S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4532
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Governmental Operations
 
 AN ACT to amend the legislative law, in  relation  to  creation  of  the
   non-partisan office of policy research and fiscal analysis
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The legislative law is amended by adding a new article  4-B
 to read as follows:
                                ARTICLE 4-B
        NON-PARTISAN OFFICE OF POLICY RESEARCH AND FISCAL ANALYSIS
 SECTION 76. NON-PARTISAN OFFICE OF POLICY RESEARCH AND FISCAL ANALYSIS.
         77. POWERS AND DUTIES OF THE OFFICE; REPORT.
   §  76.  NON-PARTISAN OFFICE OF POLICY RESEARCH AND FISCAL ANALYSIS. 1.
 FOR PURPOSES OF THIS ARTICLE:
   A. "OFFICE" MEANS THE  NON-PARTISAN  OFFICE  OF  POLICY  RESEARCH  AND
 FISCAL ANALYSIS ESTABLISHED IN THIS ARTICLE;
   B.  "DIRECTOR" MEANS THE DIRECTOR OF THE NON-PARTISAN OFFICE OF POLICY
 RESEARCH AND FISCAL ANALYSIS; AND
   C. "SUPER-MAJORITY VOTE" MEANS A  VOTE  REQUIRING  TWO-THIRDS  OF  THE
 MEMBERS ELECTED TO EACH BRANCH OF THE LEGISLATURE.
   2.  THERE  IS  HEREBY CREATED A NON-PARTISAN OFFICE OF POLICY RESEARCH
 AND FISCAL ANALYSIS.  THE HEAD OF SUCH OFFICE SHALL BE THE DIRECTOR  WHO
 SHALL BE APPOINTED BY A JOINT RESOLUTION REQUIRING A SUPER-MAJORITY VOTE
 OF  BOTH  THE SENATE AND ASSEMBLY FOR A TERM OF SEVEN YEARS.  THE TEMPO-
 RARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY,  IN  CONSULTA-
 TION  WITH THE SENATE MINORITY LEADER AND ASSEMBLY MINORITY LEADER SHALL
 REACH A CONSENSUS ON A CANDIDATE FOR THE DIRECTOR POSITION ON WHICH  THE
 SENATE  AND  ASSEMBLY  SHALL  VOTE.  THE DIRECTOR OF THE OFFICE SHALL BE
 APPOINTED WITHOUT REGARD TO POLITICAL  AFFILIATION  AND  SOLELY  ON  THE
 BASIS OF FITNESS TO PERFORM THE DUTIES ASSIGNED BY THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00663-01-5
 A. 4532                             2
              

 
   3.  A DEPUTY DIRECTOR SHALL BE APPOINTED BY THE DIRECTOR. ANY INDIVID-
 UAL APPOINTED AS DIRECTOR TO FILL A VACANCY PRIOR TO THE EXPIRATION OF A
 TERM SHALL SERVE ONLY FOR THE UNEXPIRED PORTION OF THAT TERM. ANY  INDI-
 VIDUAL SERVING AS DIRECTOR AT THE EXPIRATION OF THE TERM MAY CONTINUE TO
 SERVE UNTIL SUCH INDIVIDUAL'S SUCCESSOR IS APPOINTED.  ANY DEPUTY DIREC-
 TOR SHALL SERVE UNTIL THE EXPIRATION OF THE TERM OF OFFICE OF THE DIREC-
 TOR WHO APPOINTED SUCH DEPUTY DIRECTOR, AND UNTIL SUCH DEPUTY DIRECTOR'S
 SUCCESSOR IS APPOINTED, UNLESS SOONER REMOVED BY THE DIRECTOR.
   4.    THE  DIRECTOR SHALL HOLD NO OTHER PUBLIC OFFICE WHILE SERVING AS
 THE DIRECTOR. THE DIRECTOR SHALL RECEIVE SUCH  COMPENSATION  AS  MAY  BE
 FIXED BY THE LEGISLATURE.
   5. THE DIRECTOR MAY BE REMOVED BY EITHER THE ASSEMBLY OR THE SENATE BY
 RESOLUTION  REQUIRING A TWO-THIRDS VOTE OF THE MEMBERS ELECTED TO EITHER
 BRANCH OF THE LEGISLATURE.
