S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6205
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT  to  amend the general municipal law, in relation to county-wide
   shared services panels;  and  to  amend  the  state  finance  law,  in
   relation to establishing the municipal efficiency fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 239-bb of the general municipal law,  as  added  by
 section  1  of  part EE of chapter 55 of the laws of 2018, is amended to
 read as follows:
   § 239-bb. County-wide shared  services  panels.  1.  Definitions.  The
 following  terms  shall  have the following meanings for the purposes of
 this article:
   a. "County" shall mean any county not wholly contained within a city.
   b. "County CEO" shall mean the county  executive,  county  manager  or
 other  chief  executive  of the county, or, where none, the chair of the
 county legislative body.
   c. "LIBRARY DISTRICT" AS THE TERM IS USED IN THIS SECTION  SHALL  MEAN
 ANY  PUBLIC  LIBRARY  ESTABLISHED  PURSUANT TO THE PROVISIONS OF ARTICLE
 FIVE OF THE EDUCATION LAW.
   D. "Panel" shall mean a county-wide shared services panel  established
 pursuant to subdivision two of this section.
   [d.]  E.  "Plan" shall mean a county-wide shared services property tax
 savings plan.
   2. County-wide shared services panels. [a.] There shall be  a  county-
 wide  shared services panel in each county consisting of the county CEO,
 and one representative from each city, town and village in  the  county,
 AS  WELL  AS  EACH  SCHOOL  DISTRICT,  BOARD  OF COOPERATIVE EDUCATIONAL
 SERVICE,  FIRE  DISTRICT,  FIRE  PROTECTION  DISTRICT,  PUBLIC   LIBRARY
 DISTRICT,  AND  SPECIAL  IMPROVEMENT  DISTRICT  IN THE COUNTY. The chief
 executive officer of each town, city and village shall be the  represen-

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

                                                            LBD09891-01-1

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 tative  to  a  panel and shall be the mayor, if a city or a village, [or
 shall be the] A supervisor, if a town, OR  A  DESIGNATED  REPRESENTATIVE
 FOR EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICE, FIRE
 DISTRICT,  FIRE  PROTECTION DISTRICT, PUBLIC LIBRARY DISTRICT OR SPECIAL
 IMPROVEMENT DISTRICT. The county CEO shall serve as  chair.  All  panels
 established in each county pursuant to part BBB of chapter fifty-nine of
 the  laws  of two thousand seventeen, and prior to the enactment of this
 article, shall continue in satisfaction of this section in such form  as
 they  were  established,  provided  [that  the county CEO may alter] the
 membership of the panel SHALL BE ALTERED AS NECESSARY TO  BE  consistent
 with [paragraph b of] this subdivision.
   [b.  The  county  CEO may invite any school district, board of cooper-
 ative educational services, fire district, fire protection district,  or
 special  improvement  district  in the county to join a panel. Upon such
 invitation, the governing body of such school district, board of cooper-
 ative educational services, fire district, fire protection district,  or
 other  special district may accept such invitation by selecting a repre-
 sentative of such governing body, by majority vote, to serve as a member
 of the panel. Such school district,  board  of  cooperative  educational
 services,  fire  district,  fire  protection  district  or other special
 district shall maintain  such  representation  until  the  panel  either
 approves  a  plan  or transmits a statement to the secretary of state on
 the reason the panel did not approve a plan, pursuant to paragraph d  of
 subdivision  seven  of this section. Upon approval of a plan or a trans-
 mission of a statement to the secretary of state that a  panel  did  not
 approve  a  plan in any calendar year, the county CEO may, but need not,
 invite any school district, board of cooperative  educational  services,
 fire  district, fire protection district or special improvement district
 in the county to join a panel thereafter convened.]
   3. a. Each county CEO shall, after satisfying the requirements of part
 BBB of chapter fifty-nine of the laws of two thousand seventeen, annual-
 ly convene the panel and shall undertake to revise and update  a  previ-
 ously  approved plan or alternatively develop a new plan [through Decem-
 ber thirty-first, two thousand twenty-one].  Such  plans  shall  contain
 new,  recurring property tax savings resulting from actions such as, but
 not limited to, the elimination of duplicative services; shared services
 arrangements including,  joint  purchasing,  shared  highway  equipment,
 shared storage facilities, shared plowing services and energy and insur-
 ance  purchasing  cooperatives;  reducing back office and administrative
 overhead; and better coordinating services. The secretary of  state  may
 provide  advice and/or recommendations on the form and structure of such
 plans.
   b. After having convened at least two meetings in a calendar  year,  a
 panel may, by majority vote, determine that it is not in the best inter-
 est  of the taxpayers to revise and update a previously approved plan or
 to develop a new plan in such year. The county CEO of such  panel  shall
 then comply with the provisions of paragraph (d) of subdivision seven of
 this section.
   4.  While  revising  or  updating a previously approved plan, or while
 developing a new plan, the county CEO shall regularly consult with,  and
 take  recommendations  from,  the representatives: on the panel; of each
 collective bargaining unit of the county  and  the  cities,  towns,  and
 villages;  and of each collective bargaining unit [of any participating]
 FOR EACH school district, board  of  cooperative  educational  services,
 fire  district,  fire protection district, [or] PUBLIC LIBRARY DISTRICT,
 AND special improvement district.

