NY Gen Mun L § 239-BB (2021)
2021 New York Laws GMU - General Municipal Article 12-I - County-Wide Shared Services Panels 239-BB - County-Wide Shared Services Panels.

§  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 not included in a previously 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,  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.   * NB Effective February 1, 2022