Resolutions 2020 NYSAC Legislative Conference - Hon. Jack F. Marren, President
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2020 NYSAC Legislative Conference Resolutions Albany County, New York January 27- 29, 2020 Hon. Jack F. Marren, President Stephen J. Acquario, Executive Director 1
2020 NYSAC Legislative Conference Resolutions Table of Contents Standing Committee on Agriculture & Rural Affairs .................................... 4 Resolution to Support Funding for Farmland Preservation and Agriculture Local Assistance Programs .... 5 Calling on the State of New York to Study and Find Solutions to the Growing Invasive Eurasian Boar Population ............................................................................................................................................................ 7 Standing Committee on Children with Special Needs .................................. 9 Resolution Requesting the State Legislature to Change the Title of Chapter 23 of the Laws of 1989 from the Preschool Program for Children with Handicapping Conditions to the Preschool Program for Children with Disabilities ................................................................................................................................................. 10 Resolution Urging the Department of Health and the Division of Budget to Require Providers to Maximize Reimbursement from All Third-Party Payers ...................................................................................................11 Resolution Urging New York State to Permanently Extend the Medicaid Managed Care Carveout and Expand the Grant Funding Pool for School-Based Health Centers ................................................................ 13 Resolution Urging the Governor and State Legislature to Adjust the Early Intervention Rate Structure to Improve Access to these Services for Children Who Live in Poverty and Rural Areas ................................. 15 Resolution Urging the New York State Bureau of Early Intervention to withdraw SPA#18-0017 until a Task Force of the Early Intervention Coordinating Council is Created ......................................................... 16 Resolution Urging the Governor and State Legislature to Expand the 2019-2020 Five Percent Rate Increase for Targeted Providers to Ensure Inclusivity of all Early Intervention Service Providers ............. 18 Standing Committee on Economic Development, Environment & Energy . 19 Resolution in Support of S.5655 (Metzger)/A.7561-A (Woerner) to Increase the Rebate for the Purchase of Electric Vehicles ................................................................................................................................................ 20 Standing Committee on Intergovernmental Affairs ................................... 21 Resolution Urging Governor Andrew M. Cuomo and the State Legislature to Continue the Funding Commitment for all Costs Associated with Early Voting Reforms Implemented at the County Level ........ 22 Resolution Applauding Efforts to Allocate State Resources and Funding to Counties for Promoting a Full 2020 Census Count ........................................................................................................................................... 23 Urging the Governor and State Legislature to Pass Legislation that Allows School Districts to Permit Home-schooled Students to Participate in District Interscholastic Sports....................................................24 Resolution Urging the Governor and State Legislature to Make Investments in Veteran Services .............26 Standing Committee on Medicaid and Human Services Resolutions ........ 28 Resolution Calling on the Governor and New York State Legislature to Preserve the Zero Percent Medicaid Growth Cap for All Counties and New York City .............................................................................................29 Resolution Urging the Governor and Legislature to Make Permanent Housing the Central Focus of Its Homelessness Prevention Goals ....................................................................................................................... 31 Resolution Calling on the Governor and State Legislature to Not Shift More Costs to Counties and New York City for State Controlled Non-Health Care Related Social Service Programs ...................................... 33 2
Standing Committee on Native American Affairs & Gaming ...................... 35 Resolution Calling on the State to Equitably Distribute Gaming Revenue to all New York Counties.......... 36 Standing Committee on Public Employee Relations .................................. 38 Resolution Calling Upon the Governor and the New York State Legislature to Refrain from Enacting New Public Employee Benefits Mandates ................................................................................................................ 39 Standing Committee on Public Health & Mental Health ............................ 41 Protecting New York State’s Public Water Supply from Harmful Contaminants by Increasing Funding to County Drinking Water Enhancement Grants ................................................................................................42 Resolution in Support Increasing Funding Levels for Local Public Health Programs ..................................44 Standing Committee on Public Safety ........................................................ 45 Resolution in Support of State Legislation Addressing the Volunteer Firefighter and EMS Recruitment and Retention Crisis ..........................................................................................................................................46 Resolution in Support of Funding for Hazardous Dam Remediation ............................................................49 Resolution in Support of Efforts to Improve Probation and Alternatives to Incarceration In New York State in Order to Protect the Public and Reduce Reliance on Prisons, Jails and Detention ......................... 51 Standing Committee on Taxation & Finance .............................................. 53 Resolution Calling on the Governor and State Legislative Leaders to Provide Counties with Permanent Local Authority Over Existing Sales Tax Rates ................................................................................................ 54 Resolution in Opposition to State Legislative Proposals that Undermine the Careful Balance that Exists in State Law Related to the Tax Foreclosure Process in New York State ........................................................... 56 Resolution Urging Governor Andrew M. Cuomo and the State Legislature to Continue to Support the Repeal or Modification of Federal Cap on the Deductibility of State and Local Taxes and Engage the New York State Congressional Delegation to Support These Efforts in 2020 .......................................................58 Standing Committee on Transportation & Public Works ........................... 60 Calling on the State to Provide a New, Robust 2-Year Capital Program that Recognizes the State Funding Needs of Locally Owned Transportation Infrastructure ................................................................................. 61 Urging the Governor and State Legislature to Increase State Operating Assistance and Capital Support for Transit Systems Owned by Counties, as Well as All Transit Systems in Urban and Rural Areas Throughout the State.............................................................................................................................................................. 63 Resolution Urging State Action on a Chapter Amendment to Assure Effective Control of Wildlife Populations at Airports ..................................................................................................................................... 65 3
