLOSURE THAT PROVIDES THE JUSTIFICATION FOR  SUCH  CLOSURE  OR,  IN  THE
ALTERNATIVE,  THE  INFORMATION  THAT SUPPORTS THE CONTINUED OPERATION OF
THE ACADEMIC PROGRAM, CAMPUS, OR BUILDING.
  C. NO ACADEMIC PROGRAM, CAMPUS, OR BUILDING SHALL BE CLOSED UNTIL  THE
STATE  LEGISLATURE  SHALL  HAVE  BEEN IN RECEIPT OF THE FINAL REPORT AND
FINDINGS STATEMENT AND  THE  STATE  LEGISLATURE  SHALL  HAVE  ADOPTED  A
CONCURRENT RESOLUTION AUTHORIZING SUCH CLOSURE OR TRANSFER.
  D.  THE  CLOSURE OF ANY CAMPUS OR BUILDING SHALL CONSTITUTE A TYPE ONE
ACTION PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 2. This act shall take effect immediately.