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

                                  2049

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  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.

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

              

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  (G) FINGER  LAKES:  WAYNE,  SENECA,  YATES,  ONTARIO,  LIVINGSTON  AND
MONROE.
  (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.

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  (I) THE REGIONAL COMMISSIONS MAY AWARD  GRANTS  TO  LOCAL  GOVERNMENTS
WHICH SEEK TO WORK TOGETHER TO ACHIEVE SAVINGS. EACH REGIONAL COMMISSION
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

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SAVINGS ARE VALIDATED, THE GRANT MAY BE REWARDED TO  THE  MUNICIPALITIES
IN AN AMOUNT DETERMINED PURSUANT TO THIS SUBDIVISION.
  (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.