STATE OF NEW YORK ________________________________________________________________________ 4532 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. RA -- read once and referred to the Committee on Governmental Operations AN ACT to amend the legislative law, in relation to creation of the non-partisan office of policy research and fiscal analysis 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 article 4-B 2 to read as follows: 3 ARTICLE 4-B 4 NON-PARTISAN OFFICE OF POLICY RESEARCH AND FISCAL ANALYSIS 5 Section 76. Non-partisan office of policy research and fiscal analysis. 6 77. Powers and duties of the office; report. 7 § 76. Non-partisan office of policy research and fiscal analysis. 1. 8 For purposes of this article: 9 a. "Office" means the non-partisan office of policy research and 10 fiscal analysis established in this article; 11 b. "Director" means the director of the non-partisan office of policy 12 research and fiscal analysis; and 13 c. "Super-majority vote" means a vote requiring two-thirds of the 14 members elected to each branch of the legislature. 15 2. There is hereby created a non-partisan office of policy research 16 and fiscal analysis. The head of such office shall be the director who 17 shall be appointed by a joint resolution requiring a super-majority vote 18 of both the senate and assembly for a term of seven years. The tempo- 19 rary president of the senate and speaker of the assembly, in consulta- 20 tion with the senate minority leader and assembly minority leader shall 21 reach a consensus on a candidate for the director position on which the 22 senate and assembly shall vote. The director of the office shall be 23 appointed without regard to political affiliation and solely on the 24 basis of fitness to perform the duties assigned by this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00663-01-5
A. 4532 2 1 3. A deputy director shall be appointed by the director. Any individ- 2 ual appointed as director to fill a vacancy prior to the expiration of a 3 term shall serve only for the unexpired portion of that term. Any indi- 4 vidual serving as director at the expiration of the term may continue to 5 serve until such individual's successor is appointed. Any deputy direc- 6 tor shall serve until the expiration of the term of office of the direc- 7 tor who appointed such deputy director, and until such deputy director's 8 successor is appointed, unless sooner removed by the director. 9 4. The director shall hold no other public office while serving as 10 the director. The director shall receive such compensation as may be 11 fixed by the legislature. 12 5. The director may be removed by either the assembly or the senate by 13 resolution requiring a two-thirds vote of the members elected to either 14 branch of the legislature. 15 § 77. Powers and duties of the office; report. 1. The office shall: 16 a. at the request of any member of the senate or assembly, conduct 17 cost-benefit analyses of proposed legislation or new or existing state 18 programs, including but not limited to (i) quantifying direct and indi- 19 rect costs associated with program or legislative implementation and 20 maintenance, (ii) assessing short-term and long-term economic and social 21 benefits, (iii) evaluating fiscal impacts on state, local, and tribal 22 governments, (iv) identifying potential unintended consequences and 23 externalities, (v) comparing program outcomes to stated objectives and 24 performance metrics, and (vi) providing recommendations for program 25 efficiency or alternative approaches; 26 b. conduct regular evaluations of the state's budget surpluses and 27 gaps, and in the event of a projected surplus or gap, the office shall 28 (i) analyze the sources of the surplus or identify the primary drivers 29 of the shortfall, (ii) provide recommendations for allocation or savings 30 of surplus funds or provide recommendations of options for addressing 31 the gap, including spending reductions, and (iii) assess the long-term 32 sustainability of the surplus or analyze the potential economic and 33 programmatic impacts of proposed gap closing solutions; 34 c. conduct assessments of the state's fiscal reserves, including but 35 not limited to (i) analyzing the balance, structure, and legal framework 36 of all state reserve funds, including but not limited to the rainy day 37 reserve fund, tax stabilization reserve fund, and any other designated 38 or de facto reserve accounts, (ii) evaluating the adequacy of current 39 reserve levels relative to historical state revenue volatility, poten- 40 tial economic shock scenarios, and best practices and benchmarks from 41 other states, (iii) examining the historical usage of reserve funds 42 during economic downturns or fiscal emergencies, (iv) forecasting poten- 43 tial reserve fund levels under various economic and budget scenarios, 44 and (v) providing recommendations regarding the state's reserve fund 45 structure, policies, or funding levels to enhance fiscal stability and 46 preparedness for economic uncertainties; 47 d. conduct comprehensive assessments of the state's debt management 48 practices, including but not limited to (i) analyzing the total 49 outstanding debt portfolio and its composition, (ii) evaluating compli- 50 ance with and implications of the statutory debt limit, (iii) forecast- 51 ing short-term and long-term debt service obligations, (iv) examining 52 the fiscal impact and risks associated with public authority debt, (v) 53 assessing the state's credit ratings and factors influencing them, (vi) 54 comparing the state's debt metrics to national benchmarks and peer 55 states, and (vii) providing recommendations for optimizing the state's 56 debt structure and minimizing borrowing costs;
