STATE OF NEW YORK ________________________________________________________________________ 5321 2023-2024 Regular Sessions IN ASSEMBLY March 7, 2023 ___________ Introduced by M. of A. FLOOD -- read once and referred to the Committee on Governmental Operations AN ACT to amend the legislative law and the executive law, in relation to establishing a moratorium on unfunded mandates and establishing mandate relief councils; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The legislative law is amended by adding a new section 51-a 2 to read as follows: 3 § 51-a. Moratorium on unfunded mandates. 1. Definitions. As used in 4 this section, the following terms shall have the following meanings: 5 (a) "Local government" means a county, city, town, village, school 6 district, or special district. 7 (b) "Net additional cost" means the cost or costs incurred or antic- 8 ipated to be incurred within a one year period by a local government in 9 performing or administering any program, project, or activity after 10 subtracting therefrom any revenues received or receivable by such local 11 government in relation to such program, project, or activity, including 12 but not limited to: 13 (i) fees charged to the recipients of such program, project, or activ- 14 ity; 15 (ii) state or federal funds received for such program, project, or 16 activity; and 17 (iii) an offsetting savings resulting from the diminution or elimi- 18 nation of any other program, project, or activity that state law 19 requires such local government to provide or undertake. 20 (c) "Unfunded mandate" means: 21 (i) any state law that requires a local government to provide or 22 undertake any new program, project or activity that results in an annual 23 net additional cost to any local government in excess of ten thousand EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09628-01-3
A. 5321 2 1 dollars or an aggregate annual net additional cost to all local govern- 2 ments within the state in excess of one million dollars; or 3 (ii) any state law that requires a local government to provide a high- 4 er level of service or funding for an existing program, project or 5 activity that results in an annual net additional cost to any local 6 government in excess of ten thousand dollars or an aggregate annual net 7 additional cost to all local governments within the state in excess of 8 one million dollars; or 9 (iii) any state law that requires a local government to grant any new 10 property tax exemption or that broadens the eligibility or increases the 11 dollar amount of any existing property tax exemption, on property that 12 otherwise would have generated revenue under the current property tax 13 rate of such local government in excess of ten thousand dollars in any 14 local government or in excess of one million dollars statewide; or 15 (iv) any state law with a legal requirement that would otherwise like- 16 ly have the effect of raising property taxes in excess of ten thousand 17 dollars in any local government or in excess of one million dollars 18 statewide. 19 2. Moratorium on unfunded mandates. For a three year period beginning 20 with the enactment of this section, notwithstanding any other provision 21 of law, no unfunded mandates shall be enacted. 22 3. Exemptions. (a) A state law shall not be considered an unfunded 23 mandate where such law: 24 (i) is required by a court order or judgment; or 25 (ii) is provided at the option of the local government under a law 26 that is permissive rather than mandatory; or 27 (iii) results from the passage of a home rule message whereby a local 28 government requests authority to implement the program or service speci- 29 fied in the statute, and the statute imposes costs only upon that local 30 government which requests the authority to impose the program or 31 service; or 32 (iv) is required by statute or executive order that implements a 33 federal law or regulation and results from costs mandated by the federal 34 government to be borne at the local level, unless the statute or execu- 35 tive order results in costs which exceed the costs mandated by the 36 federal government; or 37 (v) is imposed on both government and non-government entities in the 38 same or substantially similar circumstances; or 39 (vi) repeals or revises a state law to ease an existing requirement 40 that a local government provide or undertake a program, project, or 41 activity, or reapportions the costs of activities between local govern- 42 ments; or 43 (vii) is necessary to protect against an immediate threat to public 44 health or safety. 45 (b) The effective date of any act establishing a mandate shall provide 46 a reasonable time for the state and any local government to plan imple- 47 mentation thereof and shall be consistent with the availability of 48 required funds. 49 § 2. The executive law is amended by adding a new article 43 to read 50 as follows: 51 ARTICLE 43 52 REGIONAL MANDATE 53 RELIEF COUNCILS 54 Section 930. Definitions. 55 931. Regional mandate relief councils. 56 932. Regional council actions.