   § 77. POWERS AND DUTIES OF THE OFFICE; REPORT. 1. THE OFFICE SHALL:
   A. AT THE REQUEST OF ANY MEMBER OF THE  SENATE  OR  ASSEMBLY,  CONDUCT
 COST-BENEFIT  ANALYSES  OF PROPOSED LEGISLATION OR NEW OR EXISTING STATE
 PROGRAMS, INCLUDING BUT NOT LIMITED TO (I) QUANTIFYING DIRECT AND  INDI-
 RECT  COSTS  ASSOCIATED  WITH  PROGRAM OR LEGISLATIVE IMPLEMENTATION AND
 MAINTENANCE, (II) ASSESSING SHORT-TERM AND LONG-TERM ECONOMIC AND SOCIAL
 BENEFITS, (III) EVALUATING FISCAL IMPACTS ON STATE,  LOCAL,  AND  TRIBAL
 GOVERNMENTS,  (IV)  IDENTIFYING  POTENTIAL  UNINTENDED  CONSEQUENCES AND
 EXTERNALITIES, (V) COMPARING PROGRAM OUTCOMES TO STATED  OBJECTIVES  AND
 PERFORMANCE  METRICS,  AND  (VI)  PROVIDING  RECOMMENDATIONS FOR PROGRAM
 EFFICIENCY OR ALTERNATIVE APPROACHES;
   B. CONDUCT REGULAR EVALUATIONS OF THE  STATE'S  BUDGET  SURPLUSES  AND
 GAPS,  AND  IN THE EVENT OF A PROJECTED SURPLUS OR GAP, THE OFFICE SHALL
 (I) ANALYZE THE SOURCES OF THE SURPLUS OR IDENTIFY THE  PRIMARY  DRIVERS
 OF THE SHORTFALL, (II) PROVIDE RECOMMENDATIONS FOR ALLOCATION OR SAVINGS
 OF  SURPLUS  FUNDS  OR PROVIDE RECOMMENDATIONS OF OPTIONS FOR ADDRESSING
 THE GAP, INCLUDING SPENDING REDUCTIONS, AND (III) ASSESS  THE  LONG-TERM
 SUSTAINABILITY  OF  THE  SURPLUS  OR  ANALYZE THE POTENTIAL ECONOMIC AND
 PROGRAMMATIC IMPACTS OF PROPOSED GAP CLOSING SOLUTIONS;
   C. CONDUCT ASSESSMENTS OF THE STATE'S FISCAL RESERVES,  INCLUDING  BUT
 NOT LIMITED TO (I) ANALYZING THE BALANCE, STRUCTURE, AND LEGAL FRAMEWORK
 OF  ALL  STATE RESERVE FUNDS, INCLUDING BUT NOT LIMITED TO THE RAINY DAY
 RESERVE FUND, TAX STABILIZATION RESERVE FUND, AND ANY  OTHER  DESIGNATED
 OR  DE  FACTO  RESERVE ACCOUNTS, (II) EVALUATING THE ADEQUACY OF CURRENT
 RESERVE LEVELS RELATIVE TO HISTORICAL STATE REVENUE  VOLATILITY,  POTEN-
 TIAL  ECONOMIC  SHOCK  SCENARIOS, AND BEST PRACTICES AND BENCHMARKS FROM
 OTHER STATES, (III) EXAMINING THE  HISTORICAL  USAGE  OF  RESERVE  FUNDS
 DURING ECONOMIC DOWNTURNS OR FISCAL EMERGENCIES, (IV) FORECASTING POTEN-
 TIAL  RESERVE  FUND  LEVELS UNDER VARIOUS ECONOMIC AND BUDGET SCENARIOS,
 AND (V) PROVIDING RECOMMENDATIONS REGARDING  THE  STATE'S  RESERVE  FUND
 STRUCTURE,  POLICIES,  OR FUNDING LEVELS TO ENHANCE FISCAL STABILITY AND
 PREPAREDNESS FOR ECONOMIC UNCERTAINTIES;
   D. CONDUCT COMPREHENSIVE ASSESSMENTS OF THE  STATE'S  DEBT  MANAGEMENT
 PRACTICES,  INCLUDING  BUT  NOT  LIMITED  TO  (I)  ANALYZING  THE  TOTAL
 OUTSTANDING DEBT PORTFOLIO AND ITS COMPOSITION, (II) EVALUATING  COMPLI-
