A. 7798 2
DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERN-
MENTS WITHIN THE STATE IN EXCESS OF ONE MILLION DOLLARS; OR
(II) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE A HIGH-
ER LEVEL OF SERVICE OR FUNDING FOR AN EXISTING PROGRAM, PROJECT OR
ACTIVITY THAT RESULTS IN AN ANNUAL NET ADDITIONAL COST TO ANY LOCAL
GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET
ADDITIONAL COST TO ALL LOCAL GOVERNMENTS WITHIN THE STATE IN EXCESS OF
ONE MILLION DOLLARS; OR
(III) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO GRANT ANY NEW
PROPERTY TAX EXEMPTION OR THAT BROADENS THE ELIGIBILITY OR INCREASES THE
DOLLAR AMOUNT OF ANY EXISTING PROPERTY TAX EXEMPTION, ON PROPERTY THAT
OTHERWISE WOULD HAVE GENERATED REVENUE UNDER THE CURRENT PROPERTY TAX
RATE OF SUCH LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS IN ANY
LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS STATEWIDE; OR
(IV) ANY STATE LAW WITH A LEGAL REQUIREMENT THAT WOULD OTHERWISE LIKE-
LY HAVE THE EFFECT OF RAISING PROPERTY TAXES IN EXCESS OF TEN THOUSAND
DOLLARS IN ANY LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS
STATEWIDE.
2. MORATORIUM ON UNFUNDED MANDATES. FOR A THREE YEAR PERIOD BEGINNING
WITH THE ENACTMENT OF THIS SECTION, NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, NO UNFUNDED MANDATES SHALL BE ENACTED.
3. EXEMPTIONS. (A) A STATE LAW SHALL NOT BE CONSIDERED AN UNFUNDED
MANDATE WHERE SUCH LAW:
(I) IS REQUIRED BY A COURT ORDER OR JUDGMENT; OR
(II) IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT UNDER A LAW
THAT IS PERMISSIVE RATHER THAN MANDATORY; OR
(III) RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE WHEREBY A LOCAL
GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE SPECI-
FIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY UPON THAT LOCAL
GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE PROGRAM OR
SERVICE; OR
(IV) IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLEMENTS A
FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE FEDERAL
GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR EXECU-
TIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT; OR
(V) IS IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN THE
SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES; OR
(VI) REPEALS OR REVISES A STATE LAW TO EASE AN EXISTING REQUIREMENT
THAT A LOCAL GOVERNMENT PROVIDE OR UNDERTAKE A PROGRAM, PROJECT, OR
ACTIVITY, OR REAPPORTIONS THE COSTS OF ACTIVITIES BETWEEN LOCAL GOVERN-
MENTS; OR
(VII) IS NECESSARY TO PROTECT AGAINST AN IMMEDIATE THREAT TO PUBLIC
HEALTH OR SAFETY.
(B) THE EFFECTIVE DATE OF ANY ACT ESTABLISHING A MANDATE SHALL PROVIDE
A REASONABLE TIME FOR THE STATE AND ANY LOCAL GOVERNMENT TO PLAN IMPLE-
MENTATION THEREOF AND SHALL BE CONSISTENT WITH THE AVAILABILITY OF
REQUIRED FUNDS.
§ 2. The executive law is amended by adding a new article 43 to read
as follows:
ARTICLE 43
REGIONAL MANDATE
RELIEF COUNCILS
SECTION 930. DEFINITIONS.
931. REGIONAL MANDATE RELIEF COUNCILS.
932. REGIONAL COUNCIL ACTIONS.
A. 7798 3
933. LOCAL GOVERNMENT REQUEST.
934. REPORTS.
935. ASSISTANCE OF OTHER AGENCIES.
§ 930. DEFINITIONS. 1. "LOCAL GOVERNMENT" MEANS A COUNTY, CITY, TOWN,
VILLAGE, SCHOOL DISTRICT, OR SPECIAL DISTRICT.
2. "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
PERFORMING OR ADMINISTERING ANY PROGRAM, PROJECT, OR ACTIVITY AFTER
SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH LOCAL
GOVERNMENT IN RELATION TO SUCH PROGRAM, PROJECT, OR ACTIVITY, INCLUDING
BUT NOT LIMITED TO:
(A) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
ITY;
(B) STATE OR FEDERAL FUNDS RECEIVED FOR SUCH PROGRAM, PROJECT, OR
ACTIVITY; AND
(C) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMINATION
OF ANY OTHER PROGRAM, PROJECT, OR ACTIVITY THAT STATE LAW REQUIRES SUCH
LOCAL GOVERNMENT TO PROVIDE OR UNDERTAKE.
