In this Week's Perspective

• Registration now open for 2023 Legislative Conference!
• Counties release 2023 Legislative Program
• State Bar Associations seeks state funding for 18-b attorney
• Extension of Enhanced Federal Medicaid funding likely
• Governor signs/vetoes bills
• Latest publications and podcasts from NYSAC
• Upcoming webinars on budgeting and cybersecurity

Register TODAY for the 2023 NYSAC Legislative Conference

NYSAC is pleased to invite you to register for our 2023 Legislative Conference which will be held on February 27, 28 and March 1, 2023 at the Crowne Plaza Albany!

The Legislative Conference will feature 21 workshops addressing the most pressing issues facing county officials today, including:

• Cybersecurity,
• The 2023 State Budget,
• Affordable housing,
• Attracting new workers,
• The NY Environmental Bond Act,
• Best practices in communications,
• EV charging stations,
• And many more!

The Legislative Conference will also host a session of the NYS Emergency Management Certification and Training Program for county chief elected officials and other emergency management stakeholders on Wednesday after the conclusion of the main conference.

Register today and reserve your hotel room before they sell out!

As always, NYSAC will offer a full lineup of standing committee, affiliate, and task force meetings in addition to a number of networking opportunities including a full exhibit hall of service providers to county government.  

For full Legislative Conference details, visit nysac.org/LegislativeConference.

NYSAC Board of Directors Approves 2023 Legislative Program

On Thursday, the NYSAC Board of Directors met and approved the 2023 Legislative Program. This comprehensive policy document derived from our standing committee resolutions serves as the platform and foundation for the association’s advocacy agenda for the upcoming legislative session which begins in January.

The 2023 program includes key county priorities like preserving the Medicaid cap, reforming the civil service system, providing counties with eFMAP reconciliation payments, and making modifications to the way we treat individuals who have been deemed incompetent to stand trial.

The 2023 Legislative Program will now be distributed to State Lawmakers ahead of the 2023 session. New members joining the legislature will receive a copy once they have been formally seated in the legislature!

We encourage all county members to review the legislative program and use this as a tool when engaging with your state delegation.

Download the 2023 Legislative Program

State Bar Associations Seeks State Funding for Increase in 18-b Attorney Pay

On November 30, the New York State Bar Association filed suit against the State of New York for a “continuing violation of the constitutional right of children and indigent adults to meaningful and effective legal representation by assigned private counsel in Family and Criminal Court proceedings.” At issue is the pay rate that is set by State statute for private attorneys who provide public service counsel in Family and Criminal Courts. The attorneys, known as 18B’s, due to the State Statute that governed them, are paid $75 an hour for most court-related work and this is a rate that has not been raised in 18 years.

Under the current system, it is the county government’s obligation to pay for 18B attorney services in Criminal and Family Court when representing adults. The NYS Bar Association court filing is seeking that the State, not the county governments, meet the costs for any increase in pay of the 18b attorneys going forward. Their argument stems from the recent state funding and support provided to the criminal indigent defense system under a separate lawsuit (Hurrell-Harring) which was settled in 2015.

The Hurrell-Harring case found that it is the State’s Constitutional obligation to adequately fund indigent defense services, but did not address private sector, “18-b,” attorneys working in this field. This current case seeks to correct this and asserts that the State cannot delegate to the Counties its constitutional and statutory obligations to ensure that children and indigent adults receive meaningful and effective legal representation in Family and Criminal Court proceedings, that the Court must increase the 18b rates, and “order (the State) to fund the expenses incurred as a result of the new rates.”

To read the full complaint from the State Bar Association, click here.

 Governor Signs & Vetoes Nearly 100 Bills – 300 To Go

Over the past week, Governor Hochul acted on roughly 100 bills, leaving a little less than 300 to be acted on prior to the end of the calendar year. NYSAC has been tracking several key pieces of legislation. Of note, Governor Hochul signed legislation championed by the association and NYSACHO which would require commercial insurers to cover rabies treatment for individuals exposed to or presumed to have been exposed to a rabid animal. Historically, this cost has been the sole responsibility of the county government.

The Governor also signed legislation to create a Council on Food Policy to develop a comprehensive, coordinated state food policy plan.

The Governor vetoed several pieces of legislation, including the establishment of a fentanyl overdose task force, and legislation that would have required NYSERDA to develop recommendations regarding the establishment of microgrids in New York State.

You can review all of the legislation of significance to county governments by visiting our NYSAC website and downloading the 2023 Legislative Session Summary report. 

COVID eFMAP Likely to be Extended through June 30, 2023

The Biden Administration has consistently asserted that they would give states a 60-day notice when they plan to end the public health emergency (PHE) for COVID. The 60-day notice date was November 11^th and no notification was provided. DC-based experts interpret this to mean the White House will likely extend the PHE in January for another 90 days – therefore making the 2^nd quarter of 2023 (through June 30, 2023) COVID eFMAP eligible.

Counties have received no pass-through federal savings for the quarter ending March 31, 2023 – so the state already owes counties these federal savings for that quarter. In addition, it is very likely more federal savings will be owed for the quarter ending June 30, 2023, as well, given the recent "non-announcement" from the Biden Administration on ending the COVID PHE.

Each quarter is worth about $160 million in fiscal relief for counties ($100 million for NYC and $60 million for the 57 counties).

NYS Approves First Cannabis Dispensary Licenses

On November 21st, New York State’s Cannabis Control Board approved the first Conditional Adult-Use Retail Dispensary (CAURD) licenses. The Board received over 900 applications for CAURD licenses and approved 36 provisional licensees for 28 qualifying individuals and eight nonprofits. While a federal judge has temporarily blocked New York State from issuing cannabis dispensary licenses in five regions (Brooklyn, the Mid-Hudson, Central New York, the Finger Lakes, and Western New York), at least one CAURD license was granted in each of the other regions of the state.



