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.
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
