A02049 Summary:

BILL NOA02049
 
SAME ASNo same as
 
SPONSORTedisco (MS)
 
COSPNSRMcKevitt
 
MLTSPNSRBarclay, Burling, Butler, Calhoun, Conte, Crouch, Finch, Fitzpatrick, Hayes, Kolb, McDonough, Miller J, Molinaro, Oaks, Rabbitt, Raia, Reilich, Saladino, Sayward, Thiele
 
Add Art 2-A S25, Gen Muni L
 
Provides for the establishment of a statewide municipal cooperation program for the purpose of providing greater opportunities for sharing of municipal obligations and responsibilities, and encourage mergers and other sharing arrangements; designates regional commissions and creates a state conference of municipal cooperation; provides for research grants.
Go to top    

A02049 Actions:

BILL NOA02049
 
01/13/2011referred to local governments
06/07/2011held for consideration in local governments
01/04/2012referred to local governments
Go to top

A02049 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A02049 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2049
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2011
                                       ___________
 
        Introduced  by M. of A. TEDISCO, McKEVITT -- Multi-Sponsored by -- M. of
          A. BARCLAY, BURLING, BUTLER, CALHOUN, CONTE,  CROUCH,  FINCH,  FITZPA-
          TRICK,  HAYES,  KOLB,  McDONOUGH,  J. MILLER, MOLINARO, OAKS, RABBITT,
          RAIA, REILICH, SALADINO, SAYWARD, THIELE -- read once and referred  to
          the Committee on Local Governments
 

        AN ACT to amend the general municipal law, in relation to establishing a
          municipal cooperation program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  The general municipal law is amended by adding a new arti-
     2  cle 2-A to read as follows:
     3                                  ARTICLE 2-A
     4                        MUNICIPAL COOPERATION PROGRAM
     5  Section 25. Municipal cooperation program.
     6    § 25. Municipal cooperation program.  1.  Establishment.    There  are
     7  hereby established a state conference on municipal cooperation and eight
     8  regional commissions on municipal cooperation.  The regional commissions
     9  shall be as follows and shall consist of the following counties:

    10    (a)  Long  Island  - New York: Bronx, Kings, Nassau, New York, Queens,
    11  Richmond and Suffolk.
    12    (b) Hudson  Valley:  Dutchess,  Orange,  Putnam,  Rockland,  Sullivan,
    13  Ulster and Westchester.
    14    (c) Capital: Columbia, Greene, Albany, Schoharie, Rensselaer, Schenec-
    15  tady, Montgomery, Fulton, Saratoga and Washington.
    16    (d)  North  Country: Warren, Essex, Clinton, Franklin, Hamilton, Saint
    17  Lawrence, Lewis, Oswego and Jefferson.
    18    (e) Central - Mohawk Valley: Otsego, Herkimer, Oneida, Madison,  Cort-
    19  land, Onondaga and Cayuga.
    20    (f)  Southern  Tier:  Delaware,  Broome,  Chenango,  Tioga,  Tompkins,
    21  Schuyler, Chemung, Allegany and Steuben.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02243-01-1

        A. 2049                             2
 
     1    (g) Finger  Lakes:  Wayne,  Seneca,  Yates,  Ontario,  Livingston  and
     2  Monroe.
     3    (h)  Western: Cattaraugus, Chautauqua, Erie, Wyoming, Genesee, Orleans
     4  and Niagara.
     5    2. State conference on municipal  cooperation  membership.    (a)  The
     6  state conference on municipal cooperation shall consist of nine members.
     7  The  secretary  of  state  shall be a member of the conference and shall
     8  serve as its chair. The vice chair of  each  regional  commission  shall

     9  serve as a member of the state conference on municipal cooperation.
    10    (b) The state conference shall allocate funds pursuant to this section
    11  to  each regional commission.  The state conference shall promulgate any
    12  rules and regulations necessary to  implement  the  provisions  of  this
    13  section;  however  such  rules  and regulations, and any changes thereto
    14  shall not take effect until approved by a majority vote of the governor,
    15  temporary president of the senate, speaker  of  the  assembly,  minority
    16  leader of the senate and minority leader of the assembly.
    17    3.  Regional  commissions  membership.    (a) Each regional commission
    18  shall consist of nine members, appointed as follows:

    19    (i) two members shall be appointed by the governor, one of whom  shall
    20  be  the  chair  of  the regional commission and the other shall serve as
    21  vice chair;
    22    (ii) two members shall be appointed by the temporary president of  the
    23  senate;
    24    (iii) two members shall be appointed by the speaker of the assembly;
    25    (iv)  one  member  shall  be  appointed  by the minority leader of the
    26  senate;
    27    (v) one member shall be appointed by the minority leader of the assem-
    28  bly; and
    29    (vi) one member shall be appointed by the state comptroller.
    30    (b) Each regional commission may conduct business  with  a  quorum  of
    31  members in office at the time.

    32    (c)  Each  member of a regional commission shall serve at the pleasure
    33  of his or her appointing authority.
    34    (d) Members of regional commissions shall receive no compensation  for
    35  their  service  but shall be allowed their actual and necessary expenses
    36  incurred in the performance of their duties.
    37    (e) Every member of a regional  commission  shall  reside  within  the
    38  region regulated by the regional commission upon which he or she serves.
    39    (f)  Every  member of a regional commission who is an elected official
    40  shall recuse himself or herself from any meeting of the commission deal-
    41  ing directly with an issue impacting upon the municipality which elected
    42  such member.