2020 NYSAC Legislative Conference Albany County, NY Standing Committee on Agriculture & Rural Affairs Hon. Douglas Berwanger (Wyoming County) – Chair Hon. Terry Wilbur (Oswego County) – Vice Chair Hon. Paul Ruszkiewicz (Orange County) – Vice Chair 1 4
1 2020 NYSAC Legislative Conference 2 Standing Committee on Agriculture & Rural Affairs 3 Resolution #1 4 Resolution to Support Funding for Farmland Preservation and Agriculture 5 Local Assistance Programs 6 WHEREAS, the agriculture industry remains a top contributor to the New York State 7 economy, providing critical jobs, revenues and food for our residents in state and 8 beyond; and 9 WHEREAS, the enacted 2019/20 budget allocated $20 million to farmland protection 10 and $33,243,000 to agriculture local assistance programs; and 11 WHEREAS, the Governor’s 2020/21 proposed budget, released on January 21, 12 allocated $20 million to farmland preservation and $27,408,000 to agriculture local 13 assistance programs; and 14 WHEREAS, New York’s farmland protection and agriculture assistance programs help 15 sustain this vital industry; and 16 WHEREAS, while funding for farmland protection and agriculture assistance has 17 grown, there is no guarantee that this level of funding will be continued in future years; 18 and 19 WHEREAS, more than 30 percent of the farmers in New York State, who cultivate two 20 million acres of land, are 65 years of age or older; and 21 WHEREAS, research shows that over 90 percent of these senior farmers do not have a 22 young farmer working alongside them to help manage their business; and 23 WHEREAS, farmland in transition is most vulnerable to being sold out of farming; and 24 WHEREAS, access to affordable land suitable to starting a new farm operation is the 25 number one barrier new and beginning farmers face when trying to get started; and 26 WHEREAS, there were 30 percent fewer young farmers in New York in 2012 than in 27 2002; and 28 WHEREAS, farmland protection is an important contributor to successful farmland 29 transition and affordable farmland access. 30 NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of 31 Counties (NYSAC) calls upon Governor Andrew M. Cuomo and New York State 32 Legislature to continue New York’s commitment to local farms and the agricultural 5
1 sector by maintaining funding for farmland protection from the State Environmental 2 Protection Fund at $20 million and agriculture local assistance programs at 3 $33,243,000 in the FY 2020/21 budget; and 4 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 5 of New York State encouraging member counties to enact similar resolutions; and 6 BE IT FURTHER RESOLVED, that NYSAC shall forward copies of this resolution to 7 Governor Andrew M. Cuomo, the New York State Legislature, the Commissioner of 8 Agriculture and Markets, and all others deemed necessary and proper. 6
1 2020 NYSAC Legislative Conference 2 Standing Committee on Agriculture & Rural Affairs 3 Resolution #2 4 Calling on the State of New York to Study and Find Solutions to the Growing 5 Invasive Eurasian Boar Population 6 WHEREAS, Eurasian boar, otherwise known as feral swine/pig or wild boar is an 7 invasive species that causes prolific damage to the agriculture crops, wildlife, local 8 ecosystems, including water supplies; and 9 WHEREAS, the damage to farming land by the Eurasian boar can be long lasting as 10 they not only consume the crop, but will also unearth and eat the root of the plants; and 11 WHEREAS, the Eurasian boar is considered by experts to be the country’s most 12 destructive invasive species causing an estimated $1.5 billion to $2.5 billion in annual 13 damage in the U.S. alone; and1 14 WHEREAS, while a common misperception is that the Eurasian boar can only 15 proliferate in southern states, they are in fact common in New York, especially in the 16 Southern Tier; and2 17 WHEREAS, the Eurasian boar population appears to be spreading more towards the 18 Northeastern State’s such as New York, and will only add to the need to address this 19 issue; and3 20 WHEREAS, the state has already put in place some laws to slow the Eurasian boar 21 population increase, including making it illegal to import, possess, sell, distribute, trade, 22 breed, or release them within New York State; and 23 WHEREAS, however, even with these State restrictions the population continues to 24 increase, signaling more must be done. 25 NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of 26 Counties (NYSAC) does hereby call on the Governor and State Legislature to provide a 27 directive and funding to the State DEC to further study and provide solutions for the 28 growing Eurasian boar population problem; and 1 December 16, 2019 New York Times Article- “Feral Pigs Roam the South. Now Even Northern States Aren’t Safe” https://www.nytimes.com/2019/12/16/science/feral-pigs-canada-texas.html 2 Id 3 Id 7
1 BE IT FURTHER RESOLVED, one such solution should be to provide local 2 resources and home rule authority to regions being hardest hit by this invasive species; 3 and 4 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 5 of New York State encouraging member counties to enact similar resolutions; and 6 BE IT FURTHER RESOLVED, the New York State Association of Counties shall 7 forward copies of this resolution to Governor Andrew M. Cuomo, the New York State 8 Legislature and all others deemed necessary. 8
2020 NYSAC Legislative Conference Albany County, New York Standing Committee on Children with Special Needs Lisa Chester, Niagara County, Chair Rita Wood, Ulster County, Vice–Chair Elizabeth O’Neil, Albany County, Vice–Chair Dr. Wanda McQueen, Orange County, Vice–Chair 9