3. "REGIONAL MANDATE RELIEF COUNCIL" MEANS A COUNCIL FOR EACH OF THE
FOLLOWING REGIONS:
(A) CAPITAL REGION MEANS THE COUNTIES OF ALBANY, COLUMBIA, GREENE,
RENSSELAER, SARATOGA, SCHENECTADY, WARREN AND WASHINGTON;
(B) CENTRAL NEW YORK MEANS THE COUNTIES OF CAYUGA, CORTLAND, MADISON,
ONONDAGA AND OSWEGO;
(C) FINGER LAKES MEANS THE COUNTIES OF GENESEE, LIVINGSTON, MONROE,
ONTARIO, ORLEANS, SENECA, WAYNE, WYOMING AND YATES;
(D) LONG ISLAND MEANS THE COUNTIES OF NASSAU AND SUFFOLK;
(E) MID-HUDSON MEANS THE COUNTIES OF DUTCHESS, ORANGE, PUTNAM, ROCK-
LAND, SULLIVAN, ULSTER AND WESTCHESTER;
(F) MOHAWK VALLEY MEANS THE COUNTIES OF FULTON, HERKIMER, MONTGOMERY,
ONEIDA, OTSEGO AND SCHOHARIE;
(G) NEW YORK CITY MEANS THE COUNTIES OF BRONX, KINGS, NEW YORK, RICH-
MOND AND QUEENS;
(H) NORTH COUNTRY MEANS THE COUNTIES OF CLINTON, ESSEX, FRANKLIN,
HAMILTON, JEFFERSON, LEWIS AND ST. LAWRENCE;
(I) SOUTHERN TIER MEANS THE COUNTIES OF BROOME, CHEMUNG, CHENANGO,
DELAWARE, SCHUYLER, STEUBEN, TIOGA AND TOMPKINS; AND
(J) WESTERN NEW YORK MEANS THE COUNTIES OF ALLEGANY, CATTARAUGUS,
CHAUTAUQUA, ERIE AND NIAGARA.
4. "STATE AGENCY" OR "AGENCY" MEANS ANY STATE AGENCY, DEPARTMENT,
OFFICE, BOARD, BUREAU, DIVISION, COMMITTEE, COUNCIL OR OFFICE UNDER THE
DIRECTION OR CONTROL OF THE EXECUTIVE.
5. "UNFUNDED MANDATE" MEANS:
(A) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE OR
UNDERTAKE ANY NEW PROGRAM, PROJECT OR ACTIVITY THAT RESULTS IN AN ANNUAL
NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND
DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERN-
MENTS WITHIN THE STATE IN EXCESS OF ONE MILLION DOLLARS; OR
(B) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE A HIGHER
LEVEL OF SERVICE OR FUNDING FOR AN EXISTING PROGRAM, PROJECT OR ACTIVITY
THAT RESULTS IN AN ANNUAL NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN
EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL
COST TO ALL LOCAL GOVERNMENTS WITHIN THE STATE IN EXCESS OF ONE MILLION
DOLLARS; OR
(C) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO GRANT ANY NEW
PROPERTY TAX EXEMPTION OR THAT BROADENS THE ELIGIBILITY OR INCREASES THE
A. 7798 4
DOLLAR AMOUNT OF ANY EXISTING PROPERTY TAX EXEMPTION, ON PROPERTY THAT
OTHERWISE WOULD HAVE GENERATED REVENUE UNDER THE CURRENT PROPERTY TAX
RATE OF SUCH LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS IN ANY
LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS STATEWIDE; OR
(D) ANY STATE LAW WITH A LEGAL REQUIREMENT THAT WOULD OTHERWISE LIKELY
HAVE THE EFFECT OF RAISING PROPERTY TAXES IN EXCESS OF TEN THOUSAND
DOLLARS IN ANY LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS
STATEWIDE.