    43    (g) A two-thirds majority of each regional commission shall appoint an
    44  executive director, who shall conduct  the  business  of  such  regional
    45  commission under the supervision of the regional commission.  The execu-
    46  tive  director shall also be authorized to hire such additional staff as
    47  necessary to execute the work of the regional commission. The  executive
    48  director  may be removed only by a three-quarters vote of the members of
    49  the regional commission.
    50    (h) The purpose of the regional commissions shall be to:
    51    (i) increase communication between local governments to discuss shared
    52  services, consolidation, and the merger of local governments;
    53    (ii) provide technical and financial assistance and training to  local

    54  governments; and
    55    (iii)  identify  state and local laws which must be changed to achieve
    56  budgetary and property tax savings through sharing arrangements.

        A. 2049                             3
 
     1    (i) The regional commissions may award  grants  to  local  governments
     2  which seek to work together to achieve savings. Each regional commission
     3  shall  provide  grants  in  the  following manner: twenty percent of all
     4  funds available for the provision of grants shall be used  for  research
     5  grants,  ten  percent for implementation grants, and seventy percent for
     6  cooperation reward grants. A regional commission may  alter  this  allo-
     7  cation with the approval of at least two-thirds of its members.

     8    4. Research grants. Each regional commission shall seek to provide the
     9  assistance  necessary  to  research  the efficacy of cooperative efforts
    10  between localities. If such research is beyond the scope of the  commis-
    11  sion,  then  the localities may seek a fifty percent matching grant from
    12  the regional commission to hire a public, private or academic entity  to
    13  conduct  such  research.  The  provision  of any research grant, and the
    14  entity which shall conduct the research, shall be subject to approval by
    15  the regional commission.
    16    5. Implementation grants. Municipalities which have chosen to  execute
    17  the  cooperative effort, shall identify costs of implementing the effort
    18  and request a grant from the regional  commission.  Costs  eligible  for

    19  grants  may  include,  but  shall not be limited to: early retirement or
    20  resignation incentives; purchases of buildings or equipment;  or  hiring
    21  of  temporary employees to assist in consolidation. Such grants shall be
    22  subject to approval by the regional  commission.  Implementation  grants
    23  shall be awarded in the following manner:
    24    (a)  grants  to  fund  the  consolidation  of services between munici-
    25  palities or the provision of services from one municipality to  another.
    26  Such  grants shall equal fifty percent of the costs associated with such
    27  merger or consolidation; and
    28    (b) grants to fund mergers between municipalities. Such  grants  shall
    29  not exceed one hundred percent of the costs associated with such merger.

    30    6.  Cooperation  reward  grants. (a) The regional commission may award
    31  grants to municipalities which have elected  to  execute  a  cooperative
    32  effort.  Municipalities  which  have  elected  to  execute a cooperative
    33  effort shall identify one of  the  participating  municipalities,  which
    34  shall  act  as  a lead agent, which shall identify the savings which are
    35  expected to accrue to the municipalities and  request  a  grant  in  the
    36  amount  determined  pursuant to this subdivision, and submit a report to
    37  their regional commission, which shall be reviewed and adjusted  accord-
    38  ingly  by the regional commission. At that time, the regional commission
    39  may approve or reject the  grant  application  according  to  applicable

    40  provisions of this section and any applicable rules or regulations which
    41  may be promulgated by the state conference and approved by majority vote
    42  of the governor and legislative leaders.
    43    (b) If approved, after the end of the first year of the consolidation,
    44  the  lead  agent  shall  produce  a report which shall state the savings
    45  which the municipalities have experienced during the year.  That  report
    46  shall  be  submitted  to their regional commission, which shall validate
    47  the savings which have accrued to the localities. Such savings  will  be
    48  calculated  by  comparing the total amount spent for services which have
    49  been consolidated with the projected cost of  the  services  which  have

    50  been  consolidated if the consolidation had not occurred, in the case of
    51  functional consolidations; or the combined budgets of the merged munici-
    52  pality, with the combined budgets of the municipalities which have  been
    53  merged if the merger had not occurred, in the case of mergers.
    54    (c)  The regional commission shall certify the validity of the savings
    55  identified by the lead  agent.  Regional  commissions  may  request  the
    56  assistance  of the state comptroller to validate the savings. After such

        A. 2049                             4
 
     1  savings are validated, the grant may be rewarded to  the  municipalities
     2  in an amount determined pursuant to this subdivision.

     3    (d)  Such  process  shall  be repeated each year, for a period of five
     4  years in the case of functional consolidations and seven  years  in  the
     5  case of mergers.
     6    (e)  Cooperation  reward  grants  shall be determined on the following
     7  basis:
     8    (i) grants to reward functional consolidation, i.e., consolidation  of
     9  services  between  municipalities. Such grants shall equal fifty percent
    10  of the identified and validated savings  associated  with  such  consol-
    11  idation; and
    12    (ii)  grants  to  reward  mergers  between municipalities. Such grants
    13  shall not exceed one hundred percent of  the  identified  and  validated
    14  savings associated with such merger.

    15    7.  Cooperation efforts. No provision of this section shall preclude a
    16  school district or special tax district from  participating  in  consol-
    17  idation or merger efforts or activities.
    18    §  2. This act shall take effect on the first of January next succeed-
    19  ing the date on which it shall have become a law.
Go to top