1 2020 NYSAC Legislative Conference 2 NYSAC Standing Committee on Children with Special Needs 3 Resolution #1 4 Resolution Requesting the State Legislature to Change the Title of Chapter 5 23 of the Laws of 1989 from the Preschool Program for Children with 6 Handicapping Conditions to the Preschool Program for Children with 7 Disabilities 8 WHEREAS, Chapter 23 of the Laws of 1989, titled “Preschool Program for Children 9 with Handicapping Conditions” does not appropriately address this population within 10 New York State; and 11 WHEREAS, a more suitable name for this program should remove the word 12 handicapping and replace it with “disabilities.” 13 NOW, THEREFORE, BE IT RESOLVED, the New York State Association of 14 Counties (NYSAC) calls on the Governor and the State of New York to amend the title of 15 this statute from “the Preschool Program for Children with Handicapping Conditions” 16 to “the Preschool Program for Children with Disabilities;” and 17 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 18 of New York State encouraging member counties to enact similar resolutions; and 19 BE IT FURTHER RESOLVED, the New York State Association of Counties shall 20 forward copies of this resolution to Governor Andrew M. Cuomo, the New York State 21 Legislature and all others deemed necessary. 10
1 2020 NYSAC Legislative Conference 2 NYSAC Standing Committee on Children with Special Needs 3 Resolution #2 4 Resolution Urging the Department of Health and the Division of Budget to 5 Require Providers to Maximize Reimbursement from All Third-Party 6 Payers 7 WHEREAS, prior to 2013, counties funded 100% of the cost of the state’s Early 8 Intervention Program and then sought reimbursement beginning in the following 9 county fiscal year as required under state law; and 10 WHEREAS, the state implemented a State Fiscal Agent administrative model in April 11 2013 that centralized billing and contracting at the state level, rather than at the county 12 level; and 13 WHEREAS, the State Fiscal Agent used their own administrative and reimbursement 14 information technology system to collect funds from counties and make payments to 15 providers due to limitations with the New York State Department of Health’s Early 16 Intervention System (NYEIS); and 17 WHEREAS, recent problems have arisen under the State Fiscal Agent platform related 18 to service providers filing for payment from insurance companies in the first instance as 19 the law requires providers, service coordinators and the state fiscal agent when insurers 20 ask for more information; and 21 WHEREAS, any extensive delay in providing such information to insurance companies 22 can result in a denial by the insurance company due to untimely filing, causing these 23 claims to fall to the state and counties to pay; and 24 WHEREAS, we continue to support proposals from the Governor that prioritize and 25 require providers to enforce current insurance regulations regarding payment of Early 26 Intervention service claims in an attempt to increase commercial insurance collections; 27 and 28 WHEREAS, the State has implemented health insurance benefit changes in its Child 29 Health Plus program that will likely reduce third party billing opportunities, resulting in 30 higher costs for counties in the Early Intervention Program; and 31 WHEREAS, under the statewide fiscal agent model counties remain concerned about 32 program integrity efforts pursued by the fiscal agent and the Department of Health 33 (DOH) through audits, and believe that third party collections are not being maximized 34 based on the increasing drawdown of funds out of the escrow for many counties far in 35 excess of what has been budgeted or caseload changes suggest should be the case; and 36 WHEREAS, while counties have been advised by DOH that they can pursue their own 37 audits and collections to ensure program integrity, counties have no effective 38 mechanism under the law, or leverage with providers or the State Fiscal Agent, to 11
1 recoup any audit findings as counties do not hold the provider contracts or have the 2 ability to withhold payments as a way to recoup funds. 3 NOW, THEREFORE, BE IT RESOLVED, the New York State Association of 4 Counties (NYSAC) calls on the Governor and the State Legislature to implement policies 5 and procedures to ensure that provider claims are filed in a timely manner to 6 commercial insurance providers and Medicaid; and 7 BE IT FURTHER RESOLVED, we also ask that as part of these system enhancement 8 proposals, Medicaid revisit the Retro Re-Billing Process where the State identifies all 9 claims that the counties and state pay including but not limited to waivered services and 10 resubmit those to Medicaid to identify if a child's coverage changed. We ask that 11 Medicaid instead pay the claims in first instance, so that counties don’t have to pay 12 upfront and then receive these monies many years later; and 13 BE IT FURTHER RESOLVED, the State Fiscal Agent must implement systematic 14 changes to the billing system to track claims and, as outlined in the Governor’s Budget 15 for 2016-17, ensure the state’s fiscal agent help providers exhaust all appeals in a timely 16 manner before moving on to the next payer of record; and 17 BE IT FURTHER RESOLVED, the State should carefully review all benefit changes 18 in state supported public health insurance programs such as Medicaid and Child Health 19 Plus to ensure new costs are not shifted to county public health programs when current 20 benefits are eliminated or modified; and 21 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 22 of New York State encouraging member counties to enact similar resolutions; and 23 BE IT FURTHER RESOLVED, the New York State Association of Counties shall 24 forward copies of this resolution to Governor Andrew M. Cuomo, the New York State 25 Legislature and all others deemed necessary. 12
1 2020 NYSAC Legislative Conference 2 NYSAC Standing Committee on Children with Special Needs 3 Resolution #3 4 Resolution Urging New York State to Permanently Extend the Medicaid 5 Managed Care Carveout and Expand the Grant Funding Pool for School- 6 Based Health Centers 7 WHEREAS, 20 Counties and New York City operate 255 school-based health centers 8 across the state, serving over 200,000 students; and 9 WHEREAS, school-based health centers provide cost-effective comprehensive primary 10 medical care, dental, vision and mental health services at no out-of-pocket cost to all 11 students, regardless of insurance status; and 12 WHEREAS, school-based health centers increase access to health care, prevent 13 unnecessary hospitalizations, and reduce emergency room visits; and 14 WHEREAS, school-based health centers are a vehicle for eliminating racial, ethnic, 15 and economic health disparities in the communities that they serve and foster health 16 equity in low-income communities and communities of color; and 17 WHEREAS, the carveout for all school-based health centers from a move to 18 mandatory Medicaid Managed Care health care delivery model expires in January 2021; 19 and 20 WHEREAS, the state fiscal year 18 budget reduced State grant funding to school-based 21 health centers by 20 percent statewide, and over 60 percent for individual school-based 22 health center sponsors; and 23 WHEREAS, the state fiscal year 2020 budget restored nearly all of these cuts, but 24 previous funding cuts and grant pool consolidations have left school-based health 25 centers operating with less funds than in prior years; and 26 WHEREAS, some school-based health centers have been forced to close due to 27 financial constraints; and 28 WHEREAS, without a permanent carveout from Medicaid managed care, inadequate 29 managed care capitation rates will result in funding shortfalls and leave many school- 30 based health centers’ costs uncovered; and 31 WHEREAS, it is estimated that the transition to Medicaid Managed Care will result in 32 a loss of over $16 million in funds to these centers, which could force a reduction in 33 essential services, and the closure of these vital service locations in the neighborhoods 34 that need them the most; and 35 WHEREAS, in the event of closure of school-based health centers, in order to ensure 36 continued provision of health services mandated by law, counties and New York City 13
