Senate Bill S2272

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2272
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by  Sens.  KRUEGER, HOYLMAN-SIGAL, LIU, SERRANO, STAVISKY --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Finance
 
 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   empire state performance commission in the  executive  department  for
   the purpose of designing and advising the governor and the legislature
   on  the  implementation  of  a performance-management and performance-
   budgeting system
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "empire state performance commission act".
   § 2. Legislative intent. New York's lack of  a  comprehensive  perfor-
 mance-budgeting  scheme  for state-funded programs often leads to irreg-
 ular appropriation practices and rigid  across-the-board  cuts,  without
 regard  to  the  programs'  effectiveness.  A performance-management and
 performance-budgeting system that ties program funding  to  the  results
 the  programs  achieve  would provide lawmakers with more flexibility in
 making budget decisions and provide the public with  a  means  by  which
 they can evaluate how their tax dollars are being spent.
   The legislature recognizes that implementing and maintaining a compre-
 hensive  system of performance-management and performance-budgeting is a
 complicated process that will require cooperation between  the  legisla-
 tive  and  executive  branches  in  order to be successful. Unilaterally
 imposing performance-management and  performance-budgeting  requirements
 on  executive  agencies  would  likely  be unproductive and ineffective.
 Reforming the state budget process requires  careful  deliberation  that
 includes  feedback from the various stakeholders in the process, includ-
 ing the public.
   This legislation creates a blue ribbon commission that will be charged
 with designing a performance-management and performance-budgeting  model