A. 5321 3 1 933. Local government request. 2 934. Reports. 3 935. Assistance of other agencies. 4 § 930. Definitions. 1. "Local government" means a county, city, town, 5 village, school district, or special district. 6 2. "Net additional cost" means the cost or costs incurred or antic- 7 ipated to be incurred within a one year period by a local government in 8 performing or administering any program, project, or activity after 9 subtracting therefrom any revenues received or receivable by such local 10 government in relation to such program, project, or activity, including 11 but not limited to: 12 (a) fees charged to the recipients of such program, project, or activ- 13 ity; 14 (b) state or federal funds received for such program, project, or 15 activity; and 16 (c) an offsetting savings resulting from the diminution or elimination 17 of any other program, project, or activity that state law requires such 18 local government to provide or undertake. 19 3. "Regional mandate relief council" means a council for each of the 20 following regions: 21 (a) Capital Region means the counties of Albany, Columbia, Greene, 22 Rensselaer, Saratoga, Schenectady, Warren and Washington; 23 (b) Central New York means the counties of Cayuga, Cortland, Madison, 24 Onondaga and Oswego; 25 (c) Finger Lakes means the counties of Genesee, Livingston, Monroe, 26 Ontario, Orleans, Seneca, Wayne, Wyoming and Yates; 27 (d) Long Island means the counties of Nassau and Suffolk; 28 (e) Mid-Hudson means the counties of Dutchess, Orange, Putnam, Rock- 29 land, Sullivan, Ulster and Westchester; 30 (f) Mohawk Valley means the counties of Fulton, Herkimer, Montgomery, 31 Oneida, Otsego and Schoharie; 32 (g) New York City means the counties of Bronx, Kings, New York, Rich- 33 mond and Queens; 34 (h) North Country means the counties of Clinton, Essex, Franklin, 35 Hamilton, Jefferson, Lewis and St. Lawrence; 36 (i) Southern Tier means the counties of Broome, Chemung, Chenango, 37 Delaware, Schuyler, Steuben, Tioga and Tompkins; and 38 (j) Western New York means the counties of Allegany, Cattaraugus, 39 Chautauqua, Erie and Niagara. 40 4. "State agency" or "agency" means any state agency, department, 41 office, board, bureau, division, committee, council or office under the 42 direction or control of the executive. 43 5. "Unfunded mandate" means: 44 (a) any state law that requires a local government to provide or 45 undertake any new program, project or activity that results in an annual 46 net additional cost to any local government in excess of ten thousand 47 dollars or an aggregate annual net additional cost to all local govern- 48 ments within the state in excess of one million dollars; or 49 (b) any state law that requires a local government to provide a higher 50 level of service or funding for an existing program, project or activity 51 that results in an annual net additional cost to any local government in 52 excess of ten thousand dollars or an aggregate annual net additional 53 cost to all local governments within the state in excess of one million 54 dollars; or 55 (c) any state law that requires a local government to grant any new 56 property tax exemption or that broadens the eligibility or increases the
A. 5321 4 1 dollar amount of any existing property tax exemption, on property that 2 otherwise would have generated revenue under the current property tax 3 rate of such local government in excess of ten thousand dollars in any 4 local government or in excess of one million dollars statewide; or 5 (d) any state law with a legal requirement that would otherwise likely 6 have the effect of raising property taxes in excess of ten thousand 7 dollars in any local government or in excess of one million dollars 8 statewide. 9 § 931. Regional mandate relief councils. 1. There is hereby created 10 within the executive department ten regional mandate relief councils, 11 which each shall be comprised of members appointed as follows: 12 (a) One member to be appointed by the governor; 13 (b) One member to be appointed by the temporary president of the 14 senate; 15 (c) One member to be appointed by the minority leader of the senate; 16 (d) One member to be appointed by the speaker of the assembly; 17 (e) One member to be appointed by the minority leader of the assembly; 18 (f) One member to be appointed by the chief executive (county execu- 19 tive or chair of the county legislative body or borough president) of 20 every county in the region; 21 (g) One member to be appointed by the New York conference of mayors; 22 (h) One member to be appointed by the association of towns of the 23 state of New York for every region except for the New York city region; 24 (i) One member to be appointed by the mayor of the city of New York 25 for the New York city region; 26 (j) One member to be appointed by the New York state school boards 27 association except for the New York city region; and 28 (k) One member to be appointed by the chancellor of the New York city 29 department of education for the New York city region. 30 2. The members of each regional council shall be a resident of the 31 region they were appointed to represent. 32 3. The members of each regional council shall serve without compen- 33 sation but shall receive reimbursement for their reasonable and neces- 34 sary expenses. 35 4. Each regional council shall elect a chair. 36 5. A majority of each regional council shall constitute a quorum. 37 6. Each regional council shall meet regularly upon the call of its 38 chair and as frequently as its business may require. 39 7. Each regional council shall hold a minimum of three public hearings 40 at different locations throughout the region. 41 8. Each regional council shall within ninety days of appointment, make 42 recommendations to the governor, the temporary president of the senate, 43 the minority leader of the senate, the speaker of the assembly, and the 44 minority leader of the assembly, for repeal or modification of any 45 statewide unfunded mandates that do not apply to the region. 46 9. Each regional council shall within two hundred seventy days of 47 appointment, and annually thereafter, issue a final report to the gover- 48 nor, the temporary president of the senate, the minority leader of the 49 senate, the speaker of the assembly, and the minority leader of the 50 assembly, with recommendations for repeal or modification of any regula- 51 tory or statutory unfunded mandates that the council determines were 52 imposed on a local government in an unsound, unduly burdensome or costly 53 manner, details regarding its activities, and regarding the issues, 54 statutes, regulations, rules and orders which it reviewed, examined, 55 proposed, referred and/or considered.
