NY State Assembly Bill 2009-A10830

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 23, 2010	referred to local governments

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2009-A10830 (ACTIVE) - Details

Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Add Art 2-A §25, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2049
2013-2014: A6180

2009-A10830 (ACTIVE) - Summary

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.

2009-A10830 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10830

TITLE  OF BILL:   An act to amend the general municipal law, in relation
to establishing a municipal cooperation program

PURPOSE OR GENERAL IDEA OF BILL: To create a  MetroSTAR  program,  which
will  provide  local governments with the assistance and incentives they
need to achieve savings through cooperation and consolidation.

SUMMARY OF PROVISIONS:  Amends the general municipal law to  add  a  new
article,  2-A, the Municipal Cooperation Program, (to be popularly known
as MetroSTAR) with a new section 25.

1. Establishes a state commission on municipal  cooperation,  and  eight
regional municipal cooperation commissions_ The regional commissions and
the counties within the jurisdiction of each is listed below:

a) Long Island - New York: Bronx, Kings, Nassau, New York, Queens, Rich-
mond and Suffolk.

b)  Hudson  Valley:  Westchester,  Rockland,  Orange,  Putnam, Sullivan,
Ulster and Dutchess.

c) Capital: Columbia, Greene, Albany, Schoharie, Rensselaer,  Schenecta-
dy, Saratoga, Washington, Montgomery, and Fulton.

d)  North Country:- Warren, Hamilton, Lewis, Jefferson, Franklin, Essex,
Clinton, Saint Lawrence, and Oswego.

e) Central: Mohawk Valley: Otsego, Herkimer, Oneida, Madison,  Cortland,
Onondaga, and Cayuga.

f) Southern Tier: Delaware, Broome, Chenango, Tioga, Tompkins, Schuyler,
Chemung, Allegany and Steuben.

g) Finger Lakes: Wayne, Seneca, Yates, Ontario, Livingston, and Monroe.

h) Western: Cattaraugus, Chautauqua, Erie, Wyoming, Genesee, Orleans and
Niagara.

2.  Establishes  the membership of the state conference, the purpose and
powers of state conference, and process for development  of  regulations
to govern the commissions.

3. Provides for membership and powers of regional commissions; the proc-
ess  for  the  appointment  of  executive director and staff; states the
mission of the regional commissions  (which  is  to:  increase  communi-
cations  between  local  government  to  foster the sharing of municipal
services where appropriate; provide technical and  financial  assistance
to  local governments seeking to.merge or share services; identify state
and local laws which require changes to facilitate the productive  shar-

ing of services); and states the manner in which funds will be set aside
fox different types of projects.

4. Requires each regional commission to seek to provide research assist-
ance  or in lieu thereof, grants to localities that seek to research the
efficacy of mergers or consolidations; when such research is beyond  the
scope of the commission.

5.  Provides for implementation grants to localities that seek to imple-
ment mergers or service consolidations. Provides that grants to  support
service consolidation will be funded at no more than 50 cents per dollar
of  costs,  and grants to defray the cost of implementing mergers may be
fully funded.

6. Provides for cooperation reward grants and the method by which grants
would be awarded. Cooperation reward grants are grants provided  by  the
state  to localities that execute a merger or consolidation of services,
in the form of matching-grants for savings achieved through  cooperative
efforts.  Grants for service consolidations can be as much as 50 percent
of savings, and grants for mergers can be as  much  as  100  percent  of
savings.

7.  Ensures  that all local governing authorities, to include school and
special districts, can participate in this program.

JUSTIFICATION:  It has been widely acknowledged that New York State  has
too  many  layers  of government, which cost too much to run. Metro STAR
provides localities with the assistance and incentives they need to work
more effectively by sharing services, or fully merging, where  appropri-
ate.

LEGISLATIVE HISTORY:
2008: A.4543; Referred to Local Governments
2007: A.4843; Referred to Local Governments
2006: A. 2011; Held for consideration in Local Governments
2005: A.2011; Referred to Local Governments
2004: A.1303; Held for consideration in Local Governments
2003: A.1303; Referred to Local Governments
2002: A.2841; Held for consideration in Local Governments
2001: A.2841; Referred to Local Governments
2000: A.5621; Held for consideration in Local Governments
1999: A.5621; Referred to Local Governments
1998: A.10225; Referred to Local Governments

FISCAL IMPLICATION: $30 million.