 ANCE  WITH AND IMPLICATIONS OF THE STATUTORY DEBT LIMIT, (III) FORECAST-
 ING SHORT-TERM AND LONG-TERM DEBT SERVICE  OBLIGATIONS,  (IV)  EXAMINING
 THE  FISCAL  IMPACT AND RISKS ASSOCIATED WITH PUBLIC AUTHORITY DEBT, (V)
 ASSESSING THE STATE'S CREDIT RATINGS AND FACTORS INFLUENCING THEM,  (VI)
 COMPARING  THE  STATE'S  DEBT  METRICS  TO  NATIONAL BENCHMARKS AND PEER
 STATES, AND (VII) PROVIDING RECOMMENDATIONS FOR OPTIMIZING  THE  STATE'S
 DEBT STRUCTURE AND MINIMIZING BORROWING COSTS;
 A. 4532                             3
 
   E.  PROVIDE  CONFIDENTIAL  MEMORANDA,  BRIEFINGS  AND CONSULTATIONS ON
 CURRENT POLICY, PROPOSED LEGISLATION, INCLUDING BUDGET LEGISLATION,  AND
 OTHER POLICY ISSUES FACING THE STATE TO SENATE AND ASSEMBLY MEMBERS UPON
 REQUEST;
   F.  DELIVER  EXPERT  TESTIMONY  AND  IDENTIFY PROSPECTIVE SPEAKERS FOR
 HEARINGS HELD BY SENATE AND ASSEMBLY COMMITTEES;
   G. HOLD SEMINARS AND WORKSHOPS ON POLICY AND FISCAL ISSUES, THE LEGIS-
 LATIVE AND BUDGET PROCESS, AND OTHER TOPICS UPON REQUEST OF  MEMBERS  OF
 THE  SENATE  AND  ASSEMBLY  OR  AT THE DISCRETION OF THE DIRECTOR OF THE
 OFFICE;
   H. IDENTIFY PERTINENT SOURCE  MATERIALS  ON  STATE  POLICY  OR  FISCAL
 ISSUES UPON REQUESTS OF MEMBERS OF THE SENATE AND ASSEMBLY; AND
   I.  CONDUCT  LONG-TERM  ANALYSIS AND RESEARCH PROJECTS ON STATE POLICY
 AND FISCAL ISSUES AT THE DISCRETION OF THE DIRECTOR OR UPON THE  REQUEST
 OF THE MEMBERS OF THE ASSEMBLY AND SENATE.
   2.  THE  DIRECTOR  MAY  APPOINT  ANALYSTS,  ASSISTANTS  AND SUCH OTHER
 EMPLOYEES AS THE DIRECTOR MAY DEEM  NECESSARY  OR  DESIRABLE,  PRESCRIBE
 SUCH  EMPLOYEE'S  DUTIES AND FIX SUCH EMPLOYEE'S COMPENSATION WITHIN THE
 AMOUNTS APPROPRIATED AND MADE AVAILABLE THEREFOR.
   3. THE DIRECTOR IS AUTHORIZED TO SECURE INFORMATION, DATA,  ESTIMATES,
 AND  STATISTICS DIRECTLY FROM VARIOUS AGENCIES, DEPARTMENTS, AND OFFICES
 OF THE EXECUTIVE BRANCH OF THE GOVERNMENT. ALL  SUCH  AGENCIES,  DEPART-
 MENTS,  AND OFFICES SHALL FURNISH TO THE DIRECTOR ANY AVAILABLE MATERIAL
 WHICH THE DIRECTOR DETERMINES NECESSARY IN THE PERFORMANCE OF THE DUTIES
 AND FUNCTIONS OF THE NON-PARTISAN OFFICE OF POLICY RESEARCH  AND  FISCAL
 ANALYSIS,  PROVIDED  THAT  THE DIRECTOR MAINTAINS THE LEVEL OF CONFIDEN-
 TIALITY REQUIRED BY THE LAW OF THE AGENCY, DEPARTMENT,  OR  OFFICE  FROM
 WHICH  IT  IS  OBTAINED. THE DIRECTOR IS ALSO AUTHORIZED, UPON AGREEMENT
 WITH THE HEAD OF ANY SUCH AGENCY, DEPARTMENT, OR OFFICE TO  UTILIZE  ITS
 SERVICES, FACILITIES, AND PERSONNEL WITH OR WITHOUT REIMBURSEMENT.