§ 931. REGIONAL MANDATE RELIEF COUNCILS. 1. THERE IS HEREBY CREATED
WITHIN THE EXECUTIVE DEPARTMENT TEN REGIONAL MANDATE RELIEF COUNCILS,
WHICH EACH SHALL BE COMPRISED OF MEMBERS APPOINTED AS FOLLOWS:
(A) ONE MEMBER TO BE APPOINTED BY THE GOVERNOR;
(B) ONE MEMBER TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
(C) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
(D) ONE MEMBER TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(E) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY;
(F) ONE MEMBER TO BE APPOINTED BY THE CHIEF EXECUTIVE (COUNTY EXECU-
TIVE OR CHAIR OF THE COUNTY LEGISLATIVE BODY OR BOROUGH PRESIDENT) OF
EVERY COUNTY IN THE REGION;
(G) ONE MEMBER TO BE APPOINTED BY THE NEW YORK CONFERENCE OF MAYORS;
(H) ONE MEMBER TO BE APPOINTED BY THE ASSOCIATION OF TOWNS OF THE
STATE OF NEW YORK FOR EVERY REGION EXCEPT FOR THE NEW YORK CITY REGION;
(I) ONE MEMBER TO BE APPOINTED BY THE MAYOR OF THE CITY OF NEW YORK
FOR THE NEW YORK CITY REGION;
(J) ONE MEMBER TO BE APPOINTED BY THE NEW YORK STATE SCHOOL BOARDS
ASSOCIATION EXCEPT FOR THE NEW YORK CITY REGION; AND
(K) ONE MEMBER TO BE APPOINTED BY THE CHANCELLOR OF THE NEW YORK CITY
DEPARTMENT OF EDUCATION FOR THE NEW YORK CITY REGION.
2. THE MEMBERS OF EACH REGIONAL COUNCIL SHALL BE A RESIDENT OF THE
REGION THEY WERE APPOINTED TO REPRESENT.
3. THE MEMBERS OF EACH REGIONAL COUNCIL SHALL SERVE WITHOUT COMPEN-
SATION BUT SHALL RECEIVE REIMBURSEMENT FOR THEIR REASONABLE AND NECES-
SARY EXPENSES.
4. EACH REGIONAL COUNCIL SHALL ELECT A CHAIR.
5. A MAJORITY OF EACH REGIONAL COUNCIL SHALL CONSTITUTE A QUORUM.
6. EACH REGIONAL COUNCIL SHALL MEET REGULARLY UPON THE CALL OF ITS
CHAIR AND AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE.
7. EACH REGIONAL COUNCIL SHALL HOLD A MINIMUM OF THREE PUBLIC HEARINGS
AT DIFFERENT LOCATIONS THROUGHOUT THE REGION.
8. EACH REGIONAL COUNCIL SHALL WITHIN NINETY DAYS OF APPOINTMENT, MAKE
RECOMMENDATIONS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
MINORITY LEADER OF THE ASSEMBLY, FOR REPEAL OR MODIFICATION OF ANY
STATEWIDE UNFUNDED MANDATES THAT DO NOT APPLY TO THE REGION.
9. EACH REGIONAL COUNCIL SHALL WITHIN TWO HUNDRED SEVENTY DAYS OF
APPOINTMENT, AND ANNUALLY THEREAFTER, ISSUE A FINAL REPORT TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF THE
ASSEMBLY, WITH RECOMMENDATIONS FOR REPEAL OR MODIFICATION OF ANY REGULA-
TORY OR STATUTORY UNFUNDED MANDATES THAT THE COUNCIL DETERMINES WERE
IMPOSED ON A LOCAL GOVERNMENT IN AN UNSOUND, UNDULY BURDENSOME OR COSTLY
MANNER, DETAILS REGARDING ITS ACTIVITIES, AND REGARDING THE ISSUES,
STATUTES, REGULATIONS, RULES AND ORDERS WHICH IT REVIEWED, EXAMINED,
PROPOSED, REFERRED AND/OR CONSIDERED.
A. 7798 5
10. EACH REGIONAL COUNCIL SHALL, UPON REQUEST OF A LOCAL GOVERNMENT OR
ONE OF THE MEMBERS OF THE COUNCIL, IDENTIFY AND REVIEW MANDATES THAT CAN
BE ELIMINATED OR REFORMED, AND MAKE SUCH OTHER AND FURTHER INQUIRIES,
REPORTS AND RECOMMENDATIONS AS THE COUNCIL MAY DEEM NECESSARY AND
PRUDENT TO EFFECTUATE ITS MISSION OF MANDATE RELIEF. IN IDENTIFYING AND
DETERMINING WHETHER SUCH MANDATES ARE UNSOUND, UNDULY BURDENSOME OR
COSTLY, THE COUNCIL SHALL RECEIVE AND CONSIDER PUBLIC COMMENT ABOUT THEM
AND SHALL REVIEW THEM IN LIGHT OF COST-BENEFIT PRINCIPLES AND SUCH OTHER
AND FURTHER FACTORS AS THE COUNCIL SHALL DEEM NECESSARY AND PRUDENT.