EFFECTIVE  DATE:  First  of January next succeeding the date on-which it
shall become a law.

2009-A10830 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10830

                          I N  A S S E M B L Y

                             April 23, 2010
                               ___________

Introduced  by M. of A. TEDISCO, McKEVITT -- Multi-Sponsored by -- M. of
  A. ALFANO, BACALLES, BARCLAY, BARRA, BURLING, BUTLER, CALHOUN,  CONTE,
  CROUCH, FINCH, FITZPATRICK, HAYES, KOLB, McDONOUGH, J. MILLER, MOLINA-
  RO,  OAKS,  O'MARA,  QUINN, RABBITT, RAIA, REILICH, SALADINO, SAYWARD,
  SCOZZAFAVA, THIELE, TOWNSEND -- read once and referred to the  Commit-
  tee 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:

  Section 1.  The general municipal law is amended by adding a new arti-
cle 2-A to read as follows:
                                ARTICLE 2-A
                      MUNICIPAL COOPERATION PROGRAM
SECTION 25. MUNICIPAL COOPERATION PROGRAM.
  S 25. MUNICIPAL COOPERATION PROGRAM.  1.  ESTABLISHMENT.    THERE  ARE
HEREBY ESTABLISHED A STATE CONFERENCE ON MUNICIPAL COOPERATION AND EIGHT
REGIONAL COMMISSIONS ON MUNICIPAL COOPERATION.  THE REGIONAL COMMISSIONS
SHALL BE AS FOLLOWS AND SHALL CONSIST OF THE FOLLOWING COUNTIES:
  (A)  LONG  ISLAND  - NEW YORK: BRONX, KINGS, NASSAU, NEW YORK, QUEENS,
RICHMOND AND SUFFOLK.
  (B) HUDSON  VALLEY:  DUTCHESS,  ORANGE,  PUTNAM,  ROCKLAND,  SULLIVAN,
ULSTER AND WESTCHESTER.
  (C) CAPITAL: COLUMBIA, GREENE, ALBANY, SCHOHARIE, RENSSELAER, SCHENEC-
TADY, MONTGOMERY, FULTON, SARATOGA AND WASHINGTON.
  (D)  NORTH  COUNTRY: WARREN, ESSEX, CLINTON, FRANKLIN, HAMILTON, SAINT
LAWRENCE, LEWIS, OSWEGO AND JEFFERSON.
  (E) CENTRAL - MOHAWK VALLEY: OTSEGO, HERKIMER, ONEIDA, MADISON,  CORT-
LAND, ONONDAGA AND CAYUGA.
  (F)  SOUTHERN  TIER:  DELAWARE,  BROOME,  CHENANGO,  TIOGA,  TOMPKINS,
SCHUYLER, CHEMUNG, ALLEGANY AND STEUBEN.
  (G) FINGER  LAKES:  WAYNE,  SENECA,  YATES,  ONTARIO,  LIVINGSTON  AND
MONROE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15878-01-0