1 would be required, at a substantial cost, to provide nurses and equivalent staff at every 2 school. 3 NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of 4 Counties (NYSAC) calls on the State to maintain their commitment to school-based 5 health centers, permanently extend their carveout from Medicaid Managed Care, and 6 maintain funding levels in the grant pool at fiscal year 2020 levels; and 7 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 8 of New York State encouraging member counties to enact similar resolutions; and 9 BE IT FURTHER RESOLVED, the New York State Association of Counties shall 10 forward copies of this resolution to Governor Andrew M. Cuomo, the New York State 11 Legislature and all others deemed necessary. 14
1 2020 NYSAC Legislative Conference 2 Standing Committee on Children with Special Health Care Needs 3 Resolution # 4 4 Resolution Urging the Governor and State Legislature to Adjust the Early 5 Intervention Rate Structure to Improve Access to these Services for 6 Children Who Live in Poverty and Rural Areas 7 WHEREAS, the structure of the Early Intervention rate methodology promotes 8 inequitable availability of Early Intervention services across the state; and 9 WHEREAS, because Early Intervention rates are set for entire counties, and there are 10 no requirements in the New York State Early Intervention Provider Agreement for 11 providers to serve the entire county that they have identified in their catchment area, 12 providers are free to choose which neighborhoods to provide Early Intervention services 13 in; and 14 WHEREAS, since the rates are flat across each county, there is no incentive for 15 providers to serve children in poverty, children who live in rural areas, or communities 16 of color. 17 NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of 18 Counties calls on the Governor and State Legislature to allocate State funding for a 10% 19 rate increase for services provided to children in zip codes where the percentage of the 20 population below poverty is 15% or higher; and in rural areas; and 21 BE IT FURTHER RESOLVED, that any provider rate increase will be administered 22 using State funding to ensure localities are not subject to additional EI program 23 expenses; and 24 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 25 of New York State encouraging member counties to enact similar resolutions; and 26 BE IT FURTHER RESOLVED, the New York State Association of Counties shall 27 forward copies of this resolution to Governor Andrew M. Cuomo, the New York State 28 Legislature and all others deemed necessary. 15
1 NYSAC 2020 Legislative Conference 2 Standing Committee on Children with Special Needs 3 Resolution #5 4 Resolution Urging the New York State Bureau of Early Intervention to 5 withdraw SPA#18-0017 until a Task Force of the Early Intervention 6 Coordinating Council is Created 7 WHEREAS, the Early Intervention Program in New York State serves infants and 8 toddlers having or suspected of having a developmental or a diagnosed physical or 9 mental condition that has a high probability of resulting in a development delay; and 10 WHEREAS, the infant or toddler is referred to the local Early Intervention Program as 11 defined in Public Health Law Title II-A of Article 25 and set forth in 10 NYCRR section 12 69.3; and 13 WHEREAS, the county requires the Early Intervention official to promptly assign an 14 Initial Service Coordinator; and 15 WHEREAS, the Initial Service Coordinator then performs all billable and non-billable 16 activities relative to regulatory requirements; and 17 WHEREAS, the family selects an Ongoing Service Coordinator from a list provided 18 them by the Early Intervention Office at the time of the Individualized Family Service 19 Plan meeting; and 20 WHEREAS, the Ongoing Service Coordinator performs all billable and non-billable 21 activities relative to the regulatory requirements of that title; and 22 WHEREAS, the State Plan Amendment #18-0017 changed the payment methodology 23 for service coordination services from an hourly rate billed in 15-minute increments to 24 two separate fixed rates for Initial Service Coordination and a monthly fixed rate for 25 Ongoing Service Coordination; and 26 WHEREAS, payment will be made based on meeting minimum time requirements; 27 and 28 WHEREAS, no payment will be made if minimum requirements are not met; and 29 WHEREAS, counties were not involved in the decision to move service coordination 30 functions to fixed rates; and 31 WHEREAS, initial review of both Initial Service Coordination and Ongoing Service 32 Coordination time spent on billable services indicate that it will be difficult to meet the 33 minimum time requirements. 16
1 NOW, THEREFORE, BE IT RESOLVED, the New York State Bureau of Early 2 Intervention (BEI) withdraw SPA#18-0017 until a Task Force of the Early Intervention 3 Coordinating Council is created; and 4 BE IT FURTHER RESOLVED, that Task Force will be comprised of all stakeholders 5 to include parents, providers, municipality and BEI staff; and 6 BE IT FURTHER RESOLVED, that the Task Force review current data in NYEIS and 7 early intervention billing relative to initial and ongoing service coordination to 8 determine an average of minimum time spent providing these billable services; and 9 BE IT FURTHER RESOLVED, that the Task Force make recommendations to BEI 10 on realistic minimum time requirements for these billable coordination services; and 11 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 12 of New York State encouraging member counties to enact similar resolutions; and 13 BE IT FURTHER RESOLVED, the New York State Association of Counties shall 14 forward copies of this resolution to Governor Andrew M. Cuomo, the New York State 15 Legislature and all others deemed necessary. 17