A. 4532 3 1 e. provide confidential memoranda, briefings and consultations on 2 current policy, proposed legislation, including budget legislation, and 3 other policy issues facing the state to senate and assembly members upon 4 request; 5 f. deliver expert testimony and identify prospective speakers for 6 hearings held by senate and assembly committees; 7 g. hold seminars and workshops on policy and fiscal issues, the legis- 8 lative and budget process, and other topics upon request of members of 9 the senate and assembly or at the discretion of the director of the 10 office; 11 h. identify pertinent source materials on state policy or fiscal 12 issues upon requests of members of the senate and assembly; and 13 i. conduct long-term analysis and research projects on state policy 14 and fiscal issues at the discretion of the director or upon the request 15 of the members of the assembly and senate. 16 2. The director may appoint analysts, assistants and such other 17 employees as the director may deem necessary or desirable, prescribe 18 such employee's duties and fix such employee's compensation within the 19 amounts appropriated and made available therefor. 20 3. The director is authorized to secure information, data, estimates, 21 and statistics directly from various agencies, departments, and offices 22 of the executive branch of the government. All such agencies, depart- 23 ments, and offices shall furnish to the director any available material 24 which the director determines necessary in the performance of the duties 25 and functions of the non-partisan office of policy research and fiscal 26 analysis, provided that the director maintains the level of confiden- 27 tiality required by the law of the agency, department, or office from 28 which it is obtained. The director is also authorized, upon agreement 29 with the head of any such agency, department, or office to utilize its 30 services, facilities, and personnel with or without reimbursement. 31 4. a. The office shall submit a report to the temporary president of 32 the senate, senate minority leader, the speaker of the assembly, assem- 33 bly minority leader, and the members of the fiscal committees of the 34 senate and assembly, which shall include the evaluations and assessments 35 of the proposed executive budget and quarterly updates to the financial 36 plan as released by the division of budget, as described in paragraphs 37 b, d and c of subdivision one of this section. 38 b. Such report shall be submitted on the first of March each year for 39 the next succeeding fiscal year. After submission to the temporary pres- 40 ident of the senate, senate minority leader, the speaker of the assembly 41 and assembly minority leader, such report shall be made available to the 42 public, upon request. 43 c. The office shall also submit a report on the first of December of 44 each year to the temporary president of the senate, senate minority 45 leader, the speaker of the assembly, and the assembly minority leader, 46 which shall include information on all requests received, services 47 provided, and a description of all non-confidential products produced by 48 the office. After submission to the temporary president of the senate, 49 senate minority leader, the speaker of the assembly and the assembly 50 minority leader, such report shall be made available to the public, upon 51 request. 52 5. a. The office shall be funded from legislative appropriations 53 provided annually, with equal allocations provided by the senate and the 54 assembly as each house deems appropriate.
A. 4532 4 1 b. The director may procure, within the amounts appropriated and made 2 available therefor, up-to-date computer equipment, obtain the services 3 of experts and consultants in computer technology. 4 § 2. Section 30 of the legislative law, as amended by chapter 766 of 5 the laws of 2005, is amended to read as follows: 6 § 30. Duties of finance and ways and means committees and secretaries 7 and of the non-partisan office of policy research and fiscal analysis 8 and its director. The committees and their secretaries and of the non- 9 partisan office of policy research and fiscal analysis and its director 10 shall have access at all reasonable times to offices of state depart- 11 ments, commissions, boards, bureaus and offices, to institutions and to 12 all state authorities and public works of the state and they may, for 13 the purpose of obtaining information as to the method of operation, 14 general condition, management and needs thereof, examine the books, 15 papers and public records therein. Notwithstanding any other provision 16 of law such state departments, commissions, boards, bureaus, offices, 17 state authorities and institutions shall through their proper officers 18 or deputies furnish to such committees and the non-partisan office of 19 policy research and fiscal analysis such data, information or statements 20 as may be necessary for the proper exercise of their powers and duties 21 and for the purpose of carrying into effect the provisions of this arti- 22 cle. The finance and ways and means committee in exercising the powers 23 and performing the duties prescribed by this article may act jointly, or 24 separately, as they deem advisable. 25 § 3. This act shall take effect immediately.