A. 10830                            2

  (H)  WESTERN: CATTARAUGUS, CHAUTAUQUA, ERIE, WYOMING, GENESEE, ORLEANS
AND NIAGARA.
  2.  STATE  CONFERENCE  ON  MUNICIPAL COOPERATION MEMBERSHIP.   (A) THE
STATE CONFERENCE ON MUNICIPAL COOPERATION SHALL CONSIST OF NINE MEMBERS.
THE SECRETARY OF STATE SHALL BE A MEMBER OF  THE  CONFERENCE  AND  SHALL
SERVE  AS  ITS  CHAIR.  THE VICE CHAIR OF EACH REGIONAL COMMISSION SHALL
SERVE AS A MEMBER OF THE STATE CONFERENCE ON MUNICIPAL COOPERATION.
  (B) THE STATE CONFERENCE SHALL ALLOCATE FUNDS PURSUANT TO THIS SECTION
TO EACH REGIONAL COMMISSION.  THE STATE CONFERENCE SHALL PROMULGATE  ANY
RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT THE PROVISIONS OF THIS
SECTION; HOWEVER SUCH RULES AND REGULATIONS,  AND  ANY  CHANGES  THERETO
SHALL NOT TAKE EFFECT UNTIL APPROVED BY A MAJORITY VOTE OF THE GOVERNOR,
TEMPORARY  PRESIDENT  OF  THE  SENATE, SPEAKER OF THE ASSEMBLY, MINORITY
LEADER OF THE SENATE AND MINORITY LEADER OF THE ASSEMBLY.
  3. REGIONAL COMMISSIONS MEMBERSHIP.    (A)  EACH  REGIONAL  COMMISSION
SHALL CONSIST OF NINE MEMBERS, APPOINTED AS FOLLOWS:
  (I)  TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL
BE THE CHAIR OF THE REGIONAL COMMISSION AND THE  OTHER  SHALL  SERVE  AS
VICE CHAIR;
  (II)  TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  (III) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
SENATE;
  (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY; AND
  (VI) ONE MEMBER SHALL BE APPOINTED BY THE STATE COMPTROLLER.
  (B)  EACH  REGIONAL  COMMISSION  MAY CONDUCT BUSINESS WITH A QUORUM OF
MEMBERS IN OFFICE AT THE TIME.
  (C) EACH MEMBER OF A REGIONAL COMMISSION SHALL SERVE AT  THE  PLEASURE
OF HIS OR HER APPOINTING AUTHORITY.
  (D)  MEMBERS OF REGIONAL COMMISSIONS SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICE BUT SHALL BE ALLOWED THEIR ACTUAL AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  (E)  EVERY  MEMBER  OF  A  REGIONAL COMMISSION SHALL RESIDE WITHIN THE
REGION REGULATED BY THE REGIONAL COMMISSION UPON WHICH HE OR SHE SERVES.
  (F) EVERY MEMBER OF A REGIONAL COMMISSION WHO IS AN  ELECTED  OFFICIAL
SHALL RECUSE HIMSELF OR HERSELF FROM ANY MEETING OF THE COMMISSION DEAL-
ING DIRECTLY WITH AN ISSUE IMPACTING UPON THE MUNICIPALITY WHICH ELECTED
SUCH MEMBER.
  (G) A TWO-THIRDS MAJORITY OF EACH REGIONAL COMMISSION SHALL APPOINT AN
EXECUTIVE  DIRECTOR,  WHO  SHALL  CONDUCT  THE BUSINESS OF SUCH REGIONAL
COMMISSION UNDER THE SUPERVISION OF THE REGIONAL COMMISSION.  THE EXECU-
TIVE DIRECTOR SHALL ALSO BE AUTHORIZED TO HIRE SUCH ADDITIONAL STAFF  AS
NECESSARY  TO EXECUTE THE WORK OF THE REGIONAL COMMISSION. THE EXECUTIVE
DIRECTOR MAY BE REMOVED ONLY BY A THREE-QUARTERS VOTE OF THE MEMBERS  OF
THE REGIONAL COMMISSION.
  (H) THE PURPOSE OF THE REGIONAL COMMISSIONS SHALL BE TO:
  (I) INCREASE COMMUNICATION BETWEEN LOCAL GOVERNMENTS TO DISCUSS SHARED
SERVICES, CONSOLIDATION, AND THE MERGER OF LOCAL GOVERNMENTS;
  (II)  PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE AND TRAINING TO LOCAL
GOVERNMENTS; AND
  (III) IDENTIFY STATE AND LOCAL LAWS WHICH MUST BE CHANGED  TO  ACHIEVE
BUDGETARY AND PROPERTY TAX SAVINGS THROUGH SHARING ARRANGEMENTS.
  (I)  THE  REGIONAL  COMMISSIONS  MAY AWARD GRANTS TO LOCAL GOVERNMENTS
WHICH SEEK TO WORK TOGETHER TO ACHIEVE SAVINGS. EACH REGIONAL COMMISSION

