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.
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.
