S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4663
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 21, 2023
                                ___________
 
 Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
   tee 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, subdivision 8 as
 amended by chapter 717 of the laws of 2022,  subdivisons  9  and  11  as
 amended by chapter 294 of the laws of 2021 and subdivison 12 as added by
 chapter 577 of the laws of 2021, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09378-01-3
              

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 DISTRICT, AND SPECIAL IMPROVEMENT DISTRICT  IN  THE  COUNTY.  The  chief
 executive  officer of each town, city and village shall be the represen-
 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,
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 fire district, fire protection district, [or] PUBLIC  LIBRARY  DISTRICT,
 AND 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 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 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,
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 savings achieved during either: (i) January first through December thir-
 ty-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  subse-
 quent  year  from  new  actions implemented July first of the year imme-
 diately following an approved plan through June thirtieth of the  subse-
 quent  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 imple-
 mented 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
 SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW.
   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-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
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   (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
   (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-four.
   12.] Notwithstanding any other provision of law to the  contrary,  the
 entity  created  pursuant  to title five-A of article five of the public
 authorities law shall be eligible for one million dollars in each  state
 fiscal  year  beginning with state fiscal year two thousand twenty-one--
 two thousand twenty-two; 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.
   § 2. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   § 99-QQ. 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.