1 2020 NYSAC Legislative Conference 2 Standing Committee on Children with Special Health Care Needs 3 Resolution # 6 4 Resolution Urging the Governor and State Legislature to Expand the 2019- 5 2020 Five Percent Rate Increase for Targeted Providers to Ensure 6 Inclusivity of all Early Intervention Service Providers 7 WHEREAS, Early Intervention (EI) therapists, service coordinators, teachers 8 and evaluators provide crucial services to children with disabilities and developmental 9 delays; and 10 WHEREAS, many areas of the State are facing EI provider shortages and the existing 11 number of providers is inadequate to meet the needs of the currently enrolled EI 12 program children and their families; and 13 WHEREAS, EI providers have not received a rate increase in 13 years and EI rates 14 were cut twice since 2010; and 15 WHEREAS, counties providing EI services are facing detrimental fiscal impacts 16 related to costs associated with the program; and 17 WHEREAS, in 2013, EI providers took on the responsibility of commercial insurance 18 billing with no rate increase to cover their administrative costs; and 19 WHEREAS, the New York State Department of Health 2019 measure to increase rates 20 for Occupational Therapy (OT), Physical Therapy (PT) and Speech Language Pathology 21 (SLP) did not fully address the problem that Early Intervention rates had not been 22 increased in over a decade; and 23 WHEREAS, providers, particularly those outside of the OT, PT, SLP professions are 24 leaving the EI program due to perceived lack of recognition received from being 25 excluded from the five percent rate increase during the 2019-2020 SFY budget. 26 NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of 27 Counties calls on the Governor and State Legislature to expand the five percent provider 28 rate increase to include all Early Intervention service provider types using State invested 29 dollars, while ensuring counties are held free from fiscal impact caused by such a rate 30 increase; and 31 BE IT FURTHER RESOLVED, that any provider rate increase will be administered 32 using State funding to ensure localities are not subject to additional EI program 33 expenses; and 34 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 35 of New York encouraging member counties to enact similar resolutions; and 36 BE IT FURTHER RESOLVED, that New York State Association of Counties shall 37 forward copies of this resolution to Governor Andrew M. Cuomo, the New York State 38 Legislature and all others deemed necessary and proper. 18
2020 NYSAC Legislative Conference Albany County, NY Standing Committee on Economic Development, Environment & Energy Hon. William Farber (Hamilton County) – Chair Hon. Rebecca Ryan (Wyoming County) – Vice Chair William Rabia (Oneida County) – Vice Chair 1 19
1 2020 NYSAC Legislative Conference 2 Standing Committee on Economic Development, Environment & Energy 3 Resolution #1 4 Resolution in Support of S.5655 (Metzger)/A.7561-A (Woerner) to Increase 5 the Rebate for the Purchase of Electric Vehicles 6 WHEREAS, the NYS Department of Environmental Conservation (NYSDEC)’s Zero 7 Emission Vehicle (ZEV) rebate program is designed to assist and incentivize 8 municipalities with the purchase of electric vehicles or hybrid vehicles; and 9 WHEREAS, many counties are interested in purchasing ZEVs to save taxpayers 10 money, reduce their carbon footprint, and cut down on greenhouse gas emissions; and 11 WHEREAS, the current rebate structure does not allow enough flexibility and financial 12 incentive to encourage counties to switch their fleets from gas-powered vehicles to 13 eligible vehicles; and 14 WHEREAS, municipalities are currently ineligible for federal tax incentives for the 15 purchase of zero-emission or hybrid vehicles; and 16 WHEREAS, Senate Bill 5655/Assembly Bill 7561A, introduced by Senator Jen Metzger 17 and Assemblymember Carrie Woerner, would increase the municipal rebate for zero- 18 emission vehicles from a minimum of $750 to $1,500 and a maximum rebate from 19 $5,000 to $7,500; and 20 WHEREAS, the rebate program is already funded as part of the Environmental 21 Protection Fund (EPF) and this legislation will help to make ZEVs more affordable 22 for counties and municipalities without changing the current allocation; and 23 WHEREAS, converting fleets to electric vehicles supports New York State’s 24 greenhouse gas emission (GHG) reduction goals under the Climate Leadership and 25 Community Protection Act (CLCPA); and 26 WHEREAS, increasing the rebate will also help counties to achieve Climate Smart 27 Community designation through the NYSDEC and Clean Energy Community status 28 through the NYS Energy, Research, and Development Authority (NYSERDA). 29 NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of 30 Counties calls on the Legislature to pass and the Governor to sign S.5655 31 (Metzger)/A.7561-A (Woerner) to increase the rebate for the purchase of electric 32 vehicles; and 33 BE IT FURTHER RESOLVED, that copies of this resolution shall be sent to member 34 counties for their consideration; and 35 BE IT FURTHER RESOLVED, that the New York State Association of Counties shall 36 forward copies of this resolution to Governor Andrew M. Cuomo, the New York State 37 Legislature, and all others deemed necessary and proper. 20
2020 NYSAC Legislative Conference Albany County, NY Standing Committee on Intergovernmental Affairs Robert Hagemann, III (Jefferson County) – Chair Jack Wheeler (Steuben County) – Vice Chair Cheryl Ketchum (Wyoming County) – Vice Chair 1 21
1 NYSAC Standing Committee on Intergovernmental Affairs 2 2020 Legislative Conference 3 Resolution #1 4 Resolution Urging Governor Andrew M. Cuomo and the State Legislature to 5 Continue the Funding Commitment for all Costs Associated with Early 6 Voting Reforms Implemented at the County Level 7 WHEREAS, counties through local Boards of Elections are responsible for managing 8 election operations, and paying for all or most of the costs associated with these 9 operations; and 10 WHEREAS, the 2019 State Legislative Session included many election reforms, 11 including the authorization of electronic poll books and provisions for early voting; and 12 WHEREAS, the State’s new early voting law required counties to open polling sites for 13 early voting for 10 days prior to the 2019 general election; and 14 WHEREAS, there are three elections in 2020 that will require counties to provide 15 opportunities for early voting: the presidential primary, the June primary, and the 16 general election in November, and 17 WHEREAS, the enacted SFY 2020 State Budget included $14.7 million in capital 18 equipment aid and $10 million in operational aid support to assist counties with 19 implementing these election law reforms; and 20 WHEREAS, the Executive SFY 2021 State Budget proposal includes no funding for 21 early voting; and 22 WHEREAS, counties are grateful for the state assistance in 2020, but without 23 continued state financial assistance, these costs will be borne by county property 24 taxpayers. 25 NOW, THERFORE, BE IT RESOLVED, the New York State Association of Counties 26 urges the Governor and State Legislature to continue to fund election law reforms at 27 SFY 2020 levels; and 28 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 29 of New York State encouraging member counties to enact similar resolutions; and 30 BE IT FURTHER RESOLVED, the New York State Association of Counties shall 31 forward copies of this resolution to Governor Andrew M. Cuomo, the New York State 32 Legislature, the Board of Elections, and all others deemed necessary. 22