   4.  A.  THE OFFICE SHALL SUBMIT A REPORT TO THE TEMPORARY PRESIDENT OF
 THE SENATE, SENATE MINORITY LEADER, THE SPEAKER OF THE ASSEMBLY,  ASSEM-
 BLY  MINORITY  LEADER,  AND  THE MEMBERS OF THE FISCAL COMMITTEES OF THE
 SENATE AND ASSEMBLY, WHICH SHALL INCLUDE THE EVALUATIONS AND ASSESSMENTS
 OF THE PROPOSED EXECUTIVE BUDGET AND QUARTERLY UPDATES TO THE  FINANCIAL
 PLAN  AS  RELEASED BY THE DIVISION OF BUDGET, AS DESCRIBED IN PARAGRAPHS
 B, D AND C OF SUBDIVISION ONE OF THIS SECTION.
   B. SUCH REPORT SHALL BE SUBMITTED ON THE FIRST OF MARCH EACH YEAR  FOR
 THE NEXT SUCCEEDING FISCAL YEAR. AFTER SUBMISSION TO THE TEMPORARY PRES-
 IDENT OF THE SENATE, SENATE MINORITY LEADER, THE SPEAKER OF THE ASSEMBLY
 AND ASSEMBLY MINORITY LEADER, SUCH REPORT SHALL BE MADE AVAILABLE TO THE
 PUBLIC, UPON REQUEST.
   C.  THE  OFFICE SHALL ALSO SUBMIT A REPORT ON THE FIRST OF DECEMBER OF
 EACH YEAR TO THE TEMPORARY PRESIDENT  OF  THE  SENATE,  SENATE  MINORITY
 LEADER,  THE  SPEAKER OF THE ASSEMBLY, AND THE ASSEMBLY MINORITY LEADER,
 WHICH SHALL INCLUDE  INFORMATION  ON  ALL  REQUESTS  RECEIVED,  SERVICES
 PROVIDED, AND A DESCRIPTION OF ALL NON-CONFIDENTIAL PRODUCTS PRODUCED BY
 THE  OFFICE.  AFTER SUBMISSION TO THE TEMPORARY PRESIDENT OF THE SENATE,
 SENATE MINORITY LEADER, THE SPEAKER OF THE  ASSEMBLY  AND  THE  ASSEMBLY
 MINORITY LEADER, SUCH REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC, UPON
 REQUEST.
   5.  A.  THE  OFFICE  SHALL  BE  FUNDED FROM LEGISLATIVE APPROPRIATIONS
 PROVIDED ANNUALLY, WITH EQUAL ALLOCATIONS PROVIDED BY THE SENATE AND THE
 ASSEMBLY AS EACH HOUSE DEEMS APPROPRIATE.
 A. 4532                             4
 
   B. THE DIRECTOR MAY PROCURE, WITHIN THE AMOUNTS APPROPRIATED AND  MADE
 AVAILABLE  THEREFOR,  UP-TO-DATE COMPUTER EQUIPMENT, OBTAIN THE SERVICES
 OF EXPERTS AND CONSULTANTS IN COMPUTER TECHNOLOGY.
   §  2.  Section 30 of the legislative law, as amended by chapter 766 of
 the laws of 2005, is amended to read as follows:
   § 30. Duties of finance and ways and means committees and  secretaries
 AND  OF  THE  NON-PARTISAN OFFICE OF POLICY RESEARCH AND FISCAL ANALYSIS
 AND ITS DIRECTOR.  The committees and their secretaries AND OF THE  NON-
 PARTISAN  OFFICE OF POLICY RESEARCH AND FISCAL ANALYSIS AND ITS DIRECTOR
 shall have access at all reasonable times to offices  of  state  depart-
 ments,  commissions, boards, bureaus and offices, to institutions and to
 all state authorities and public works of the state and  they  may,  for
 the  purpose  of  obtaining  information  as to the method of operation,
 general condition, management and  needs  thereof,  examine  the  books,
 papers  and public records therein.  Notwithstanding any other provision
 of law such state departments, commissions,  boards,  bureaus,  offices,
 state  authorities  and institutions shall through their proper officers
 or deputies furnish to such committees AND THE  NON-PARTISAN  OFFICE  OF
 POLICY RESEARCH AND FISCAL ANALYSIS such data, information or statements
 as  may  be necessary for the proper exercise of their powers and duties
 and for the purpose of carrying into effect the provisions of this arti-
 cle. The finance and ways and means committee in exercising  the  powers
 and performing the duties prescribed by this article may act jointly, or
 separately, as they deem advisable.
   § 3. This act shall take effect immediately.