New York Statute of Local Governments Law Section 11 - Reservation of power by legislature.

11. Reservation of power by legislature. The legislature hereby excludes from the scope of the grants of powers to local governments in this statute and reserves to itself the right and power to enact any law described in this section notwithstanding the fact that it repeals, diminishes, impairs or suspends a power granted to one or more local governments in this statute:

1. Any law relating to the defense or protection of the state or to the continuity of state or local governmental operations during periods of emergency caused by enemy attack, actual or imminent, or by disaster.

2. Any law enacted as provided by paragraph two of subdivision (b) of section two of article nine of the constitution on request of the legislative body of each affected local government, on request of the chief executive officer of each affected local government concurred in by its legislative body or, except in the case of the city of New York, on certificate of necessity from the governor.

3. Any law amending an alternative form of county government which is subject to referendum pursuant to paragraph one or paragraph two of subdivision (h) of section one of article nine of the constitution.

4. Any law relating to a matter other than the property, affairs or government of a local government.

5. Any law authorizing the voluntary transfer of a power by a local government to another local government or other governmental agency.

6. Any law authorizing the voluntary exercise of a power by a local government in cooperation with another local government or other governmental agency.


Last modified: February 3, 2019