A. 10830                            3

SHALL PROVIDE GRANTS IN THE FOLLOWING  MANNER:  TWENTY  PERCENT  OF  ALL
FUNDS  AVAILABLE  FOR THE PROVISION OF GRANTS SHALL BE USED FOR RESEARCH
GRANTS, TEN PERCENT FOR IMPLEMENTATION GRANTS, AND SEVENTY  PERCENT  FOR
COOPERATION  REWARD  GRANTS.  A REGIONAL COMMISSION MAY ALTER THIS ALLO-
CATION WITH THE APPROVAL OF AT LEAST TWO-THIRDS OF ITS MEMBERS.
  4. RESEARCH GRANTS. EACH REGIONAL COMMISSION SHALL SEEK TO PROVIDE THE
ASSISTANCE NECESSARY TO RESEARCH THE  EFFICACY  OF  COOPERATIVE  EFFORTS
BETWEEN  LOCALITIES. IF SUCH RESEARCH IS BEYOND THE SCOPE OF THE COMMIS-
SION, THEN THE LOCALITIES MAY SEEK A FIFTY PERCENT MATCHING  GRANT  FROM
THE  REGIONAL COMMISSION TO HIRE A PUBLIC, PRIVATE OR ACADEMIC ENTITY TO
CONDUCT SUCH RESEARCH. THE PROVISION OF  ANY  RESEARCH  GRANT,  AND  THE
ENTITY WHICH SHALL CONDUCT THE RESEARCH, SHALL BE SUBJECT TO APPROVAL BY
THE REGIONAL COMMISSION.
  5.  IMPLEMENTATION GRANTS. MUNICIPALITIES WHICH HAVE CHOSEN TO EXECUTE
THE COOPERATIVE EFFORT, SHALL IDENTIFY COSTS OF IMPLEMENTING THE  EFFORT
AND  REQUEST  A  GRANT  FROM THE REGIONAL COMMISSION. COSTS ELIGIBLE FOR
GRANTS MAY INCLUDE, BUT SHALL NOT BE LIMITED  TO:  EARLY  RETIREMENT  OR
RESIGNATION  INCENTIVES;  PURCHASES OF BUILDINGS OR EQUIPMENT; OR HIRING
OF TEMPORARY EMPLOYEES TO ASSIST IN CONSOLIDATION. SUCH GRANTS SHALL  BE
SUBJECT  TO  APPROVAL  BY THE REGIONAL COMMISSION. IMPLEMENTATION GRANTS
SHALL BE AWARDED IN THE FOLLOWING MANNER:
  (A) GRANTS TO FUND  THE  CONSOLIDATION  OF  SERVICES  BETWEEN  MUNICI-
PALITIES  OR THE PROVISION OF SERVICES FROM ONE MUNICIPALITY TO ANOTHER.
SUCH GRANTS SHALL EQUAL FIFTY PERCENT OF THE COSTS ASSOCIATED WITH  SUCH
MERGER OR CONSOLIDATION; AND
  (B)  GRANTS  TO FUND MERGERS BETWEEN MUNICIPALITIES. SUCH GRANTS SHALL
NOT EXCEED ONE HUNDRED PERCENT OF THE COSTS ASSOCIATED WITH SUCH MERGER.
  6. COOPERATION REWARD GRANTS. (A) THE REGIONAL  COMMISSION  MAY  AWARD
GRANTS  TO  MUNICIPALITIES  WHICH  HAVE ELECTED TO EXECUTE A COOPERATIVE
EFFORT. MUNICIPALITIES WHICH  HAVE  ELECTED  TO  EXECUTE  A  COOPERATIVE
EFFORT  SHALL  IDENTIFY  ONE  OF THE PARTICIPATING MUNICIPALITIES, WHICH
SHALL ACT AS A LEAD AGENT, WHICH SHALL IDENTIFY THE  SAVINGS  WHICH  ARE
EXPECTED  TO  ACCRUE  TO  THE  MUNICIPALITIES AND REQUEST A GRANT IN THE
AMOUNT DETERMINED PURSUANT TO THIS SUBDIVISION, AND SUBMIT A  REPORT  TO
THEIR  REGIONAL COMMISSION, WHICH SHALL BE REVIEWED AND ADJUSTED ACCORD-
INGLY BY THE REGIONAL COMMISSION. AT THAT TIME, THE REGIONAL  COMMISSION
MAY  APPROVE  OR  REJECT  THE  GRANT APPLICATION ACCORDING TO APPLICABLE
PROVISIONS OF THIS SECTION AND ANY APPLICABLE RULES OR REGULATIONS WHICH
MAY BE PROMULGATED BY THE STATE CONFERENCE AND APPROVED BY MAJORITY VOTE
OF THE GOVERNOR AND LEGISLATIVE LEADERS.
  (B) IF APPROVED, AFTER THE END OF THE FIRST YEAR OF THE CONSOLIDATION,
THE LEAD AGENT SHALL PRODUCE A REPORT  WHICH  SHALL  STATE  THE  SAVINGS
WHICH  THE MUNICIPALITIES HAVE EXPERIENCED DURING THE YEAR.  THAT REPORT
SHALL BE SUBMITTED TO THEIR REGIONAL COMMISSION,  WHICH  SHALL  VALIDATE
THE  SAVINGS  WHICH HAVE ACCRUED TO THE LOCALITIES. SUCH SAVINGS WILL BE
CALCULATED BY COMPARING THE TOTAL AMOUNT SPENT FOR SERVICES  WHICH  HAVE
BEEN  CONSOLIDATED  WITH  THE  PROJECTED COST OF THE SERVICES WHICH HAVE
BEEN CONSOLIDATED IF THE CONSOLIDATION HAD NOT OCCURRED, IN THE CASE  OF
FUNCTIONAL CONSOLIDATIONS; OR THE COMBINED BUDGETS OF THE MERGED MUNICI-
PALITY,  WITH THE COMBINED BUDGETS OF THE MUNICIPALITIES WHICH HAVE BEEN
MERGED IF THE MERGER HAD NOT OCCURRED, IN THE CASE OF MERGERS.
  (C) THE REGIONAL COMMISSION SHALL CERTIFY THE VALIDITY OF THE  SAVINGS
IDENTIFIED  BY  THE  LEAD  AGENT.  REGIONAL  COMMISSIONS MAY REQUEST THE
ASSISTANCE OF THE STATE COMPTROLLER TO VALIDATE THE SAVINGS. AFTER  SUCH
SAVINGS  ARE  VALIDATED, THE GRANT MAY BE REWARDED TO THE MUNICIPALITIES
IN AN AMOUNT DETERMINED PURSUANT TO THIS SUBDIVISION.