The Board also voted to advance a new adult-use cannabis regulations package, which includes an outline of the role municipalities will play in regulating cannabis businesses, to a 60-day public comment. Additionally, regulations for the packaging, labeling, marketing, and advertising of adult-use cannabis products and those for laboratory permitting, oversight, and testing were advanced to a final comment period. All of the proposed regulations can be viewed at cannabis.ny.gov, and comments can be filed by emailing [email protected]. 

New Factsheets from NYSAC

As part of our advocacy efforts, NYSAC regularly publishes factsheets addressing issues of importance to county government. These are distributed to state policymakers and our members to assist them in advocating on behalf of counties.

Modernizing Civil Service Law

Counties all over New York are facing a hiring crisis while being expected to do more with fewer staff. Current NYS Civil Service law is making it difficult for counties to compete with the private sector for top talent.

NYSAC is advocating for a package of reforms that will help modernize the civil service system and provide local governments with greater flexibility and a quicker response time during the hiring process.

Veterans Services

As part of our Operation Green Light campaign, NYSAC continues to advocate for additional state support for the County Veteran Service Agencies that are vital to ensuring New York’s 676,000 veterans have access to the Federal benefits and services they’ve earned.

We’re also advocating for increased support for veteran peer support programs and initiatives to support veteran employment.

Emergency Medical Services (EMS)

EMS providers across the state are in crisis due to rising costs and high demand for increasingly complex services. Counties are being asked to fill growing gaps in EMS services in their communities, but they do not have the resources, flexibility, or statutory authority to develop county-wide or publicly funded EMS programs.

In this factsheet, NYSAC outlines a package of proposals to foster greater collaboration across municipal and county boundaries, improve recruitment, and stabilize funding.

Latest NYAC Podcast: Taking Stock and Looking Forward

As we’re coming up to the end of the year, this episode features a recap of county advocacy and achievements over the span of 2022, and what’s on the horizon heading into 2023.

NYSAC’s Legislative Director Ryan Gregoire joins Multimedia Specialist Kate Pierce-Nimz to discuss outcomes from federal and state elections, key outcomes from this past legislative session, and NYSAC’s top priorities for continued advocacy.

Listen here.

Check out the Fall Edition of NYSAC News

The digital edition of the Fall 2022 NYSAC News magazine is here! This issue is focused on one of the most pressing issues facing county governments today, finding and retaining the workforce they need.

This issue provides insight on best practices for attracting new workers, creating an effective remote work policy, and retaining local talent and shares challenges and success stories from counties across New York.

It also includes a preview of NYSAC’s legislative agenda for the coming year, economic analysis of current trends and an update on new and innovative local laws.

Read the digital edition of NYSAC News here!

Rockefeller Institute Seeking Proposals Annual Local Government Lab

The Rockefeller Institute of Government is seeking proposals for individual and full-panel presentations of completed and in-progress work for its annual one-day gathering of researchers, practitioners, and policymakers engaged in applied local government work or research.

The welcome research on a wide array of topics, including local government reorganization, policy development, citizen participation, finance, management, service delivery and service costing, competitiveness, employment, pensions, regionalization, federalism, home rule, local government in the courts, service delivery innovation, intergovernmental management or service delivery, new or innovative information technology, innovations in regional and state programs, and outreach to local governments.

To learn more about topics of particular interest and how to submit proposals, click here.

Upcoming Webinars

How to Modernize Your County's Annual Budget Process

December 15, 2022, 2pm-3pm

Join your fellow NYSAC members as we introduce ClearGov, our new strategic partner, who shares our conviction that stronger counties result in a stronger America. Counties across New York want to modernize their annual budget processes. This means increasing the efficiency of collecting requests, creating budgets, and communicating with internal and external stakeholders. During this webinar we will introduce ClearGov and their powerful, easy-to-use Budget Cycle Management suite.

Cybersecurity Threat Briefing for Local Leaders

Tue, Dec 13, 2022, 10:00 AM - 11:00 AM

Join us for a cybersecurity threat briefing from a team of experts who respond after a cyber breach happens. Hailing from US government agencies, law enforcement, and global security firms, Unit 42 security consultants have handled some of the largest data breaches in history. This strategic threat briefing will deliver a view of the threat landscape by a Unit 42 analyst, with access to a depth and breadth of data across all of your connected platforms and services. This workshop is co-sponsored by: NYSAC, the New York Conference of Mayors, the Association of Towns, the New York Municipal Insurance Reciprocal, and the Center for Technology in Government.

How much cyber risk do you have, where do you start to better manage those risks?

December 20, 2022, 10am - 11am

We now know that endpoints—servers, workstations and laptops that are connected to the Internet—pose real risks to our local computer systems and servers, but do you know how much risk exists and where to start lowering that risk? This webinar will highlight an assessment that can help your local government exactly where to prioritize your cybersecurity efforts. The panelists will demonstrate how a comprehensive risk assessment can provide a risk score for your endpoints. We will also cover actionable risk plans, an analysis of controls, and cyber hygiene metrics. This workshop is co-sponsored by: NYSAC, the New York Conference of Mayors, the Association of Towns, the New York Municipal Insurance Reciprocal, and the Center for Technology in Government.

2022 CDBG Grant Implementation Webinar Series

From November 29th to January 4th, the Office of Community Renewal (OCR) will be hosting a NYS Community Development Block Grant (CDBG) Program Implementation Webinar Series to provide instructions and guidance for implementing and administering successful CDBG projects. The webinar series is open to anyone with an active CDBG project. Participation is required for all recent CDBG CFA and Housing awardees approved on November 10, 2022. Please register by clicking here or visiting the CDBG webpage for more information.