A10193 Summary:

Amd 202-a & 203, St Ad Proc Act
Relates to regulatory impact statements for proposed agency regulations.
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A10193 Actions:

05/16/2016referred to governmental operations
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A10193 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the state administrative procedure act, in relation to regulatory impact statements   PURPOSE OR GENERAL IDEA OF BILL: Requires legislative approval of any regulation proposed by a State Agency with an estimated statewide fiscal impact greater than $5 million.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Paragraph (c) of subdivision 3 of section 202-a of the State Administrative Procedures Act (SAPA) to require a total estimated statewide fiscal impact be calculated as part of the fiscal impact statement of any proposed regulation. Section 2 amends Section 203 of SAPA to allow certain local and State elected officials to challenge the accuracy of a regulatory impact statement by filing a challenge with the Governor's Office of Regulatory Reform. Section 2 also amends Section 203 of SAPA to require that any proposed regulation with a total estimated statewide fiscal impact greater than $5 million must receive legislative approval prior to becoming effec- tive.   JUSTIFICATION: State Agencies routinely enact regulations that carry the weight of law. Under the State Administrative Procedures Act, these Agencies are required to solicit public comment on the proposed regulations; however, these agencies are not directly accountable to the people of the State. This bill would require that any significant proposed regulation (those costing the effected parties in excess of $5 million when aggregated statewide) come before the legislature for approval prior to going into effect. Legislators are directly accountable to the residents of their district and will provide the people of this State a greater say in the regulations promulgated by State Agencies.   PRIOR LEGISLATIVE HISTORY: A5731 of 2014 (Jordan)   FISCAL IMPLICATIONS: Potentially significant savings to the residents of New York through prevention of potentially onerous regulations.   EFFECTIVE DATE: This act shall take effect immediately
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A10193 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      May 16, 2016
        Introduced  by  M. of A. OAKS -- read once and referred to the Committee
          on Governmental Operations
        AN ACT to amend the state administrative procedure act, in  relation  to
          regulatory impact statements
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (c) of subdivision 3  of  section  202-a  of  the
     2  state  administrative  procedure  act,  as amended by chapter 520 of the
     3  laws of 1992, is amended to read as follows:
     4    (c) Costs. A statement detailing the  projected  costs  of  the  rule,
     5  which shall indicate:
     6    (i)  the  costs  for  the implementation of, and continuing compliance
     7  with, the rule to regulated persons;
     8    (ii) the costs for the implementation of, and continued administration
     9  of, the rule to the agency and to the state and its  local  governments;
    10  [and]
    11    (iii)  the information, including the source or sources of such infor-
    12  mation, and methodology upon which the cost analysis is based; [or] and
    13    (iv) a statement  detailing  an  aggregate  estimate  of  total  costs
    14  incurred  by  residents, businesses, local municipalities, and any other
    15  parties potentially impacted by the proposed regulations; or
    16    (v) where an agency finds that it cannot fully provide a statement  of
    17  such  costs,  a  statement  setting forth its best estimate, which shall
    18  indicate the information and methodology upon which such  best  estimate
    19  is  based and the reason or reasons why a complete cost statement cannot
    20  be provided;
    21    § 2. Section 203 of the state administrative procedure act is  amended
    22  by adding two new subdivisions 5 and 6 to read as follows:
    23    5.  Village  mayors,  town  supervisors,  county  executives,  and any
    24  elected state official may challenge the accuracy of a regulatory impact
    25  statement developed by an agency in accordance with  the  provisions  of
    26  paragraph  (c) of subdivision three of section two hundred two-a of this
    27  article. Such challenge shall be  filed  with  the  state  comptroller's
    28  office  and shall contain specific information concerning the purpose of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10193                            2
     1  such challenge and any evidence to support  such  challenge.  The  state
     2  comptroller's  office  shall have ninety days upon receipt of such chal-
     3  lenge to issue a binding determination as to the accuracy of such  regu-
     4  latory impact statement.
     5    6. If a regulatory impact statement for a proposed regulation contains
     6  a  cost, as defined in paragraph (c) of subdivision three of section two
     7  hundred two-a of this article, in excess of one  million  dollars,  such
     8  regulation shall be accompanied with proof of legislative approval prior
     9  to  filing such regulation with the secretary of state. Such proof shall
    10  consist of a certified copy of a floor vote supplied by the clerk of the
    11  assembly or the secretary of the  senate  for  their  respective  houses
    12  demonstrating a majority of the membership voting in the affirmative for
    13  the adoption of the proposed regulation.
    14    § 3. This act shall take effect immediately.
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