 A. 6205                             3
 
   5. The county CEO, the county  legislative  body  and  a  panel  shall
 accept input from the public, civic, business, labor and community lead-
 ers  on  any proposed plan. The county CEO shall cause to be conducted a
 minimum of three public hearings prior to submission of a plan to a vote
 of a panel. All such public hearings shall be conducted within the coun-
 ty,  and  public  notice of all such hearings shall be provided at least
 one week prior in the manner prescribed in subdivision  one  of  section
 one hundred four of the public officers law. Civic, business, labor, and
 community  leaders, as well as members of the public, shall be permitted
 to provide public testimony at any such hearings.
   6. a. The county CEO shall submit each plan, accompanied by a  certif-
 ication  as  to  the  accuracy  of the savings contained therein, to the
 county legislative body at least forty-five days prior to a vote by  the
 panel.
   b.  The  county  legislative  body shall review and consider each plan
 submitted in accordance with paragraph a of this subdivision. A majority
 of the members of such body may issue an advisory report on  each  plan,
 making  recommendations as deemed necessary. The county CEO may modify a
 plan based on such  recommendations,  which  shall  include  an  updated
 certification as to the accuracy of the savings contained therein.
   7.  a.  A panel shall duly consider any plan properly submitted to the
 panel by the county CEO and may approve such plan by a majority vote  of
 the  panel.  Each  member  of a panel may, prior to the panel-wide vote,
 cause to be removed from a plan any proposed action affecting the  [unit
 of  government]  ENTITY  represented  by  the respective member. Written
 notice of such removal shall be provided to the county CEO  prior  to  a
 panel-wide vote on a plan.
   b.  Plans approved by a panel shall be transmitted to the secretary of
 state no later than thirty days from the date of  approval  by  a  panel
 accompanied  by a certification as to the accuracy of the savings accom-
 panied therein, and shall be publicly disseminated to residents  of  the
 county  in a concise, clear, and coherent manner using words with common
 and everyday meaning.
   c. The county CEO shall conduct a public presentation of any  approved
 plan  no  later  than  thirty days from the date of approval by a panel.
 Public notice of such presentation shall be provided at least  one  week
 prior in the manner prescribed in subdivision one of section one hundred
 four of the public officers law.
   d.  Beginning  in  two thousand twenty, by January fifteenth following
 any calendar year during which a panel did not approve a plan and trans-
 mit such plan to the secretary of state pursuant to paragraph b of  this
 subdivision,  the  county  CEO of such panel shall release to the public
 and transmit to the secretary of state a statement  explaining  why  the
 panel  did  not  approve a plan that year, including, for each vote on a
 plan, the vote taken by each panel member and  an  explanation  by  each
 panel member of their vote.
   8.  (A) For each county, new shared services actions not included in a
 previously approved and submitted plan pursuant to this section or  part
 BBB  of chapter fifty-nine of the laws of two thousand seventeen, may be
 eligible for funding to match  savings  from  such  action,  subject  to
 available  appropriation.  Savings  that  are  actually and demonstrably
 realized by the participating local governments are eligible for  match-
 ing  funding.  For actions that are part of an approved plan transmitted
 to the secretary of state in accordance with paragraph b of  subdivision
 seven  of  this  section,  savings  achieved  from January first through
 December thirty-first from new actions implemented on or  after  January