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06163-01-5
              

 S. 2272                             2
 
 for New York to adopt. The commission is structured to elicit input from
 both  houses  of  the legislature, the governor, executive agencies, and
 the public. Additionally,  it  is  expected  that  the  commission  will
 consult   with   performance-management   and/or   performance-budgeting
 experts, other state governments, and/or academic  research  on  perfor-
 mance-management  and  performance-budgeting. The intent of the legisla-
 ture in creating this  commission  is  to  have  legislation  ready  for
 passage  in  2025  that  implements a performance-management and perfor-
 mance-budgeting system starting with the 2027-2028 budget.
   § 3.  Article 50 of the executive law is  renumbered  article  55  and
 sections 1000, 1001, 1002, and 1003, as renumbered by chapter 770 of the
 laws of 1978, are renumbered sections 1500, 1501, 1502 and 1503.
   § 4. The executive law is amended by adding a new article 49-D to read
 as follows:
                               ARTICLE 49-D
                    EMPIRE STATE PERFORMANCE COMMISSION
 SECTION 1000. EMPIRE STATE PERFORMANCE COMMISSION; PURPOSE.
         1001. MEMBERSHIP; TERMS; CHAIR AND VICE CHAIR.
         1002. DUTIES OF THE COMMISSION.
         1003. DELIBERATIONS OF THE COMMISSION; ADVISORY COMMITTEES.
         1004. STAFF; COOPERATION AND ASSISTANCE.
   § 1000. EMPIRE STATE PERFORMANCE COMMISSION; PURPOSE. THE EMPIRE STATE
 PERFORMANCE COMMISSION IS ESTABLISHED AS A BLUE RIBBON COMMISSION IN THE
 EXECUTIVE  DEPARTMENT.  THE  PURPOSE  OF THE COMMISSION IS TO DESIGN AND
 ADVISE THE GOVERNOR AND THE  LEGISLATURE  ON  THE  IMPLEMENTATION  OF  A
 PERFORMANCE-MANAGEMENT  AND  PERFORMANCE-BUDGETING  SYSTEM. WHEN USED IN
 THIS ARTICLE,  THE  TERM  "PERFORMANCE-MANAGEMENT"  MEANS  A  MANAGEMENT
 SYSTEM  CONSISTING  OF  STRATEGIC  PLANNING,  STRATEGIC  PERFORMANCE AND
 PRODUCTIVITY MEASUREMENT, PROGRAM EVALUATION, AND PERFORMANCE BUDGETING,
 AND THE TERM "PERFORMANCE-BUDGETING" MEANS A SYSTEMIC  INCORPORATION  OF
 PLANNING,   STRATEGIC  PERFORMANCE  AND  PRODUCTIVITY  MEASUREMENT,  AND
 PROGRAM EVALUATION INFORMATION INTO THE BUDGETARY PROCESS.
   § 1001. MEMBERSHIP; TERMS; CHAIR AND VICE  CHAIR.  1.  THE  COMMISSION
 SHALL  BE  COMPOSED  OF  FIFTEEN  MEMBERS  THAT  INCLUDE SIX LEGISLATIVE
 MEMBERS AND NINE NON-LEGISLATIVE MEMBERS AS FOLLOWS:
   (A) THE GOVERNOR;
   (B) THE COMPTROLLER;
   (C) THE SPEAKER OF THE ASSEMBLY;
   (D) THE MINORITY LEADER OF THE ASSEMBLY;
   (E) THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE;
   (F) THE TEMPORARY PRESIDENT OF THE SENATE;
   (G) THE MINORITY LEADER OF THE SENATE;
   (H) THE CHAIR OF THE SENATE FINANCE COMMITTEE;
   (I) ONE NON-LEGISLATIVE CITIZEN MEMBER APPOINTED BY THE SPEAKER OF THE
 ASSEMBLY;
   (J) ONE NON-LEGISLATIVE CITIZEN  MEMBER  APPOINTED  BY  THE  TEMPORARY
 PRESIDENT OF THE SENATE;
   (K) THE DIRECTOR OF THE DIVISION OF THE BUDGET;
   (L) TWO EXECUTIVE DEPARTMENT HEADS APPOINTED BY THE GOVERNOR; AND
   (M) TWO NON-LEGISLATIVE CITIZEN MEMBERS APPOINTED BY THE GOVERNOR.
   2.  THE  LEGISLATIVE  LEADERS  SHALL  SUBMIT THEIR APPOINTMENTS TO THE
 GOVERNOR, AND THE GOVERNOR SHALL MAKE APPOINTMENTS, NO LATER THAN THIRTY
 DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.  IF ANY SUCH  APPOINTMENT
 IS  NOT  MADE BY SUCH DATE, THE APPOINTING OFFICER MAY MAKE THE APPOINT-
 MENT AFTER THAT DATE, BUT THE VACANT APPOINTMENT  SHALL  NOT  COUNT  FOR
 CALCULATION  OF  A QUORUM UNTIL IT IS FILLED. THE GOVERNOR AND THE COMP-
 S. 2272                             3
 
