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A05582 Summary:

BILL NOA05582
 
SAME ASNo Same As
 
SPONSORBarclay (MS)
 
COSPNSRPalmesano, Hawley, Brabenec, Walsh, Miller, Manktelow, Jensen, Gallahan, DeStefano, Blankenbush, Tague, Bologna, Molitor, Bailey
 
MLTSPNSRBrown K, DiPietro, Friend
 
Add Art 43 §§930 - 937, Exec L; amd §202, add Art 2-A §220, St Ad Proc Act; amd §§86, 87 & 88, add §88-a, Leg L
 
Creates the division of regulatory review and economic growth to review regulatory processes and permit requirements in order to facilitate economic growth; imposes a two-for-one rule reduction requirement.
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A05582 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5582
 
SPONSOR: Barclay (MS)
  TITLE OF BILL: An act to amend the executive law, the state administrative procedure act and the legislative law, in relation to the division of regulatory review and economic growth and imposing a two-for-one rule reduction requirement   PURPOSE OR GENERAL IDEA OF BILL: Creates the Division of Regulatory Review & Economic Growth (DRREG), led by a commissioner who has a fixed term, to review and make binding recommendations for the elimination of burdensome regulations and permit requirements and implements a two-for one rule reduction requirement.   SUMMARY OF PROVISIONS: Sections 1 through 2. Establish the Division of Regulatory Review and Economic Growth to be led by a Commissioner to be appointed by the Governor, and confirmed by the Senate for a fixed term of five years. Require the Division to: *Review and make recommendations for the elimination of burdensome state agency rules, regulatory processes and permit requirements affecting local governments, school districts, or businesses. *Establish an 800 hotline and website to assist businesses and for the public to report regulatory burdens and excessive fines and to submit requests for regulatory review. *Review every proposed state agency rule and either approve or reject such rule. *Submit an annual report to the Governor and Legislature with recommen- dations on repealing or amending rules, regulatory process and permit requirements it deems necessary to lower costs for local governments, school districts, and businesses or promote economic growth. Require those recommendations to take effect unless rejected by the Governor or by a concurrent resolution of the Legislature. *Produce an annual report on the regulatory reform actions proposed and implemented and their estimated or actual cost savings to the taxpayer. *Prepare or have prepared a comprehensive study to measure and report the cost of regulations to businesses throughout New York State. Sections 3 through 5. Change the makeup of the joint legislative Admin- istrative Regulations Review Commission to eight members, with two members appointed by each of the four legislative leaders, and authorize the Commission to review legislation and laws that require the promulga- tion of rules and make recommendations for action by the Legislature. Section 6. Implements "Regulatory Wednesdays," requiring the joint legislative Administrative Regulations Review Commission, to meet on Wednesdays, which are scheduled Session Days and to and make recommenda- tions for regulatory reform. Also, requires the Legislature to take up any legislation approved by the Commission prior to taking up any other legislation, unless such action is waived by a majority vote. Section 7: Includes a new Article 2-a of the State Administrative Proce- dure Act to implement a two-for-one rule reduction requirement. This section requires agencies to identify two existing rules or regulations to be repealed for each new rule or regulation proposed. Agencies are required to ensure the fiscal impact of the rules to be eliminated is equal to or greater than the fiscal impact of the new rule on taxpayers. Exceptions to these requirements may be made for rules necessary for the health, safety,'and welfare of New York residents. Section 8. Contains a severability clause. Section 9. Contains the effective date.   JUSTIFICATION: Since the Governor's Office of Regulatory Reform was eliminated in the 2011-12 Enacted Budget, there is no entity in New York State policing the regulations state agencies impose on local governments, school districts and businesses. Some costly, burdensome regulations are detri- mental to businesses and hurt the local taxpayers. This legislation will establish a Division of Regulatory Review and Economic Growth, led by an independent Commissioner, to review regu- lations and eliminate those that do not promote economic growth or are not vital to protect the health and safety of the public. This legislation will also require the joint legislative Administrative Regulations Review Commission to take a more active role in regulatory review in the Assembly and Senate. Regulatory reform will ensure that state agencies are working to support New York businesses and families. Modeled after actions on the federal level and in other states, this legislation also implements a "two-for-one" rule reduction requirement mandating State agencies to identify two existing rules or regulations to be repealed for each new rule or regulation imposed to ensure protections for taxpayers.   PRIOR LEGISLATIVE HISTORY: A.5389 (2023-24) Held in Governmental Operations A.4717 (2021-22) Held in Governmental Operations A.4112 (2019-20) Held in Governmental Operations A.5720 (2017-18) Held in Governmental Operations A.4117 (2015-16) Held in Governmental Operations A.5044 (2013-14) Held in Governmental Operations A.10419 (2011-12) Referred to Governmental Operations   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law
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