PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
This is a consensus rule making to repeal Part 561 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 7.09 and 31.04
Subject:
Use of space.
Purpose:
To repeal an obsolete rule.
Text of proposed rule:
Pursuant to the authority granted to the Commissioner of Mental Health in Section 7.09(b) of the Mental Hygiene Law, Title 14 of the Official Compilation of Codes, Rules and Regulations of the State of New York is hereby amended as follows:
Part 561 is repealed.
Text of proposed rule and any required statements and analyses may be obtained from:
Dan Odell, Assistant Director, Bureau of Policy, Regulation and Legislation, Office of Mental Health, 44 Holland Ave., Albany, NY 12229, (518) 474-1331, e-mail: dodell@omh.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
No person is likely to object to this rule making because it merely repeals regulatory provisions that have been superseded by statute and is otherwise non-controversial.
14 NYCRR Part 561 was promulgated on August 24, 1982 pursuant to a directive from the Director, NYS Division of Budget (DOB), as set forth in Budget Bulletin B-1072, dated May 27 1982. This budget bulletin required the establishment of regulatory standards regarding the use of space in Office of Mental Health (OMH) facilities by other entities. Budget Bulletin B-1072 was replaced in 1984 by Budget Policy and Reporting Manual B-200, which continued the requirement that state agencies promulgate regulations to establish certain standards for the use of space in state facilities by non-state entities. However, in accordance with Budget Bulletin A-1001, issued in 1998, B-200 was discontinued and deleted from the Budget Policy and Reporting Manual. There is no longer a requirement by DOB regarding 14 NYCRR Part 561.
Chapter 723 of the Laws of 1993, “The Community Reinvestment Act,” established the Interagency Council on Mental Hygiene Property Utilization (Interagency Council) to act as a clearinghouse for all agency surplus property transactions. The Interagency Council develops and/or approves guidelines regarding real property transactions and leases related to OMH facility campuses. It is comprised of representatives of OMH, DOB, Office of General Services (OGS), Office of Alcoholism and Substance Abuse Services (OASAS), Office of Mental Retardation and Developmental Disabilities (OMRDD), the Dormitory Authority of the State of New York (DASNY) and the Empire State Development Corporation (ESDC).
On August 3, 1997, OMH issued “Operating Guidelines for DMH Leases Permits, and Conveyances” which, were approved by the Interagency Council. These guidelines were intended to provide a formal process for all permits and leases for the use of space on facility grounds that helps ensure that such use is consistent with other State agency initiatives and the overall plan for alternate use of surplus State property i.e., the same subject matter previously governed by 14 NYCRR Part 561. It is noted in these guidelines that leases are not authorized unless they are approved by the Interagency Council. The guidelines make no reference to and are not consistent with standards set forth in 14 NYCRR Part 561.
OMH finds that repeal of Part 561 is preferable to the alternative of amending it to conform to the current guidelines which are consistent with the requirements of the Interagency Council. A regulation is not necessary, as the standards govern an internal management practice of the agency which does not directly or significantly affect the rights of, or procedures or practices available to, the public, and are thus exempt from the requirement of the State Administrative Procedure Act (SAPA) in accordance with § 102(b)(i) of SAPA. Proposed repeal of Part 561 was shared with the involved State agencies, including OASAS and OMRDD, and they had no objection to such repeal.
Job Impact Statement
Because the purpose of this amendment is to repeal regulatory provisions no longer applicable to any person, it is apparent that it will not have any impact on jobs and employment activities.