1 2020 NYSAC Legislative Conference 2 Standing Committee on Intergovernmental Affairs 3 Resolution #2 4 5 Resolution Applauding Efforts to Allocate State Resources and Funding to 6 Counties for Promoting a Full 2020 Census Count 7 WHEREAS, the U.S. Census Bureau is preparing for the 2020 decennial census; and 8 WHEREAS, decennial census counts help the federal government distribute more than 9 $400 billion in funds annually for infrastructure, programs and services; and 10 WHEREAS, the decennial census helps communities plan for future needs and deal 11 with population-based programs; and 12 WHEREAS, decennial population counts also affect state and federal congressional 13 representation and redistricting; and 14 WHEREAS, New York State and county governments are committed to ensuring that 15 every resident in the state is counted in the 2020 Census; and 16 WHEREAS, in December 2019, New York State announced that it will distribute up to 17 $15 million of the $20 million census count allocation from last year’s budget to 18 counties and the four largest cities; and 19 WHEREAS, the funding formula was based on several factors, including population, 20 broadband access, proximity to a public library, as well as others; and 21 WHEREAS, this was a voluntary program and counties that wish to participate need to 22 submit a full proposed plan of action including community agency partners. 23 NOW, THEREFORE, BE IT RESOLVED, the New York State Association of 24 Counties (NYSAC) commends the Governor for providing counties with a fiscal 25 incentive to promote a complete 2020 census count in New York State; and 26 BE IT FURTHER RESOLVED, that NYSAC urges the Division of Budget to allocate 27 these funds as soon as possible so counties can successfully implement their census 28 count plans; and 29 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 30 of New York State encouraging member counties to enact similar resolutions; and 31 BE IT FURTHER RESOLVED, the New York State Association of Counties shall 32 forward copies of this resolution to Governor Andrew M. Cuomo, the New York State 33 Legislature and all others deemed necessary. 23
1 NYSAC Standing Committee on Intergovernmental Affairs 2 2020 Legislative Conference 3 Resolution #3 4 Urging the Governor and State Legislature to Pass Legislation that Allows 5 School Districts to Permit Home-schooled Students to Participate in 6 District Interscholastic Sports 7 WHEREAS, participation in athletics has the intrinsic value of increased physical and 8 mental health; and 9 WHEREAS, participation in athletics is one of the most effective ways for students in 10 the United States to develop leadership skills, self-discipline, initiative, and dedication; 11 and 12 WHEREAS, the communication and cooperation skills learned through athletic 13 experience play a key role in the contributions of athletes to the home, school, and 14 community; and 15 WHEREAS, the additional benefits of athletics participation, including social 16 interaction and teamwork, could be considered more vital for home-schooled students, 17 who often lack the opportunity to otherwise enjoy those benefits due to the nature of 18 their educational environment; and 19 WHEREAS, the current regulations of the New York State Public High School Athletics 20 Association (NYSPHSAA) prohibit participation in high school athletics by home-school 21 students; and 22 WHEREAS, those regulations run counter to the NYSPHSAA's stated objective to 23 encourage as many students as possible to participate in athletic games; and 24 WHEREAS, public schools in New York enjoy the benefits of funding through taxation, 25 which enables them to provide expensive athletic programming that home schooled 26 students are unable to fund independently; and 27 WHEREAS, the families of home-schooled children contribute to the funding of 28 public-school athletics programs at the same rate as other taxpayers. 29 NOW, THEREFORE, BE IT RESOLEVED, that the New York State Association of 30 Counties (NYSAC) urges the Governor and Legislature to pass legislation that would 31 allow school districts to permit home-schooled students to participate in district 32 interscholastic sports; and 33 BE IT FURTHER RESOLVED, any district opting to permit these student athletes to 34 participate must require them to be vaccinated as required by the State of New York; 35 and 24
1 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties of 2 New York State encouraging member counties to enact similar resolutions; and, 3 BE IT FURTHER RESOLVED that NYSAC shall forward copies of this resolution to 4 Governor Andrew M. Cuomo, the New York State Legislature, the New York State Public 5 High School Athletic Association, the New York State School Boards Association, and all 6 others deemed necessary and proper. 25
1 2020 NYSAC Legislative Conference 2 Standing Committee on Intergovernmental Affairs 3 Resolution # 4 4 Resolution Urging the Governor and State Legislature to Make Investments 5 in Veteran Services 6 WHEREAS, counties provide important services for the 900,000 veterans living in our 7 State; and 8 WHEREAS, counties take pride in this service and believe we have a duty to provide 9 support to those who sacrificed so much for our State and country; and 10 WHEREAS, the New York State Division of Veterans’ Affairs and County Veteran 11 Service Agencies have been working in conjunction with counties for decades to support 12 and provide needed services to our veterans; and 13 WHEREAS, citing state budget concerns, the New York State Division of Veteran 14 Affairs has historically underfunded some of its local government support; and 15 WHEREAS, counties are interested in developing unique incentives to continue to 16 recruit and retain our state’s veteran population. 17 NOW, THEREFORE BE IT RESOLVED, the New York State Association of 18 Counties calls upon the Governor and the New York State Legislature to increase 19 funding to support local veteran service; and 20 BE IT FURTHER RESOLVED, the New York State Association of Counties calls 21 upon the Governor and the New York State Legislature to take the following actions to 22 make investments in veteran services: 23 • Include additional funding for veterans’ affairs so that counties can provide 24 additional resources and services to our veterans; and 25 • Require the NYS Division of Veteran Affairs to share the DD-214 form with 26 county veteran service agencies; and 27 • Expand the definition of “veteran” to recognize the service of reserve or national 28 guard service members who have completed 20 years of service; and 29 • Authorize local governments to allow veterans to receive exemptions from paying 30 hotel/motel occupancy taxes; and 31 • Expand the NYS Department of Environmental Conservation veterans’ discounts 32 on hunting and fishing licenses; and 33 • Expand the discount on state park entrance fees; and 34 • Create a veteran green energy jobs program to train and link veterans with 35 sustainable, environmentally friendly jobs to meet the goals set forth in the 36 Climate Leadership and Community Protection Act; and 26
