Relates to the powers and duties of councils of state-operated institutions in relation to the closure of certain academic programs, campus or buildings of such institutions; requires a draft report not less than six months and public hearings not less than four months before the proposed closure of any academic program, campus or building of a state-operated institution.
STATE OF NEW YORK
________________________________________________________________________
8373
IN ASSEMBLY
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:
1 Section 1. Section 356 of the education law is amended by adding a new
2 subdivision 4 to read as follows:
3 4. a. Not less than six months before the proposed closure of any
4 academic program, campus, or building of a state-operated institution,
5 the council shall issue a draft report that provides the justification
6 and rationale for such closure including, but not limited to:
7 (1) a full description of the academic program, campus, or building;
8 (2) the purposes that the academic program, campus, or building serves
9 to the people of the state;
10 (3) a comparison of the economic impacts of closure versus continued
11 operation of such academic program, campus, or building to the state,
12 local governments, surrounding communities, and the public;
13 (4) an analysis of the potential harm to such closure of such campus
14 or building from vandalism, lack of management and maintenance, and
15 other impacts from the lack of regular oversight;
16 (5) the impact of such proposed closure or transfer on the entire
17 university system;
18 (6) an analysis of alternative actions that may be taken by the state-
19 operated institution to insure the continued full operation of the
20 academic program, campus, or building; and
21 (6) such other factors that are particularly relevant to the academic
22 program, campus, or building.
23 b. Not less than four months before the proposed closure of the
24 academic program, campus, or building, the council shall provide public
25 notice of and conduct one or more public hearings, including one in the
26 impacted area of the proposed closure. Each public hearing shall accept
27 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
1 the public hearings on a closure, the council shall issue a final report
2 which includes the response on all issues raised at the hearings and
3 information entered into the hearing record. Such final report shall be
4 made available and distributed to the public. The council shall issue
5 and submit to the governor, the state university trustees, and the
6 legislature the final report and a findings statement on each proposed
7 closure that provides the justification for such closure or, in the
8 alternative, the information that supports the continued operation of
9 the academic program, campus, or building.
10 c. No academic program, campus, or building shall be closed until the
11 state legislature shall have been in receipt of the final report and
12 findings statement and the state legislature shall have adopted a
13 concurrent resolution authorizing such closure or transfer.
14 d. The closure of any campus or building shall constitute a type one
15 action pursuant to article eight of the environmental conservation law.
16 § 2. This act shall take effect immediately.