 TROLLER SHALL SERVE ON THE COMMISSION COINCIDENT  WITH  THEIR  TERMS  OF
 OFFICE. LEGISLATIVE MEMBERS, THE DIRECTOR OF THE DIVISION OF THE BUDGET,
 AND  THE  TWO EXECUTIVE DEPARTMENT HEADS APPOINTED BY THE GOVERNOR SHALL
 SERVE  ON  THE COMMISSION COINCIDENT WITH THEIR HOLDING THEIR RESPECTIVE
 POSITIONS.  IN THE EVENT THAT A LEGISLATIVE MEMBER HOLDS MORE  THAN  ONE
 OF  THE POSITIONS LISTED IN SUBDIVISION ONE OF THIS SECTION, SUCH LEGIS-
 LATIVE MEMBER SHALL DESIGNATE ANOTHER LEGISLATIVE MEMBER OR MEMBERS,  AS
 APPLICABLE,  TO  SERVE  AS  THE REPRESENTATIVE FOR THE OTHER POSITION OR
 POSITIONS. NON-LEGISLATIVE CITIZEN MEMBERS SHALL BE APPOINTED FOR A TERM
 ENDING ONE YEAR SUBSEQUENT TO THE EFFECTIVE DATE  OF  THIS  ARTICLE,  OR
 JUNE FIRST, TWO THOUSAND TWENTY-SIX, WHICHEVER IS LATER. VACANCIES SHALL
 BE  FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENTS. THE GOVERNOR
 SHALL SERVE AS THE CHAIR OF THE COMMISSION. THE COMMISSION SHALL ELECT A
 VICE CHAIR FROM ITS MEMBERSHIP.
   3. THE MEMBERS OF THE COMMISSION SHALL  RECEIVE  NO  COMPENSATION  FOR
 THEIR  SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECES-
 SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR  DUTIES.  MEMBERS  OF
 THE  COMMISSION  SHALL  BE  CONSIDERED  PUBLIC  OFFICERS FOR PURPOSES OF
 SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
   § 1002. DUTIES OF  THE  COMMISSION.  THE  COMMISSION  SHALL  HAVE  THE
 FOLLOWING DUTIES:
   1.  DESIGN  A  PERFORMANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM
 FOR THE STATE WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING:
   (A) STRATEGIC PLANNING;
   (B) PERFORMANCE MEASUREMENT;
   (C) PROGRAM EVALUATION;
   (D) UNIFORM STANDARDS FOR MEASURING, COMPILING, AND REPORTING PERFORM-
 ANCE INFORMATION;
   (E) A WEBSITE OR OTHER APPROPRIATE MEANS FOR DISSEMINATING INFORMATION
 ABOUT THE PERFORMANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM TO THE
 PUBLIC; AND
   (F) A CONTINUING OVERSIGHT AND ADVISORY ROLE FOR THE COMMISSION.
   2. ESTABLISH A TIMETABLE FOR PHASING IN  AND  ESTABLISHING  A  PERFOR-
 MANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM.
   3.  PROVIDE ADVICE ON THE IMPLEMENTATION OF THE PERFORMANCE-MANAGEMENT
 AND PERFORMANCE-BUDGETING SYSTEM ACROSS STATE GOVERNMENT.
   4. RECOMMEND A SYSTEMATIC PROCESS FOR THE PERIODIC EVALUATION  OF  THE
 PERFORMANCE-MANAGEMENT  AND  PERFORMANCE-BUDGETING SYSTEM WHICH PROVIDES
 FOR ENHANCED OPPORTUNITIES FOR PUBLIC PARTICIPATION AND INPUT.
   5. SOLICIT PUBLIC INPUT ON APPROPRIATE ASPECTS OF  PERFORMANCE-MANAGE-
 MENT AND PERFORMANCE-BUDGETING AS DETERMINED BY THE COMMISSION.
   6.  ON  OR BEFORE MARCH FIRST, TWO THOUSAND TWENTY-SIX, THE COMMISSION
 SHALL RECOMMEND TO THE GOVERNOR AND THE LEGISLATURE  LEGISLATION  IMPLE-
 MENTING  A  PERFORMANCE-MANAGEMENT  AND PERFORMANCE-BUDGETING SYSTEM FOR
 THE STATE STARTING WITH FISCAL YEAR TWO THOUSAND TWENTY-SEVEN--TWO THOU-
 SAND TWENTY-EIGHT.  AT THE SAME TIME, THE COMMISSION SHALL SUBMIT TO THE
 GOVERNOR AND THE LEGISLATURE A SUMMARY REPORT OF THE ACTIVITY AND  FIND-
 INGS  OF THE COMMISSION. THE COMMISSION SHALL DISSOLVE AT THE EXPIRATION
 OF ONE YEAR SUBSEQUENT TO THE EFFECTIVE DATE OF THIS  ARTICLE,  OR  JUNE
 FIRST, TWO THOUSAND TWENTY-SIX, WHICHEVER IS LATER.
   §  1003. DELIBERATIONS OF THE COMMISSION; ADVISORY COMMITTEES.  1. THE
 COMMISSION SHALL MEET AT LEAST FOUR TIMES. THE MEETINGS OF  THE  COMMIS-
 SION  SHALL  BE  HELD  AT THE CALL OF THE CHAIR OR WHENEVER FIVE OR MORE
 MEMBERS SO REQUEST. A  MAJORITY  OF  MEMBERS  OF  THE  COMMISSION  SHALL
 CONSTITUTE  A  QUORUM. APPROVAL OF ANY MATTER SHALL REQUIRE THE AFFIRMA-
 TIVE VOTE OF A MAJORITY OF  THE  MEMBERS  VOTING  THEREON.  MEMBERS  MAY
 S. 2272                             4
 
