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A08072 Summary:

COSPNSRBeephan, Giglio JA, Giglio JM, Blumencranz, Walsh, Angelino, Smullen, Brabenec, Blankenbush, Bendett, Simpson, Mikulin, Jensen, Hawley, Slater, DeStefano, Gallahan, Flood, McDonough, Lemondes
Requires municipal corporations to approve any facility intending to house asylum seekers prior to their establishment; establishes a review process that incorporates notice to the public and the opportunity for the public to comment; renders a decision within 8 weeks.
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A08072 Actions:

09/27/2023referred to local governments
01/03/2024referred to local governments
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A08072 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act requiring municipal corporations to approve any facility intend- ing to house asylum seekers   PURPOSE OR GENERAL IDEA OF BILL: This bill would require approval from local governments in order for asylum seekers to be housed within a city, town or village   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends the General Municipal Law by requiring that any facil- ity 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 Section 2: Establishes the effective date   JUSTIFICATION: Amidst the migrant crisis in New York City, some officials are suggest- ing that Upstate municipalities alleviate the problem. Many areas throughout New York are not prepared to handle such an influx of people. New York City's "Right to Shelter" law does not apply throughout the state, and sending people to an area unplanned and unprepared is not a successful strategy. This bill would require a complete review of commu- nity resources before a premise in a municipality can accept asylum seekers. The municipality must review its capacity and ability to provide public services, transportation services, health services, educational services, public safety, and proper housing. This bill would also require public input on the proposed facility, ensuring the proper siting and the community's concerns are addressed. This bill would protect the rights of localities and provide the appropriate and respectful treatment of refugees seeking asylum.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal   EFFECTIVE DATE: Thirty days after becoming law
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A08072 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                   September 27, 2023
        Introduced  by  M.  of  A.  GRAY,  BEEPHAN,  J. A. GIGLIO, J. M. GIGLIO,
          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:
     1    Section 1. 1. Any facility intending to house  asylum  seekers  shall,
     2  prior to establishing and/or operating such facility, seek approval from
     3  the municipal corporation in which such facility will be located.
     4    2.  For  the  purposes of this act, the following terms shall have the
     5  following meanings:
     6    (a) "Asylum seeker" shall mean an individual who changes their country
     7  of usual residence to seek temporary or permanent residence  in  another
     8  country,  and  who has applied for asylum under 8 U.S. Code § 1158 or is
     9  eligible to apply; or who is a refugee as defined by section  101(a)(42)
    10  of the Immigration and Nationality Act (INA).
    11    (b)  "Municipal  corporation"  shall  mean  a  county,  city,  town or
    12  village.
    13    3. Every municipal corporation shall establish a  review  process  for
    14  facilities  intending to house asylum seekers. Such review process shall
    15  include, but not be limited to, the following:
    16    (a) submission of a detailed plan outlining  the  facility's  purpose,
    17  capacity, security measures, and any anticipated impact on the community
    18  located within such municipal corporation;
    19    (b)  notice  to  the public including the opportunity for public input
    20  through public hearings, to allow residents and stakeholders to  express
    21  their views regarding the proposed facility;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8072                             2

     1    (c)  the  availability  of  public  services, transportation services,
     2  health services, educational services, and infrastructure in the vicini-
     3  ty of the proposed facility;
     4    (d)  an evaluation of any potential social, economic, or environmental
     5  impacts associated with the facility; and
     6    (e) collaboration with relevant  state  agencies,  including  but  not
     7  limited  to,  those responsible for health and human services, to ensure
     8  compliance with applicable laws and regulations.
     9    4. A decision based on the findings from  subdivision  three  of  this
    10  section  shall be rendered by the municipal corporation and delivered to
    11  the operator or owner of such proposed facility no later  than  8  weeks
    12  after such approval is sought.
    13    5.  If  the  municipal  corporation  denies  the establishment of such
    14  facility, the operator or owner may appeal the decision to the  applica-
    15  ble administrative body as provided by law.
    16    §  2.  This  act shall take effect on the thirtieth day after it shall
    17  have become a law. Effective immediately, the addition, amendment and/or
    18  repeal of any rule or regulation necessary  for  the  implementation  of
    19  this  act  on its effective date are authorized to be made and completed
    20  on or before such effective date.
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