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A05321 Summary:

BILL NOA05321
 
SAME ASSAME AS S04903
 
SPONSORFlood
 
COSPNSR
 
MLTSPNSR
 
Add §51-a, Leg L; add Art 43 §§930 - 935, Exec L
 
Establishes a temporary moratorium on unfunded mandates from the legislature and creates regional mandate relief councils.
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A05321 Actions:

BILL NOA05321
 
03/07/2023referred to governmental operations
01/03/2024referred to governmental operations
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A05321 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5321
 
SPONSOR: Flood
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: To place a three-year moratorium on any unfunded state mandates on local governments and school districts and to create 10 Regional Mandate Relief Councils to review existing mandates and make recommendations to the Governor and the Legislature for the repeal or modification of any regulatory or statutory unfunded mandates that the council determines were imposed on a local government or school district in an unsound, unduly burdensome or costly manner.   SUMMARY OF PROVISIONS: Section I: adds a new section 51-a to the Legislative Law to place a three-year moratorium on unfunded state mandates on local governments and school districts costing more than $10,000 annually or $1 million statewide. Section II: adds a new article 43 to the Executive Law to establish 10 Regional Mandate Relief Councils as follows: Capital Region - counties of Albany, Columbia, Greene, Rensselaer, Sara- toga, Schenectady, Warren and Washington; Central New York - counties of Cayuga, Cortland, Madison, Onondaga and Oswego; Finger Lakes - counties of Genesee, Livingston, Monroe, Ontario, Orle- ans, Seneca, Wayne, Wyoming and Yates; Long Island - counties of Nassau and Suffolk;Mid-Hudson - counties of Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester; Mohawk Valley counties of Fulton, Herkimer, Montgomery, Oneida, Otsego and Schoharie; New York City - counties of Bronx, Kings, New York, Richmond and Queens; North Country - counties of Clinton, Essex, Franklin, Hamilton, Jeffer- son, Lewis and St. Lawrence; Southern Tier - counties of Broome, Chemung, Chenango, Delaware, Schuyl- er, Steuben, Tioga and Tompkins; and Western New York - counties of Allegany, Cattaraugus, Chautauqua, Erie and Niagara. The Members of the Regional Councils must be residents of the region they are appointed to represent, and would be appointed as follows: *One member appointed by the Governor; *One member appointed by the Temporary President of the Senate; *One member appointed by the Minority Leader of the Senate; *One member appointed by the Speaker of the Assembly; *One member appointed by the Minority Leader of the Assembly; *One member appointed by the chief executive (county executive or chair of the county legislative body or.borough president) of every county in the region; *One member appointed by the New York Conference of Mayors; *One member appointed by the Association of Towns of the State of New York (except in New York City); *One member appointed by the Mayor of New York City for the New York City Regional Council; *One member appointed by the New York State School Boards Association (except in New York City); and *One member appointed by the Chancellor of the New York City Department of Education in the New York City Region. All votes and deliberations of a regional council shall be open to the public, and each regional council shall: *hold a minimum of three public hearings at different locations in their region; *meet regularly upon call of the chair chosen by members of each regional council; *make recommendations within 90 days to the Governor and four legisla- tive leaders for the repeal or modification of any unfunded mandates that do not apply to their region; *make recommendations within 270 days, and annually thereafter, to the Governor and four legislative leaders for the repeal or modification of any regulatory or statutory unfunded mandate that the council determines were imposed in an unsound, unduly burdensome or costly manner; informa- tion regarding its activities, and regarding the issues, statutes, regu- lations, rules and orders which it reviewed, examined, proposed and considered; *all reports are adopted upon a majority vote of the regional council; *all reports must be posted on a publicly accessible website; *upon request of a local government or a member of the council, identify and review mandates that can be eliminated or reformed and make any inquiries, reports and recommendations as the council may deem neces- sary; and *receive and consider public comment about any potential unfunded mandates, and review them in light of cost-benefit principles. The Regional Councils may, upon a two-thirds vote, refer any regulation or statute to the governor and the four legislative leaders for repeal or modification. *If a majority of the regional councils recommend a regulation for repeal or modification, the governor must direct the state agency responsible for such regulation to repeal or modify it within 60 days. *If a majority of the regional councils recommend a statute for repeal or modification, the governor, within 60 days, must submit a program bill for introduction in both houses to effectuate such repeal or modification. Local governments may at any time ask their regional coun- cil to review a specific statute, regulation, rule, or order of state government by resolution of its governing body. Section III: contains a severability clause. Section IV: contains the effective date.   JUSTIFICATION: It has been said, "When people complain about high taxes in New York, they're talking about the property tax." While the reasons behind New York's high property taxes often are debated, it is clear that the plethora of unfunded mandates placed on local governments and school districts are one of the main reasons New Yorkers must pay an unreason- able amount of their hard-earned money for owning or renting property in the state. It is past time we start getting our unfunded mandate problem under control and we must act now as local governments deal with popu- lation loss and rising inflation. This legislation would implement a three-year unfunded mandate moratorium, and create 10 regional mandate relief councils designed to identify, modify and eliminate the costly mandates that drive up property taxes. This legislation also would force the governor to act on recommendations made by a majority of the regional councils. What may make sense for one region of the state, many times does not make sense for all other regions. There needs to be a regional approach in examining which mandates are unnecessary or unduly burdensome. The state of New York is vastly different from region to region. The local members of the regional mandate relief councils will be voices for their local communities. They will be able to examine and present their analysis and recommendations as to which mandates should be modified or repealed, if any, while taking the specific geographic and socioeconomic factors of their region under consideration. By pass- ing this law, New Yorkers would begin to see a decrease in their annual property tax bills,and would finally see the fiscal relief they so rightly deserve.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately and shall expire and be deemed repealed 3 years after such date, provided, however, that section one of this act shall only apply to laws enacted after such date.
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A05321 Text:



 
                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.
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