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 first through December thirty-first of the year immediately following an
 approved and transmitted plan may be eligible for matching funding. Only
 net  savings between local governments for each action would be eligible
 for  matching  funding.  Savings from internal efficiencies or any other
 action taken by a local government without the participation of  another
 local  government are not eligible for matching funding. Each county and
 all of the local governments within the county  that  are  part  of  any
 action  to  be implemented as part of an approved plan must collectively
 apply for the matching funding and agree on the distribution and use  of
 any matching funding in order to qualify for matching funding.
   (B)  APPLICATIONS FOR MATCHING FUNDS SHALL BE MADE TO THE SECRETARY OF
 STATE. UPON APPROVAL BY THE SECRETARY OF  STATE,  CERTIFICATION  OF  THE
 MATCHING  FUNDS  TO  BE  PAID TO THE COUNTY PURSUANT TO SAID APPLICATION
 SHALL BE FORWARDED TO THE NEW YORK STATE COMPTROLLER FOR PAYMENT OF SUCH
 MONIES TO THE COUNTY FROM THE MUNICIPAL EFFICIENCY FUND  ESTABLISHED  BY
 STATE FINANCE LAW SECTION NINETY-NINE-II.
   9. The department of state shall prepare a report to the governor, the
 temporary president of the senate and the speaker of the assembly on the
 county-wide  shared  services  plans  approved by the county-wide shared
 services panels created pursuant to part BBB of  chapter  fifty-nine  of
 the  laws  of two thousand seventeen and this article and shall post the
 report on the department's website. Such report shall be provided  ANNU-
 ALLY  on  or  before June thirtieth, [two thousand twenty-two] and shall
 include, but not be limited to, the following:
   a. a detailed summary  of  projects  included  in  county-wide  shared
 services plans by category, such as:
   (1) public health and insurance;
   (2) emergency services;
   (3) sewer, water, and waste management systems;
   (4) energy procurement and efficiency;
   (5) parks and recreation;
   (6) education and workforce training;
   (7) law and courts;
   (8) shared equipment, personnel, and services;
   (9) joint purchasing;
   (10) governmental reorganization;
   (11) transportation and highway departments; and
   (12) records management and administrative functions.
   b. for each of the counties the following information:
   (1)  a  detailed  summary  of  each  of  the  savings plans, including
 revisions and updates submitted each year or  the  statement  explaining
 why the county did not approve a plan in any year;
   (2) the anticipated savings for each plan;
   (3) the number of cities, towns and villages in the county;
   (4)  [the  number of cities, towns and villages that participated in a
 panel, as reported in a plan;
   (5) the number of school districts, boards of cooperative  educational
 services,  fire  districts,  fire protection districts, or other special
 districts in the county; and
   (6) the number of school districts, boards of cooperative  educational
 services,  fire  districts,  fire protection districts, or other special
 districts that participated in a panel, as reported in a plan.]
   THE NUMBER OF SCHOOL  DISTRICTS,  BOARDS  OF  COOPERATIVE  EDUCATIONAL
 SERVICES,  FIRE  DISTRICTS,  FIRE  PROTECTION  DISTRICTS, PUBLIC LIBRARY
 DISTRICTS, AND OTHER SPECIAL IMPROVEMENT DISTRICTS  LOCATED  WITHIN  THE
 COUNTY; AND

 A. 6205                             5
 
   (5)  THE  NUMBER  AND  NAME  OF  ANY  CITIES,  TOWNS, VILLAGES, SCHOOL
 DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES,  FIRE  DISTRICTS,
 FIRE  PROTECTION  DISTRICTS,  PUBLIC  LIBRARY  DISTRICTS,  AND ANY OTHER
 SPECIAL IMPROVEMENT DISTRICT THAT REFUSED TO PARTICIPATE IN A PANEL.
   10.  The secretary of state may solicit, and the panels may provide at
 her or  his  request,  advice  and  recommendations  concerning  matters
 related  to  the  operations  of  local  governments and shared services
 initiatives, including,  but  not  limited  to,  making  recommendations
 regarding  grant  proposals  incorporating  elements of shared services,
 government dissolutions, government and service consolidations, or prop-
 erty taxes and such other grants where the secretary deems the input  of
 the  panels  to  be  in the best interest of the public. The panel shall
 advance such advice or recommendations by a vote of the majority of  the
 members present at such meeting.
   [11.  The authority granted by this article to a county CEO to convene
 a panel for the purpose of revising or updating  a  previously  approved
 plan,  or  developing  a  new plan, or to provide the secretary of state
 information pursuant to subdivision ten of this section, shall cease  on
 December thirty-first, two thousand twenty-one.]
   § 2. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   §  99-II. MUNICIPAL EFFICIENCY FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE CUSTODY OF THE STATE COMPTROLLER AND THE DEPARTMENT OF TAXATION  AND
 FINANCE A SPECIAL FUND TO BE KNOWN AS THE MUNICIPAL EFFICIENCY FUND.
   2.  SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
 OF SUCH FUND, ALL OTHER MONEYS REQUIRED TO BE PAID INTO, TRANSFERRED  OR
 CREDITED TO SUCH FUND, AND ALL MONEYS RECEIVED BY THE FUND OR DONATED TO
 IT.
   3. MONEYS OF  THE MUNICIPAL EFFICIENCY FUND SHALL BE SOLELY AVAILABLE,
 FOLLOWING  APPROPRIATION BY THE LEGISLATURE AND IN  ACCORDANCE WITH  LAW
 TO  PROVIDE  COUNTIES WITH AWARDS OF MATCHING FUNDS  UPON  CERTIFICATION
 BY  THE DEPARTMENT OF STATE OF COMPLIANCE WITH SECTION TWO HUNDRED THIR-
 TY-NINE-BB  OF  THE  GENERAL  MUNICIPAL  LAW  WHERE  COUNTY-WIDE  SHARED
 SERVICES  PANELS HAVE APPROVED A PLAN RESULTING IN SAVINGS TO THE COUNTY
 AND VARIOUS POLITICAL SUBDIVISIONS THEREIN.
   § 3. This act shall take effect immediately.