2012 New York Consolidated Laws
EXC - Executive
Article 24 - (650 - 666) OFFICE OF EMPLOYEE RELATIONS
666 - Mandate relief council.

 
    * §  666.  Mandate  relief council. 1. Definitions. a. "Mandate" means
  any requirement that  a  local  government  perform  or  administer  any
  program,  project  or  activity,  required  or imposed by a state law or
  state agency that requires a higher level of  service  for  an  existing
  local government program, project or activity.
    b.  "Local  government"  means  a  county, city, town, village, school
  district, or special district.
    c. "State agency" or "agency"  means  any  state  agency,  department,
  office,  board, bureau, division, committee, council or office under the
  direction or control of the executive.
    2.  Mandate  relief  council.  There  is  hereby  created  within  the
  executive   department  the  mandate  relief  council,  which  shall  be
  comprised of eleven members as follows: the secretary to  the  governor,
  who  shall  chair the council, the counsel to the governor, the director
  of the division of  the  budget,  the  secretary  of  state,  and  three
  additional members to be appointed by the governor from among his or her
  executive  chamber  staff,  two members to be appointed by the temporary
  president of the senate, and two members to be appointed by the  speaker
  of the assembly.
    a.  Six  members of the council, or their designees in the case of the
  director of the division of the budget and the secretary of state, shall
  constitute a quorum.
    b. The council shall meet regularly upon the call of its chair and  as
  frequently as its business may require. The members of the council shall
  serve  without  compensation  but  shall receive reimbursement for their
  reasonable and necessary expenses.
    c. The council shall, upon request of a local government or one of the
  members of the  council,  identify  and  review  mandates  that  can  be
  eliminated  or  reformed,  and  make  such  other and further inquiries,
  reports and recommendations  as  the  council  may  deem  necessary  and
  prudent  to effectuate its mission of mandate relief. In identifying and
  determining whether such mandates  are  unsound,  unduly  burdensome  or
  costly, the council shall receive and consider public comment about them
  and shall review them in light of cost-benefit principles and such other
  and further factors as the council shall deem necessary and prudent. The
  council  shall  not  make  a  referral to the governor that a mandate be
  eliminated or reformed regarding any of the following mandates:
    (i) those which are required to comply with federal laws or  rules  or
  to meet eligibility standards for federal entitlements;
    (ii) those which reapportion the costs of activities between boards of
  education, counties, and municipalities;
    (iii) those which implement provisions of the state constitution; and
    (iv)  those  which  the  council  determines  are  necessary  for  the
  maintenance of the public health or safety of the  people  of  New  York
  state.
    d.  All votes of the council, and all deliberations and reports of its
  proceedings shall be open to the public pursuant to article seven of the
  public officers law.
    3. Council actions on regulatory mandates. Upon a determination that a
  mandate in any regulation, rule or order of any state  agency  has  been
  imposed  upon  any  local government in an unsound, unduly burdensome or
  costly manner so as to necessitate that it be  eliminated  or  reformed,
  the council shall have the power to:
    a.  refer  a  request  by  a  local  government  for  a review of such
  regulatory mandate, for petition by such local government for a  waiver,
  modification  or  repeal  of such regulatory mandate pursuant to section
  two hundred four-a of the state administrative  procedure  act.  In  the
  event  the  council  votes  to  make  such referral on behalf of a local

  government, the state agency that is charged with reviewing the petition
  shall provide the  technical  assistance  and  support  for  such  local
  government  to  properly  prepare and submit such petition. In the event
  that  such  state  agency reviewing the petition of the local government
  pursuant to section two  hundred  four-a  of  the  state  administrative
  procedure  act  does  not  provide  the  remedy  sought  by  such  local
  government, the council may hear and consider an appeal of such decision
  and grant such relief as it deems appropriate, including the making of a
  referral to the governor for the waiving, modifying or repealing of such
  regulatory mandate. The council shall adopt procedures by which it shall
  consider, decide and effectuate the remedies of such appeals  consistent
  with this section.
    b.  upon  a  two-thirds  vote,  refer a regulation to the governor for
  repeal or modification, where the council has previously determined that
  such regulation imposes upon  any  local  government  a  mandate  in  an
  unsound,  unduly  burdensome or costly manner, so as to necessitate that
  it be eliminated or reformed. Upon  receipt  of  such  referral  by  the
  council,  the  governor shall within sixty days, direct the state agency
  responsible  for  the  promulgation,  repeal  or  modification  of  such
  regulation  to  effectuate such repeal or modification of the regulation
  pursuant to the procedures that such agency would otherwise be  required
  to  follow  under  the  law, had such agency on its own accord sought to
  repeal or modify the regulation.
    4. Council actions on statutory mandates. The council may, upon a vote
  of seven members,  refer  a  statute  to  the  governor  for  repeal  or
  modification,  where  the  council  has  previously determined that such
  statute imposes upon any local  government  a  mandate  in  an  unsound,
  unduly  burdensome  or  costly  manner,  so as to necessitate that it be
  eliminated or reformed. Upon receipt of the referral by the council, the
  governor, within sixty days, shall have prepared  a  governor's  program
  bill,  for introduction in both houses of the legislature, to effectuate
  such repeal or modification of the statute.
    5. Local government request. A local government may, by resolution  of
  its  governing  body,  ask  the  council  to  review a specific statute,
  regulation, rule or order of state government to determine whether  such
  statute,  regulation,  rule  or order of state government is an unfunded
  mandate or is otherwise unsound, unduly burdensome or costly  so  as  to
  require  that it be eliminated or reformed. No local government may make
  more than three such requests in each calendar year. Upon  such  review,
  the  council shall, by majority vote, determine whether such mandate has
  been imposed upon such local government in an unsound, unduly burdensome
  or costly manner,  so  as  to  necessitate  that  it  be  eliminated  or
  reformed.  A  determination  of  the  council  shall resolve any dispute
  regarding whether such a statute, regulation, rule or order  constitutes
  such   an   unfunded  mandate,  but  shall  not  be  deemed  a  judicial
  determination under the law.
    6. Appeals. Upon an appeal of a petition previously decided by a state
  agency  pursuant  to  section  two   hundred   four-a   of   the   state
  administrative  procedure  act,  the  council, upon request of the local
  government, shall  review  the  state  agency's  determination  and  may
  affirm,  modify  or  reject  such  determination.  Such appeal shall not
  preclude or limit a local government or any other  party  with  standing
  from  pursuing any right it may have pursuant to a proceeding instituted
  in accordance with the provisions of article seventy-eight of the  civil
  practice law and rules or any other statute.
    7.  Reports.  The  council  shall  by  December fifteenth of each year
  report to the governor and legislature  regarding  its  activities,  and
  regarding  the  issues, statutes, regulations, rules and orders which it

  reviewed, examined, proposed, referred, and/or considered. Such reports,
  which shall be adopted upon a  majority  vote  of  the  members  of  the
  council,  or their designees in the case of the director of the division
  of  the  budget  or  the  secretary of state. All reports of the council
  shall be posted on a publicly accessible website.
    8. Assistance of other agencies. To effectuate the  purposes  of  this
  section,  any state agency shall, at the request of the council, provide
  to the council such facilities, assistance and data as will  enable  the
  council to properly carry out its responsibilities and duties.
    * NB  Effective until January 1, 2015 or upon departure from office of
  the 56th Governor, whichever comes first