A. 10830                            4

  (D) SUCH PROCESS SHALL BE REPEATED EACH YEAR, FOR  A  PERIOD  OF  FIVE
YEARS  IN  THE  CASE OF FUNCTIONAL CONSOLIDATIONS AND SEVEN YEARS IN THE
CASE OF MERGERS.
  (E)  COOPERATION  REWARD  GRANTS  SHALL BE DETERMINED ON THE FOLLOWING
BASIS:
  (I) GRANTS TO REWARD FUNCTIONAL CONSOLIDATION, I.E., CONSOLIDATION  OF
SERVICES  BETWEEN  MUNICIPALITIES. SUCH GRANTS SHALL EQUAL FIFTY PERCENT
OF THE IDENTIFIED AND VALIDATED SAVINGS  ASSOCIATED  WITH  SUCH  CONSOL-
IDATION; AND
  (II)  GRANTS  TO  REWARD  MERGERS  BETWEEN MUNICIPALITIES. SUCH GRANTS
SHALL NOT EXCEED ONE HUNDRED PERCENT OF  THE  IDENTIFIED  AND  VALIDATED
SAVINGS ASSOCIATED WITH SUCH MERGER.
  7.  COOPERATION EFFORTS. NO PROVISION OF THIS SECTION SHALL PRECLUDE A
SCHOOL DISTRICT OR SPECIAL TAX DISTRICT FROM  PARTICIPATING  IN  CONSOL-
IDATION OR MERGER EFFORTS OR ACTIVITIES.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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Assembly Bill A10830

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

multi-Sponsors

2009-A10830 (ACTIVE) - Details

2009-A10830 (ACTIVE) - Summary

2009-A10830 (ACTIVE) - Sponsor Memo

2009-A10830 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10830

Share this bill

Sponsored By

TEDISCO

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Thomas McKevitt

multi-Sponsors

Thomas Alfano

James Bacalles

William A. Barclay

Robert Barra

2009-A10830 (ACTIVE) - Details

2009-A10830 (ACTIVE) - Summary

2009-A10830 (ACTIVE) - Sponsor Memo

2009-A10830 (ACTIVE) - Bill Text download pdf

Comments