S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6920
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 27, 2019
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 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
 for New York to adopt. The commission is structured to elicit input from

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

                                                            LBD08607-01-9

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 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 2019 that implements  a  performance-management  and  perfor-
 mance-budgeting system starting with the 2021-2022 budget.
   §  3.  The executive law is amended by adding a new article 51 to read
 as follows:
                                ARTICLE 51
                    EMPIRE STATE PERFORMANCE COMMISSION
 SECTION 1010. EMPIRE STATE PERFORMANCE COMMISSION; PURPOSE.
         1011. MEMBERSHIP; TERMS; CHAIRMAN AND VICE CHAIRMAN.
         1012. DUTIES OF THE COMMISSION.
         1013. DELIBERATIONS OF THE COMMISSION; ADVISORY COMMITTEES.
         1014. STAFF; COOPERATION AND ASSISTANCE.
   § 1010. 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.
   §  1011. MEMBERSHIP; TERMS; CHAIRMAN AND VICE CHAIRMAN. 1. THE COMMIS-
 SION 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 CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE;
   (F) THE TEMPORARY PRESIDENT OF THE SENATE;
   (G) THE MINORITY LEADER OF THE SENATE;
   (H) THE CHAIRMAN 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 HIS OR HER 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 APPOINTMENT AFTER THAT DATE, BUT THE VACANT  APPOINTMENT  SHALL  NOT
 COUNT  FOR  CALCULATION OF A QUORUM UNTIL IT IS FILLED. THE GOVERNOR AND
 THE COMPTROLLER 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

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 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 LEGISLATIVE 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,  WHICHEVER  IS  LATER.
 VACANCIES  SHALL  BE  FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINT-
 MENTS. THE GOVERNOR SHALL SERVE AS THE CHAIRMAN OF THE  COMMISSION.  THE
 COMMISSION SHALL ELECT A VICE CHAIRMAN 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.
   §  1012.  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, THE COMMISSION SHALL
 RECOMMEND TO THE GOVERNOR AND THE LEGISLATURE LEGISLATION IMPLEMENTING A
 PERFORMANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM  FOR  THE  STATE
 STARTING  WITH FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-
 TWO.  AT THE SAME TIME, THE COMMISSION SHALL SUBMIT TO THE GOVERNOR  AND
 THE  LEGISLATURE  A  SUMMARY  REPORT OF THE ACTIVITY AND FINDINGS 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, WHICHEVER IS LATER.
   § 1013. 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 CHAIRMAN 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
 DESIGNATE AND AUTHORIZE ANOTHER PERSON TO ACT FOR HIM OR HER  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

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 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.
   §  1014.  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  CHAIRMAN,  IN  CONSULTATION  WITH THE COMMISSION, MAY HIRE OR
 APPOINT AN EXECUTIVE DIRECTOR FOR THE COMMISSION IF DEEMED NECESSARY.
   § 4. This act shall take effect immediately.