11. ALL VOTES OF A REGIONAL COUNCIL, AND ALL DELIBERATIONS AND REPORTS
OF ITS PROCEEDINGS SHALL BE OPEN TO THE PUBLIC PURSUANT TO ARTICLE SEVEN
OF THE PUBLIC OFFICERS LAW.
§ 932. REGIONAL COUNCIL ACTIONS. 1. THE COUNCIL MAY, UPON A TWO-THIRDS
VOTE, REFER ANY REGULATION OR STATUTE TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER
OF THE ASSEMBLY, AND THE MINORITY LEADER OF THE ASSEMBLY, FOR REPEAL OR
MODIFICATION, WHERE THE COUNCIL HAS PREVIOUSLY DETERMINED THAT SUCH
REGULATION, RULE OR ORDER OF ANY STATE AGENCY OR STATUTE IMPOSES UPON
ANY LOCAL GOVERNMENT AN UNFUNDED MANDATE IN AN UNSOUND, UNDULY BURDEN-
SOME OR COSTLY MANNER, SO AS TO NECESSITATE THAT IT BE ELIMINATED OR
REFORMED.
2. UPON RECEIPT OF RECOMMENDATIONS BY ALL TEN REGIONAL COUNCILS, THE
GOVERNOR, WITHIN SIXTY DAYS, SHALL DIRECT THE STATE AGENCY RESPONSIBLE
FOR THE PROMULGATION, REPEAL OR MODIFICATION OF ANY REGULATION DETER-
MINED BY A MAJORITY OF THE COUNCILS TO IMPOSE UPON ANY LOCAL GOVERNMENT
AN UNFUNDED MANDATE IN AN UNSOUND, UNDULY BURDENSOME OR COSTLY MANNER TO
EFFECTUATE SUCH REPEAL OR MODIFICATION OF THE REGULATION PURSUANT TO THE
PROCEDURES THAT SUCH AGENCY WOULD OTHERWISE BE REQUIRED TO FOLLOW UNDER
THE LAW, HAD SUCH AGENCY ON ITS OWN ACCORD SOUGHT TO REPEAL OR MODIFY
THE REGULATION.
3. UPON RECEIPT OF RECOMMENDATIONS BY ALL TEN REGIONAL COUNCILS, THE
GOVERNOR, WITHIN SIXTY DAYS, SHALL HAVE PREPARED A GOVERNOR'S PROGRAM
BILL, FOR INTRODUCTION IN BOTH HOUSES OF THE LEGISLATURE, TO EFFECTUATE
SUCH REPEAL OR MODIFICATION OF ANY STATUTES DETERMINED BY A MAJORITY OF
THE COUNCILS TO IMPOSE UPON ANY LOCAL GOVERNMENT AN UNFUNDED MANDATE IN
AN UNSOUND, UNDULY BURDENSOME OR COSTLY MANNER.
§ 933. LOCAL GOVERNMENT REQUEST. A LOCAL GOVERNMENT MAY, BY RESOLUTION
OF ITS GOVERNING BODY, ASK ITS REGIONAL COUNCIL TO REVIEW A SPECIFIC
STATUTE, REGULATION, RULE OR ORDER OF STATE GOVERNMENT TO DETERMINE
WHETHER SUCH STATUTE, REGULATION, RULE OR ORDER OF STATE GOVERNMENT IS
AN UNFUNDED MANDATE OR IS OTHERWISE UNSOUND, UNDULY BURDENSOME OR COSTLY
SO AS TO REQUIRE THAT IT BE ELIMINATED OR REFORMED.
§ 934. REPORTS. REPORTS OF EACH REGIONAL COUNCIL SHALL BE ADOPTED UPON
A MAJORITY VOTE OF THE MEMBERS OF THE COUNCIL. ALL REPORTS OF EACH
REGIONAL COUNCIL SHALL BE POSTED ON A PUBLICLY ACCESSIBLE WEBSITE.
§ 935. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
THIS ARTICLE, ANY STATE AGENCY SHALL, AT THE REQUEST OF A REGIONAL COUN-
CIL, PROVIDE TO THE COUNCIL SUCH FACILITIES, ASSISTANCE AND DATA AS WILL
ENABLE THE COUNCIL TO PROPERLY CARRY OUT ITS RESPONSIBILITIES AND
DUTIES.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or subpart of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or subpart thereof directly involved in the controversy in which such
A. 7798 6
judgment shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 4. 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.