1 • Mandate all public institutions of higher education to participate in the American 2 Council on Education (ACE) so our veterans can gain college credit for military 3 experience; and 4 • Expand veteran court availability throughout New York State; and 5 • Provide counties with the flexibility to enact at local option, a local sales tax 6 exemption on vehicles for veterans who are partially disabled; and 7 • Provide local sales tax exemptions for vehicle purchases and adaptations and 8 allow counties to enact similar local laws to provide this benefit as well; and 9 • Provide counties who create veteran trust funds at local option a one-time seed 10 fund equal to $1/ per veteran as of the last U.S. Census. This targeted investment 11 will help aid the continued operational success of the Trust Fund. 12 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 13 of New York encouraging member counties to enact similar resolutions; and 14 BE IT FURTHER RESOLVED, that New York State Association of Counties shall 15 forward copies of this resolution to Governor Andrew M. Cuomo, the New York State 16 Legislature and all others deemed necessary and proper. 27
2020 NYSAC Legislative Conference Albany County, NY Standing Committee on Medicaid and Human Services Resolutions Kira Pospesel (Greene County) - Chair Mike Fitzgerald (Madison County) - Vice Chair 28
1 NYSAC 2020 Legislative Conference 2 Standing Committee on Medicaid and Human Services 3 Resolution #1 4 Resolution Calling on the Governor and New York State Legislature to 5 Preserve the Zero Percent Medicaid Growth Cap for All Counties and New 6 York City 7 WHEREAS, spending in New York state for Medicaid is the single largest expense in 8 the State budget; and 9 WHEREAS, the funding to support the Medicaid program is provided by a 10 combination of federal, state and local resources; and 11 WHEREAS, the required county and New York City contribution is $7.6 billion 12 annually; and 13 WHEREAS, the local share of Medicaid funding paid in New York is the highest of any 14 state in the country and is more than what 43 individual states pay in state share for 15 their Medicaid programs; and 16 WHEREAS, this large local funding share for Medicaid and other state programs is a 17 major contributor to New York’s high local tax burden compared to other states; and 18 WHEREAS, the Governor and legislative leaders recognize the fiscal burden the 19 financing of Medicaid is for local taxpayers and initiated steps to relieve part of that 20 burden by capping the growth in local costs in this program; and 21 WHEREAS, one of the most prominent property tax reduction and mandate relief 22 initiatives in state history was Governor Cuomo’s establishment of the zero percent 23 Medicaid growth cap; and 24 WHEREAS, this zero percent growth cap enables counties to keep funding for the 25 growing cost of many vital state programs and services, while continuing local quality of 26 life services demanded by taxpayers; and 27 WHEREAS, the Medicaid budget is facing billions of dollars in annual deficits over the 28 next several years; and 29 WHEREAS, these Medicaid deficits are contributing to the largest budget deficit the 30 state has faced since the Great Recession; and 31 WHEREAS, the Governor’s Executive Budget Recommendation is proposing a variety 32 of ways to address these combined fiscal shortfalls; and 33 WHEREAS, budget proposals advanced by the Governor rely on $150 million in 34 Medicaid program costs assumed by local taxpayers; and include: 29
1 • Using county government federal enhanced medicaid match savings; 2 • Losing state Medicaid growth cap if counties breach the state property tax cap; 3 • Shifting the local share of Medicaid growth above 3% to counties, if counties 4 cannot contain costs under 3%; and 5 WHEREAS, counties do not have tools to control the Medicaid program growth; some 6 of these limitations include: 7 • The ability to audit the Medicaid program; 8 • The ability to control the cost of perscription drugs; 9 • The ability to set provider reimbursement rates; 10 • The ability to modify eligiblity and benefit levels for Medicaid recipients; 11 • The ability to control changing demographics across the state; 12 • The ability to control provider contracts; and 13 WHEREAS, if state experts in the Medicaid program are unable to develop solutions to 14 control growth in the Medicaid program, it will be difficult for counties to do so, since 15 they do not have this authority to control costs. 16 NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of 17 Counties (NYSAC) urges the Governor and legislative leaders to maintain the zero 18 percent Medicaid growth cap for counties and New York City as they address state 19 budget shortfalls in order to keep downward pressure on the local tax burden; and 20 BE IT FURTHER RESOLVED that NYSAC shall forward copies of this resolution to 21 Governor Andrew M. Cuomo, the New York State Legislature, and all others deemed 22 necessary and proper. 30
1 NYSAC 2020 Legislative Conference 2 Standing Committee on Medicaid and Human Services 3 Resolution #2 4 Resolution Urging the Governor and Legislature to Make Permanent 5 Housing the Central Focus of Its Homelessness Prevention Goals 6 WHEREAS, homelessness continues to be a major concern across the state; and 7 WHEREAS, the Governor and Legislature continue to prioritize finding solutions to 8 the affordable housing crisis; and 9 WHEREAS, the level of homelessness is occurring in an environment where the New 10 York economy is strong, the number of private sector jobs is the highest in state history, 11 the state is experiencing near record lows in unemployment, and wage growth is the 12 strongest it has been in over a decade; and 13 WHEREAS, the entrenched nature of homelessness in New York in this environment 14 highlights that overall housing affordability remains a key problem that still must be 15 addressed more ardently; and the amount and type of state, federal and local resources 16 and services need to be realigned to better serve the homeless and to prevent 17 homelessness in the first instance; and 18 WHEREAS, regardless of family size and demographics, many of those facing 19 homelessness or seeking emergency shelter can have challenging medical needs, mental 20 health and substance abuse issues, or are former foster children, veterans, registered sex 21 offenders, state prison parolees, or on probation, with many facing several of these 22 challenges at the same time; for many others it is simply an economic issue of not being 23 able to find safe housing they can afford; and 24 WHEREAS, local social service districts focus scarce resources on achieving 25 permanent housing, preventing homelessness, and providing temporary placement; and 26 WHEREAS, local resources are stretched thin due to revenue limitations placed on 27 counties by the State and the requirement to fund a wide variety of other state 28 programs; and 29 WHEREAS, insufficient state shelter reimbursements are compounded by no increase 30 in a decade, even as housing costs have soared; and 31 WHEREAS, counties have also experienced significant state funding cuts in a wide 32 array of social services programs over the last decade that have restricted counties’ 33 ability to pursue more aggressive assistance efforts that can prevent homelessness in the 34 first instance. 31
