N.Y. Comp. Codes R. & Regs. tit. 19 § 815.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 815.2 - Definitions

As used in this Part, the following words and terms shall have the stated meaning:

(a) Consolidation means two or more adjoining towns in the same county consolidated as one town pursuant to article 5-B of the Town Law; two or more adjoining villages consolidated as one village pursuant to article 18 of the Village Law; two or more school districts consolidated as one district pursuant to article 31 of the Education Law or; consolidation of two or more special improvement districts, water or sewer authorities, or fire or library districts.

(b) Cooperative agreement means an agreement entered into by two or more municipalities pursuant to article 5-G of the General Municipal Law or other authorizing statutes for the performance among themselves or one for the other of their respective functions, powers and duties on a contract or cooperative basis.

(c) Dissolution means the dissolution of a town pursuant to article 5-A of the Town Law; the dissolution of a village pursuant to article 19 of the Village Law; or the dissolution of a school district pursuant to the Education Law.

(d) Efficiency implementation grant means a competitive grant to two or more municipalities to cover costs associated with consolidations, mergers, dissolutions, cooperative agreements and shared services, where demonstrable financial savings would result.

(e) Functional consolidation means one municipality completely providing a service or function for another municipality, which no longer engages in that service or function.

(f) General efficiency planning grant means a competitive grant to two or more municipalities to cover costs associated with plans and studies, which shall include an examination of potential financial savings and management improvements, for potential functional consolidation or shared services involving two or more municipalities.

(g) High priority planning grant means a grant to provide funding for plans and studies, which shall include an examination of the potential savings and management improvements, for:

(1) a single municipality to conduct a city or county charter revision which includes functional consolidation or increased shared services;

(2) a single village to study village dissolution;

(3) to two or more municipalities for mergers, consolidations and dissolutions;

(4) to two or more municipalities for shared services or transfer of functions to be performed on a countywide basis;

(5) to two or more municipalities for conducting services on a multi-county or regional basis;

(6) additional types of grants as may be identified by the Secretary of State, in consultation with the Commission on Local Government Efficiency and Competitiveness, and included in a request for applications.

(h) Merger means the transfer of functions, powers or duties of a city, town or village within the same county, to each other or to the county, pursuant to the Alternate County Government Law or pursuant to any other legislative authority which may be enacted after the effective date hereof for such transfers of functions, powers or duties or for the merger of a county, city, town or village with any of such other units of local government.

(i) Municipality mean counties, cities, towns, villages, special improvement districts, fire districts, library districts, water authorities, sewer authorities, regional planning and development boards, school districts, and boards of cooperative educational services; provided, however, that for the purposes of this definition, a board of cooperative educational services shall be considered a municipality only in instances where such board of cooperative educational services advances a joint application on behalf of school districts and other municipalities within the board of cooperative educational services region; provided, however, that any agreement with a board of cooperative educational services:

(1) shall not generate additional state aid;

(2) shall be deemed not to be a part of the program, capital and administrative budgets of the board of cooperative educational services for the purposes of computing charges upon component school districts pursuant to subparagraph seven of paragraph b of subdivision four of section 1950 and subdivision one of section 1950 and subdivision one of section 1951 of the Education Law;

(3) shall be deemed to be a cooperative municipal service for purposes of subparagraph two of paragraph d of subdivision four of section 1950 of the Education Law.

(j) Secretary means the New York State Secretary of State.

(k) Commission on local government efficiency and competitiveness means the Commission on Local Government Efficiency and Competitiveness created by Executive Order No. 11 of 2007 or its successor organization.

(l) Shared services means the joint provision, performance or delivery of a service, facility, activity, project or undertaking by two or more municipalities which each may lawfully undertake separately.

(m) Twenty-first century demonstration grant means a competitive grant approved under a plan developed by the Secretary in consultation with the Commission on Local Government Efficiency and Competitiveness and approved by the Director of the Budget to municipalities to cover costs associated with a functional consolidation or shared services agreement with great potential to achieve financial savings and serve as a model for other municipalities, including, but not limited to, the consolidation of services on a multi-county basis, the consolidation of certain services countywide as identified in a plan, the creation of a regional entity empowered to provide multiple functions on a countywide or regional basis, the creation of a regional or city-county consolidated municipal government, the consolidation of school districts or supporting services for school districts encompassing the area served by a Board of Cooperative Educational Services, or the creation of a regional smart growth compact or program.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 815.2