 DESIGNATE  AND AUTHORIZE ANOTHER PERSON TO ACT FOR SUCH MEMBER BY PROXY.
 PROXIES SHALL BE REVOCABLE AT THE PLEASURE OF THE MEMBER EXECUTING IT.
   2. THE DELIBERATIONS, MEETINGS AND OTHER PROCEEDINGS OF THE COMMISSION
 AND  ANY  COMMITTEE  THEREOF  SHALL  BE GOVERNED BY ARTICLE SEVEN OF THE
 PUBLIC OFFICERS LAW. ANY ONE OR MORE MEMBERS MAY PARTICIPATE IN A  MEET-
 ING  BY  MEANS  OF  A  CONFERENCE TELEPHONE, CONFERENCE VIDEO OR SIMILAR
 COMMUNICATIONS EQUIPMENT ALLOWING ALL PERSONS PARTICIPATING IN THE MEET-
 ING TO HEAR EACH OTHER AT THE SAME TIME.   PARTICIPATION BY  SUCH  MEANS
 SHALL CONSTITUTE PRESENCE IN PERSON AT A MEETING. AT ANY MEETINGS OF THE
 COMMISSION  CONDUCTED  BY  MEANS  OF  A CONFERENCE TELEPHONE, CONFERENCE
 VIDEO  OR  SIMILAR  COMMUNICATIONS  EQUIPMENT,  OTHER   THAN   EXECUTIVE
 SESSIONS, THE PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO LISTEN. IF A MEET-
 ING  OTHER  THAN  AN  EXECUTIVE SESSION IS TO BE CONDUCTED BY MEANS OF A
 CONFERENCE TELEPHONE, CONFERENCE VIDEO OR SIMILAR COMMUNICATIONS  EQUIP-
 MENT,  THE  PUBLIC  NOTICE  FOR THE MEETING SHALL INFORM THE PUBLIC THAT
 SUCH EQUIPMENT WILL BE USED, AND IDENTIFY THE MEANS BY WHICH THE  PUBLIC
 MAY LISTEN TO SUCH MEETING.
   3. THE COMMISSION MAY FORM SUCH ADVISORY COMMITTEES AS IT DEEMS NECES-
 SARY,  CONVENIENT,  OR  DESIRABLE TO ADVISE AND ASSIST IN PERFORMING THE
 DUTIES CONFERRED BY THIS ARTICLE.
   § 1004. STAFF; COOPERATION AND ASSISTANCE.   1. THE  DIVISION  OF  THE
 BUDGET  SHALL  PROVIDE  STAFF  ASSISTANCE TO THE COMMISSION.  ADDITIONAL
 ASSISTANCE AS NEEDED SHALL BE PROVIDED BY THE  STAFFS  OF  THE  ASSEMBLY
 WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE. ALL AGENCIES,
 AUTHORITIES,  AND  INSTITUTIONS OF THE STATE SHALL COOPERATE AND PROVIDE
 SUCH ASSISTANCE TO THE COMMISSION AS THE COMMISSION MAY REQUEST.
   2. THE CHAIR, IN CONSULTATION WITH THE COMMISSION, MAY HIRE OR APPOINT
 AN EXECUTIVE DIRECTOR FOR THE COMMISSION IF DEEMED NECESSARY.
   § 5. This act shall take effect immediately.