1 NOW, THEREFORE, BE IT RESOLVED, the New York State Association of 2 Counties (NYSAC) calls on the Governor and Legislature to make permanent and stable 3 housing the central focus of homelessness policy in New York State; and 4 BE IT FURTHER RESOLVED, State leaders should target supportive housing 5 overseen by OMH, OASAS, DOH and OPWDD to efforts that prevent homelessness and 6 quickly re-house people that become homeless; and 7 BE IT FURTHER RESOLVED, OMH, OASAS, DOH, OPWDD and DOCCS should 8 focus efforts on services to prevent people from becoming homeless and for rapid re- 9 housing by providing necessary clinical services, supports and after-care during the 10 transition period to permanent housing; and 11 BE IT FURTHER RESOLVED, the State should utilize mobile mental health and 12 alcohol treatment services that will take people from shelters and motels to their 13 appointments or bring services directly to them; and 14 BE IT FURTHER RESOLVED, the State should ensure that existing funds for 15 improving housing stock target low income housing in communities across the state 16 (urban, rural and suburban) and is linked to a larger effort to prevent homelessness; and 17 BE IT FURTHER RESOLVED, State funding should target rental assistance to 18 prevent evictions and to provide transition funding for people moving out of shelters 19 and motels to more permanent housing in order to achieve stable housing; and 20 BE IT FURTHER RESOLVED, the State should expand existing shelter supplement 21 plans and approve plans that require more state money, instead of insisting on savings 22 or cost neutrality criteria, which limits the ability to reduce homelessness; and 23 BE IT FURTHER RESOLVED, the State should support efforts to use safety net 24 assistance funding for stable housing so counties can be less reliant on shelters and 25 motels; and 26 BE IT FURTHER RESOLVED, the state should encourage innovation and approve 27 local waivers that propose new approaches; and 28 BE IT FURTHER RESOLVED, the state should develop a public relations campaign 29 to convey how everyone in the community benefits when we achieve stable housing for 30 those most in need; and 31 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 32 of New York State encouraging member counties to enact similar resolutions; and 33 BE IT FURTHER RESOLVED, that NYSAC shall forward copies of this resolution to 34 Governor Andrew M. Cuomo, the New York State Legislature and all others deemed 35 necessary and proper. 32
1 NYSAC 2020 Legislative Conference 2 Standing Committee on Medicaid and Human Services 3 Resolution #3 4 Resolution Calling on the Governor and State Legislature to Not Shift More 5 Costs to Counties and New York City for State Controlled Non-Health Care 6 Related Social Service Programs 7 WHEREAS, the State has indicated it is facing a $6 billion budget deficit in 2021, 8 which will grow to $8.5 billion by 2023 if no actions are taken; and 9 WHEREAS, over the last decade the state has devolved away from their historic and 10 constitutional responsibilities of providing social services and support for low income 11 families and individuals, as demonstrated through significant reductions in state 12 financial support for these programs, thereby shifting these costs to counties and New 13 York City; and 14 WHEREAS, these state funding shifts have increased county and New York City social 15 services costs by hundreds of millions of dollars annually because the state requires that 16 all services still be provided, but with less state resources; and 17 WHEREAS, New York City has been targeted with additional social services and public 18 health cost shifts by the state that have increased the City’s costs by hundreds of 19 millions of dollars more each year, on top of the other cuts mentioned; and 20 WHEREAS, the steady pullback in State funding support has been expansive and 21 includes cuts to child welfare, adoption subsidies, food stamp administration, Family 22 Assistance, Safety Net, youth detention and treatment, and foster care; and 23 WHEREAS, the state has also increased regulatory burdens for local social service 24 districts during the last decade, that include new administrative responsibilities and 25 often duplicative and needless reporting requirements which divert scarce resources 26 from critically needed services; and 27 WHEREAS, the net effect of these practices is that it forces local property taxes to be 28 higher than they should because of the additional costs borne by counties and New York 29 City; and 30 WHEREAS, most other states do not require counties to fund such a large share of 31 public assistance costs; and 32 WHEREAS, the current strong economy and low unemployment provide significant 33 opportunities for recipients to connect with employment and gain valuable work skills 34 that can lead to self-sufficiency and family independence; and 33
1 WHEREAS, local Departments of Social Services have demonstrated significant 2 success in achieving self-sufficiency when program resources are dedicated to 3 employment and supporting the needs of individuals and families as they return, or 4 connect, to the workforce. 5 NOW, THEREFORE, BE IT RESOLVED, the New York State Association of 6 Counties (NYSAC) calls on the Governor and State Legislature to not impose new costs 7 shifts on counties and develop a multi-year plan to reverse the numerous state funding 8 cuts that have occurred in public assistance programs and administration; and 9 BE IT FURTHER RESOLVED, the state should focus on reforming state social 10 service programs by prioritizing employment as a key to achieving self-sufficiency and 11 long-term independence for residents receiving Family Assistance, Safety Net Assistance 12 and other programs; and 13 BE IT FURTHER RESOLVED, the counties of New York are calling on the Governor 14 and State Legislature to recognize that effective public assistance policies are grounded 15 in accountability, integrity and supporting the needs of recipients in entering the 16 workforce; and 17 BE IT FURTHER RESOLVED, the counties of New York are calling on the Governor 18 and State Legislature to limit new legislation and regulations that reduce accountability 19 for recipients in gaining employment, self-sufficiency and long-term independence from 20 public assistance as we believe this can ultimately hinder the success of these recipients 21 in achieving self-sufficiency; and 22 BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties 23 of New York State encouraging member counties to enact similar resolutions; and 24 BE IT FURTHER RESOLVED, that NYSAC shall forward copies of this resolution to 25 Governor Andrew M. Cuomo, the New York State Legislature and all others deemed 26 necessary and proper. 34
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