Assembly Bill A5077

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5077
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced by M. of A. GRAY, BEEPHAN, GIGLIO, BLUMENCRANZ, WALSH, ANGEL-
   INO,   SMULLEN,  BRABENEC,  BLANKENBUSH,  BENDETT,  SIMPSON,  MIKULIN,
   JENSEN, HAWLEY, SLATER, DeSTEFANO, GALLAHAN,  McDONOUGH,  LEMONDES  --
   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.
                                                            LBD08224-01-5
 A. 5077                             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.