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This entry was published on 2023-12-29
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SECTION 239-BB
County-wide shared services panels
General Municipal (GMU) CHAPTER 24, ARTICLE 12-I
§ 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. "Panel" shall mean a county-wide shared services panel established
pursuant to subdivision two of this section.

d. "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. The
chief executive officer of each town, city and village shall be the
representative to a panel and shall be the mayor, if a city or a
village, or shall be the supervisor, if a town. 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 consistent with
paragraph b of this subdivision.

b. The county CEO may 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. Upon such
invitation, the governing body of such school district, board of
cooperative educational services, fire district, fire protection
district, or other special district may accept such invitation by
selecting a representative 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 transmission 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,
annually convene the panel and shall undertake to revise and update a
previously approved plan or alternatively develop a new plan through
December 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
insurance 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
interest 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
school district, board of cooperative educational services, fire
district, fire protection district, or special improvement district.

5. The county CEO, the county legislative body and a panel shall
accept input from the public, civic, business, labor and community
leaders 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
county, 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
certification 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 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
accompanied 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
transmit 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. For each county, new shared services actions in an 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 matching 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 during either: (i) January first
through December thirty-first from new actions implemented on or after
January first through December thirty-first of the year immediately
following an approved and transmitted plan, or (ii) July first of the
year immediately following an approved and transmitted plan through June
thirtieth of the subsequent year from new actions implemented July first
of the year immediately following an approved plan through June
thirtieth of the subsequent year 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.

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 on or
before June thirtieth, two thousand twenty-five 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.

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
property 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-four.

12. Notwithstanding any other provision of law to the contrary, monies
constituting the funds of the village incorporation commission
established pursuant to section 2-259 of the village law shall be
deposited with the state comptroller and held for the purposes of the
village incorporation commission established in article two of the
village law; provided, however, that such monies shall be derived from
the appropriation dedicated to the matching funds program pursuant to
subdivision eight of this section and provided further, that such
funding for such entity shall not be subject to the requirements of
subdivision eight of this section related to savings.