In addition to reviewing mandates on local governments/school districts identified by members of the Council, the Council shall also review mandates identified by local governments/school districts. Local governments/school districts that would like the Council to review a mandate should follow the instructions and complete the form below.
Please note that this form is only to be completed by authorized local government/school district officials after their governing boards have adopted resolutions requesting that a mandate be reviewed. Requests need a resolution in order to be reviewed.
In order to request that the Council review a mandate, the governing board of a local government/school district must adopt a resolution asking the Council to review a specific statute, regulation, rule, or order of state government and determine whether it is an “unfunded mandate or is otherwise unsound, unduly burdensome or costly so as to require it to be eliminated or reformed.”
The law does not place any additional requirements on the resolution, but each local government/school district is limited to making no more than three review requests in each calendar year.
Mandate Review Request Form
In addition to submitting its resolution, the local government/school district should also complete and submit the Mandate Review Request Form below to aid the Council in its review of the mandate.
In completing the form, the local government/school district should provide as much detail as possible on the mandate so that the Council can evaluate whether the mandate is being imposed on the local government/school district in an “unsound, unduly burdensome or costly manner so as to necessitate that it be eliminated or reformed.” A critical component of this is the estimated savings from the recommended change, which the local government/school district should estimate using reasonable assumptions that are fully described in the form. If there is insufficient space on the form, further documentation may be attached.
The local government/school district should also provide a point of contact that the Council or its staff could contact to request further information on the mandate.
The Council is to consider public comment on the mandates that it reviews. As such, the local government/school district’s resolution, the Mandate Review Request Form, excluding contact information, and any accompanying information submitted by the local government/school district may be posted on the Mandate Relief Council’s website or otherwise be made public as part of this process.
Mandates Outside of the Council’s Jurisdiction
Although the Council is empowered to review and direct changes to many mandates, the law does restrict it from directing changes to certain mandates. If a local government/school district requests to have such a mandate reviewed, the Council is prohibited from taking action to change the mandate.
For regulatory mandates, the Council is only allowed to review and direct changes to regulations, rules, or orders of state agencies that are under the direction or control of the Governor. It does not have the authority to review and direct regulatory changes for independent agencies, such as the State Education Department or the Office of the State Comptroller.
The Council is also prohibited from directing changes to any mandates that:
- Are required to comply with federal laws or rules or to meet eligibility standards for federal entitlements;
- Reapportion costs of activities between boards of education, counties, and municipalities;
- Implement provisions of the State Constitution; or
- Are necessary for the maintenance of the public health or safety of the people of New York State.
Action on Unsound, Unduly Burdensome, or Costly Mandates
If the Council determines by majority vote that a mandate is imposed on any local government/school district in an “unsound, unduly burdensome or costly manner so as to necessitate that it be eliminated or reformed,” the Council may take the following actions:
- Refer a regulation for petition by the local government/school district for a waiver, modification, or repeal pursuant to the State Administrative Procedure Act §204-a. The State Administrative Procedure Action §204-a allows a local government/school district to petition a state agency to allow for an alternative method for implementing a regulatory mandate. The state agency to which the local government/school district would be petitioning is required to provide technical assistance and support for the local government in preparing and submitting the petition.
- Upon a two-thirds vote, refer a regulation to the Governor for repeal or modification. The Governor then has 60 days to direct the state agency to repeal or modify the regulation through the regulatory procedures required by law.
- Upon a vote of seven members, refer a statute to the Governor for repeal or modification. The Governor then has 60 days to prepare a Governor’s program bill, for introduction in both houses of the Legislature, to repeal or modify the statute.
Note: This form, excluding contact information, and any accompanying information submitted may be posted on the Mandate Relief Council website or may otherwise be made public as part of the Council’s deliberations.