A. 5321 5 1 10. Each regional council shall, upon request of a local government or 2 one of the members of the council, identify and review mandates that can 3 be eliminated or reformed, and make such other and further inquiries, 4 reports and recommendations as the council may deem necessary and 5 prudent to effectuate its mission of mandate relief. In identifying and 6 determining whether such mandates are unsound, unduly burdensome or 7 costly, the council shall receive and consider public comment about them 8 and shall review them in light of cost-benefit principles and such other 9 and further factors as the council shall deem necessary and prudent. 10 11. All votes of a regional council, and all deliberations and reports 11 of its proceedings shall be open to the public pursuant to article seven 12 of the public officers law. 13 § 932. Regional council actions. 1. The council may, upon a two-thirds 14 vote, refer any regulation or statute to the governor, the temporary 15 president of the senate, the minority leader of the senate, the speaker 16 of the assembly, and the minority leader of the assembly, for repeal or 17 modification, where the council has previously determined that such 18 regulation, rule or order of any state agency or statute imposes upon 19 any local government an unfunded mandate in an unsound, unduly burden- 20 some or costly manner, so as to necessitate that it be eliminated or 21 reformed. 22 2. Upon receipt of recommendations by all ten regional councils, the 23 governor, within sixty days, shall direct the state agency responsible 24 for the promulgation, repeal or modification of any regulation deter- 25 mined by a majority of the councils to impose upon any local government 26 an unfunded mandate in an unsound, unduly burdensome or costly manner to 27 effectuate such repeal or modification of the regulation pursuant to the 28 procedures that such agency would otherwise be required to follow under 29 the law, had such agency on its own accord sought to repeal or modify 30 the regulation. 31 3. Upon receipt of recommendations by all ten regional councils, the 32 governor, within sixty days, shall have prepared a governor's program 33 bill, for introduction in both houses of the legislature, to effectuate 34 such repeal or modification of any statutes determined by a majority of 35 the councils to impose upon any local government an unfunded mandate in 36 an unsound, unduly burdensome or costly manner. 37 § 933. Local government request. A local government may, by resolution 38 of its governing body, ask its regional council to review a specific 39 statute, regulation, rule or order of state government to determine 40 whether such statute, regulation, rule or order of state government is 41 an unfunded mandate or is otherwise unsound, unduly burdensome or costly 42 so as to require that it be eliminated or reformed. 43 § 934. Reports. Reports of each regional council shall be adopted upon 44 a majority vote of the members of the council. All reports of each 45 regional council shall be posted on a publicly accessible website. 46 § 935. Assistance of other agencies. To effectuate the purposes of 47 this article, any state agency shall, at the request of a regional coun- 48 cil, provide to the council such facilities, assistance and data as will 49 enable the council to properly carry out its responsibilities and 50 duties. 51 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 52 sion, section or subpart of this act shall be adjudged by any court of 53 competent jurisdiction to be invalid, such judgment shall not affect, 54 impair, or invalidate the remainder thereof, but shall be confined in 55 its operation to the clause, sentence, paragraph, subdivision, section 56 or subpart thereof directly involved in the controversy in which such
A. 5321 6 1 judgment shall have been rendered. It is hereby declared to be the 2 intent of the legislature that this act would have been enacted even if 3 such invalid provisions had not been included herein. 4 § 4. This act shall take effect immediately and shall expire and be 5 deemed repealed 3 years after such date, provided, however, that section 6 one of this act shall only apply to laws enacted after such date.