Authorizes a group of businesses that are regulated by a state agency or a representative of such businesses to petition the state agency for alternate methods for implementing a regulatory mandate that restricts the conducting or management of business in this state.
STATE OF NEW YORK
________________________________________________________________________
2649
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the state administrative procedure act, in relation to
authorizing regulated businesses to petition a state agency for an
alternate method of implementing a regulatory mandate
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 204-a of the state administrative procedure act,
2 as added by chapter 479 of the laws of 2001, is amended to read as
3 follows:
4 § 204-a. Alternate methods for implementing regulatory mandates. 1. As
5 used in this section:
6 (a) "local government" means any county, city, town, village, school
7 district, fire district or other special district;
8 (b) "regulated businesses" means any group of businesses of a similar
9 type or trade, or from the same region or area of the state, or any
10 group of businesses within the state, that are subject to the regulation
11 of any agency. Such term shall include any entity or group which repres-
12 ents such businesses;
13 (c) "regulatory mandate" means any rule which (i) requires one or more
14 local governments to create a new program, increase the level of service
15 for an existing program or otherwise comply with mandatory requirements;
16 or (ii) regulates the conducting and management of any business in this
17 state; and
18 [(c)] (d) "petition" means a document submitted by a local government
19 seeking approval of an alternate method for implementing a regulatory
20 mandate.
21 2. A petition shall include:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01956-01-7
S. 2649 2
1 (a) an indication that submission has been approved by the governing
2 body of the local government or by an officer duly authorized by the
3 governing body to do so;
4 (b) an identification of the regulatory mandate which is the subject
5 of the petition and information sufficient to establish that the
6 proposed alternate method of implementation is consistent with and will
7 effectively carry out the objectives of the regulatory mandate;
8 (c) information on the process used by the local government to ensure
9 that all stakeholders have been appropriately involved in the process of
10 developing the alternate method, including where relevant the date of
11 any hearing, forum or other meeting to seek input on the alternate meth-
12 od;
13 (d) documentation that the petition has been submitted to the author-
14 ized agents of any certified or recognized employee organizations
15 representing employees who would be effected by implementation of the
16 alternate method;
17 (e) a proposed plan and timetable for compiling and reporting informa-
18 tion to facilitate evaluation of the effectiveness of the alternate
19 method;
20 (f) if the state provides financial assistance for complying with the
21 regulatory mandate, any proposed amount or percentage of such assistance
22 which would be returned to the state due to savings from implementing
23 the alternate method; and
24 (g) the name, public office address and telephone number of the repre-
25 sentative of the local government who will coordinate requests for addi-
26 tional information on the petition.
27 2-a. Regulated businesses may seek approval for an alternate method of
28 implementing a regulatory mandate by submitting to the appropriate state
29 agency a petition which shall include but not be limited to:
30 (a) for each involved regulated business, an indication that
31 submission has been approved by the owner or governing body of the regu-
32 lated business to do so;
33 (b) an identification of the regulatory mandate which is the subject
34 of the petition;
35 (c) information sufficient to establish that the proposed alternate
36 method of implementation is consistent with and will effectively carry
37 out the objectives of the regulatory mandate; and
38 (d) the name, business address and telephone number of the represen-
39 tative of the regulated businesses who will coordinate requests for
40 additional information on the petition.
41 3. Two or more local governments may submit a petition jointly,
42 provided that each local government meets the requirements of paragraphs
43 (a), (c), (d) and (g) of subdivision two of this section, and provided
44 that the petition addresses the manner in which responsibility for
45 implementation will be allocated between or among the participating
46 local governments.
47 4. The agency shall cause a notice of the petition to be published in
48 the state register and shall receive comments on the petition for a
49 period of thirty days. Such notice shall either include the full text of
50 the information set forth in the petition or shall set forth the address
51 of a website on which the full text has been posted. The notice shall
52 include the name, public office or business address and telephone
53 number, and may include a fax number and electronic mail address, of an
54 agency representative from whom additional information on the petition
55 can be obtained and to whom comments on the petition may be submitted.
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1 5. (a) Not later than thirty days after the last day of the comment
2 period, the agency shall approve or disapprove the petition. The agency
3 may approve the petition without change or with such conditions or
4 modifications as the agency deems appropriate. Notice of the agency
5 determination shall be provided in writing to the local government or
6 regulated businesses and shall be published in the state register. The
7 agency shall not grant a petition unless it determines that the petition
8 has met the requirements of subdivision two or two-a of this section and
9 that the local government [has] or regulated businesses have established
10 that the alternate method is consistent with and will effectively carry
11 out the objectives of the regulatory mandate; provided, however, that no
12 petition shall be approved which would result in the [contravention]
13 diminution or abatement of any environmental, health or safety standard
14 or would reduce any benefits or rights accorded by law or rule to third
15 parties. In approving a petition, an agency may waive a statutory
16 provision only if it is specifically authorized by law to waive such
17 provision. An approval shall include a timetable for agency evaluation
18 of the effectiveness of the alternate method.
19 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
20 sion, upon receipt of an objection to a petition from the authorized
21 agent of any certified or recognized employee organization representing
22 employees who would be affected by implementation of the alternate meth-
23 od, the agency shall provide any such organizations with an opportunity
24 for a hearing. If an adjudicatory proceeding is requested, the petition
25 shall not be approved unless the agency determines by a preponderance of
26 the evidence that implementing the alternate method would not affect
27 such employees by contravening any environmental, health or safety stan-
28 dard, reducing any rights or benefits or violating the terms of any
29 negotiated agreement, and that all other requirements of this section
30 have been met. The provisions of this subdivision are in addition to and
31 shall not be construed to impair or modify any rights of such employees
32 under any other law, regulation or contract.
33 6. Nothing in this section shall require a local government or regu-
34 lated businesses to commence or continue an alternate method of imple-
35 mentation if it determines in its sole discretion not to do so, except
36 to the extent that a local government [has] or regulated businesses have
37 committed to commencing or continuing an alternate method in a joint
38 petition submitted pursuant to subdivision three of this section. A
39 state agency may rescind its approval of a petition at any time if it
40 determines, based on the information reported pursuant to paragraph (e)
41 of subdivision two of this section or other information available to it,
42 that the alternate method is not effectively carrying out the objectives
43 of the regulatory mandate or is being implemented in a manner detri-
44 mental to the public interest.
45 7. Notwithstanding any other provision of law, implementation of an
46 alternate method approved by an agency pursuant to this section shall be
47 deemed to lawfully meet all requirements of the regulatory mandate. An
48 agency shall retain the authority to enforce compliance with the alter-
49 nate method in the same manner as it may enforce compliance with the
50 underlying rule. Any action on a petition by a state agency shall be
51 subject to review pursuant to article seventy-eight of the civil prac-
52 tice law and rules.
53 8. In accordance with the timetable established pursuant to subdivi-
54 sion four of this section, the agency shall evaluate the effectiveness
55 of the alternate method in carrying out the objectives of the regulatory
56 mandate. The evaluation shall identify any savings or other benefits,
S. 2649 4
1 and any costs or other disadvantages, of implementing the alternate
2 method, and shall address the desirability of incorporating the alter-
3 nate method into the rules of the agency. Notice of availability of the
4 evaluation shall be published in the state register.
5 § 2. This act shall take effect on the first of January next succeed-
6 ing the date on which it shall have become a law.
