Exempts agencies from requirements for preparation of a regulatory impact statement and a regulatory flexibility analysis for minor rules which merely conforms a rule to state or federal law; relates to ministerial matters, simplifies a procedure, does not pose a great burden for compliance and is not expected to be opposed; requires advance notice of such proposed minor rule.
STATE OF NEW YORK
________________________________________________________________________
5091
2009-2010 Regular Sessions
IN ASSEMBLY
February 10, 2009
___________
Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to
enhancing agency compliance with regulatory impact and regulatory
flexibility requirements for significant proposed rules
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Statement of purpose. The requirements of this act relating
2 to regulatory impact and flexibility analyses have had salutary effects
3 on the process used by agencies to develop regulations and public
4 participation in that process. Among the benefits of these requirements
5 is greater public involvement in the shaping of regulations and an
6 increased awareness by agencies of the desirability of using regulatory
7 approaches designed to minimize burdensome and costly effects on
8 affected persons, businesses, including in particular small businesses,
9 and the state and local economy.
10 Since the enactment of these requirements, it has become apparent that
11 there are types of regulations where the extensive outreach and develop-
12 ment requirements of regulatory impact and flexibility analyses do not
13 produce a corresponding public benefit and may, in these times of fiscal
14 stringency, result in an agency spending equivalent resources in the
15 development of these as well as more significant regulations, just to
16 meet a minimal compliance level.
17 Advance notice of the proposal of such minor rules, as defined in this
18 act, in a regulatory agenda will give interested parties adequate oppor-
19 tunity to comment both on the substance of the rule and the agency's
20 determination that the rule is a minor rule.
21 It is the purpose of this act to reduce the requirements of the regu-
22 latory impact statement and regulatory flexibility analysis statutes for
23 such minor rules so that agencies may utilize their resources to concen-
24 trate on outreach and developmental activities for regulations which are
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08707-01-9
A. 5091 2
1 more significant to the public, state and local governments, small busi-
2 nesses and other regulated parties in regard to compliance requirements,
3 costs, alternatives, and where the agency authority for the regulation
4 requires detailed explanation and justification.
5 It is intended thereby that agency compliance with the requirements of
6 regulatory impact and flexibility analyses for important, substantive
7 rules will be significantly improved as will the management and use of
8 state resources.
9 § 2. Section 102 of the state administrative procedure act is amended
10 by adding a new subdivision 12 to read as follows:
11 12. "Minor rule" means a rule (a) which merely adopts or conforms a
12 rule to provisions of federal or state statute, where agency action is
13 not required in order for such provisions to become enforceable and the
14 rule relates solely to ministerial matters of the agency; (b) which
15 simplifies administrative procedures or practices of an agency and which
16 does not limit or reduce the rights of or procedures or practices avail-
17 able to the public; or (c) for which the agency reasonably expects the
18 total implementation and annual cost of compliance, including paperwork
19 and reporting requirements, to the state, local governments, small busi-
20 nesses and other regulated parties, combined, will not exceed one thou-
21 sand dollars per annum and which the agency reasonably expects will not
22 be opposed by interested parties.
23 § 3. Subdivision 5 of section 202-a of the state administrative proce-
24 dure act is amended by adding a new paragraph (d) to read as follows:
25 (d) When an agency submits a notice of proposed rule making for a
26 minor rule no less than sixty days following publication of a summary of
27 such rule pursuant to section two hundred two-d of this article, the
28 agency may dispense with the requirements of paragraphs (b), (c), (d),
29 (e), (f), and (g) of subdivision three of this section. The agency shall
30 include in the notice of proposed rule making and any notice of revised
31 rule making the date the regulatory agenda containing the summary of the
32 minor rule was published in the state register.
33 § 4. Subdivision 3 of section 202-b of the state administrative proce-
34 dure act is amended by adding a new paragraph (c) to read as follows:
35 (c) When an agency submits a notice of proposed rule making for a
36 minor rule no less than sixty days following publication of a summary of
37 such rule pursuant to section two hundred two-d of this article, the
38 agency may dispense with the requirements of subdivision two of this
39 section. The agency shall include in the notice of proposed rule making
40 and any notice of revised rule making the date the regulatory agenda
41 containing the summary of the minor rule was published in the state
42 register.
43 § 5. Subdivision 1 of section 202-d of the state administrative proce-
44 dure act is amended by adding a new paragraph (g) to read as follows:
45 (g) a statement of whether the rule is a minor rule, and the basis for
46 this determination;
47 § 6. This act shall take effect on the first of October next succeed-
48 ing the date on which it shall have become a law and shall apply to all
49 rules proposed for adoption on or after such date provided that the
50 amendment made to subdivision 1 of section 202-d of the state adminis-
51 trative procedure act by section five of this act shall take effect on
52 the same date as the expiration and reversion of such subdivision as
53 provided in section 2 of chapter 402 of the laws of 1994, as amended.
