Responsibilities under the Local Mandate Law
REGULATORY MANDATES ON CITIES & TOWNS
State managers must be mindful of the financial impact of their rule-making activities on local units of government, and strive to minimize compliance costs. This is necessary in light of laws enacted as part of Proposition 2 1/2, as well as other state laws and executive orders. The following summarizes the primary requirements, and notes sources available for consultation in gauging the fiscal effect of state regulations on cities and towns.
The
Local Mandate Law & Auditor's Division of Local Mandates (DLM)
M.G.L.
- Chapter 29, Section 27c
In general terms, the Local Mandate Law provides that new laws and regulations that impose costs on cities and towns will not be effective unless fully funded by the state. Specifically relative to regulations, G. L. c. 29, s. 27C (c) states:
Any administrative rule or regulation taking effect on or after January first, nineteen hundred and eighty-one which shall result in the imposition of additional costs upon any city or town* shall not be effective until the general court has provided by general law and by appropriation for the assumption by the commonwealth of such cost, exclusive of incidental local administration expenses, and unless the general court provides by appropriation in each successive year for such assumption.
G. L. c. 29, s. 27C requires DLM to make the following determinations upon the request of a city, town, regional school district, educational collaborative, or the general court:
Determine
whether costs imposed by the commonwealth by any law, rule, or regulation
have been paid in full by the commonwealth in the preceding year, and if
not, the amount of any deficiency in such payments.
G. L. c. 29, s. 27C (d).
Determine the total annual financial effect for a period of not less than three years of any proposed law, rule, or regulation of any administrative agency of the commonwealth. G. L. c. 29, s. 27C (f).
G.
L. c. 11, s.6B obligates state agencies to provide the information DLM
deems necessary to aid in these determinations.
M.G.L.
- Chapter 11, Section 6b
Court rulings over the years have further defined the scope of mandate protection provided to municipalities. DLM staff is available to advise agencies and communities concerning the appicability of the Local Mandate Law to proposed regulatory mandates. Ask for the Division Director at 617-727-0980.
The State Administrative Procedures Act
In addition, the State Administrative Procedures Act provides that no proposed rule or regulation may take effect until the relevant agency files a statement of the estimated financial effect of the proposal on both the private and public sectors for the first and second years of compliance, and for the first five-year period. M.G.L. - Chapter 30a. Section 5
The Local Government Advisory Commission
State managers should also be aware that the Local Government Advisory Commission (LGAC) is charged with a number of responsibilities pursuant to G. L. c. 3. s. 62. Among these, the LGAC must review proposed legislative and regulatory changes, and apprise lawmakers and regulators of the local government position relative to such proposals. M.G.L - Chapter 3, Section 62
The Municipal Affairs Coordinating Cabinet
Executive
Order No. 480 established the Municipal Affairs Coordinating Cabinet
within the Executive Office for Administration and Finance (EOAF) for the overall
purpose of strengthening the partnership between state and local
governments. Among its duties, this Cabinet must "coordinate
the implementation of municipal impact statements on legislative and
executive orders." A subsequent directive, Executive Order No. 485,
requires agencies to file draft regulations with the EAOF for review prior to public
notification.
Executive Orders - Official Website of the Governor of Massachusetts
The Massachusetts Municipal Association
The
Massachusetts Municipal Association is an organization of member
communities that works to advance the interests of cities and towns, and
improve the delivery of public services at the local level.
Massachusetts Municipal
Association (MMA) - Home
* A 1993 amendment adds regional school districts and educational collaboratives to the parties protected from unfunded state mandates.