assembly Bill A487A

Vetoed

Provides for the detailing of the benefits and costs of proposed rules in the regulatory impact statements

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Sponsor

MAGNARELLI

Co-Sponsors

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Multi-Sponsors

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 06 / May / 2013
    • AMEND AND RECOMMIT TO GOVERNMENTAL OPERATIONS
  • 06 / May / 2013
    • PRINT NUMBER 487A
  • 04 / Jun / 2013
    • REPORTED REFERRED TO RULES
  • 10 / Jun / 2013
    • REPORTED
  • 10 / Jun / 2013
    • RULES REPORT CAL.68
  • 10 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.68
  • 10 / Jun / 2013
    • PASSED ASSEMBLY
  • 10 / Jun / 2013
    • DELIVERED TO SENATE
  • 10 / Jun / 2013
    • REFERRED TO RULES
  • 10 / Jun / 2013
    • SUBSTITUTED FOR S5553
  • 10 / Jun / 2013
    • 3RD READING CAL.1038
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 01 / Nov / 2013
    • DELIVERED TO GOVERNOR
  • 13 / Nov / 2013
    • VETOED MEMO.240
  • 14 / Nov / 2013
    • TABLED

Summary

Provides for the detailing of the benefits and costs of proposed rules in the regulatory impact statements to ensure proper disclosure to the public of such information.

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Bill Details

See Senate Version of this Bill:
S5553
Versions:
A487
A487A
Legislative Cycle:
2013-2014
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd ยงยง202 & 202-a, St Ad Proc Act
Versions Introduced in Previous Legislative Cycles:
2011-2012: A6187, A6187
2009-2010: A2941, A2941
2007-2008: A766, A766
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 487--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI -- Multi-Sponsored by -- M. of A.
  GALEF, MAGEE, MORELLE, SCHIMMINGER, TENNEY -- read once  and  referred
  to  the  Committee on Governmental Operations -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to amend the state administrative procedure act, in relation to
  detailing the benefits and  costs  of  proposed  rules  in  regulatory
  impact statements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The legislature finds that many  rules  of  state  agencies
have  a  substantial  impact  on  the lives of the public, and therefore
should be adopted through a process which provides for open and reasoned
consideration of the potential costs and benefits of regulatory  action.
To  this  end,  the  statutes governing the rulemaking process should be
improved to ensure that agency assessments of the costs and the benefits
of proposed rules are reasonably accurate and comprehensive.
  S 2. Paragraph (b) of subdivision 4-a of  section  202  of  the  state
administrative  procedure  act,  as  added by chapter 335 of the laws of
1992, is amended to read as follows:
  (b) Each agency shall publish and make  available  to  the  public  an
assessment  of public comment for a rule revised pursuant to this subdi-
vision. Such assessment shall be based upon any written comments submit-
ted to the agency and any comments presented at any public hearing  held
on  the proposed rule by the agency. The assessment shall contain: (i) a
summary and an analysis of the issues raised  and  significant  alterna-
tives  suggested  by  any such comments; (ii) a statement of the reasons
why any significant alternatives were not incorporated  into  the  rule;
and  (iii)  a description of any changes made in the rule as a result of
such comments. IF ANY COMMENTS INCLUDED ESTIMATES OF PROJECTED COSTS  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01500-03-3

A. 487--A                           2

BENEFITS  OF  THE PROPOSED RULE TO THE STATE, LOCAL GOVERNMENTS OR REGU-
LATED OR OTHERWISE AFFECTED PERSONS OR ENTITIES, WHICH DIFFERED  SIGNIF-
ICANTLY  FROM  THOSE  PRESENTED  BY  THE AGENCY IN ITS REGULATORY IMPACT
STATEMENT,  REGULATORY  FLEXIBILITY  ANALYSIS, OR RURAL AREA FLEXIBILITY
ANALYSIS, THE ASSESSMENT SHALL ALSO SUMMARIZE THE AGENCY'S ASSESSMENT OF
SUCH ESTIMATES. COPIES OF COMMENTS WHICH INCLUDE ESTIMATES OF  PROJECTED
COSTS OR BENEFITS WHICH DIFFER SIGNIFICANTLY FROM THE AGENCY'S ESTIMATES
SHALL  ACCOMPANY  THE  ASSESSMENT OF PUBLIC COMMENT DISTRIBUTED WITH THE
RULE MAKING NOTICE PURSUANT TO PARAGRAPH (A)  OF  SUBDIVISION  SIX-A  OF
THIS  SECTION.  If no comments have been received, the notice of revised
rule making shall state that no comments were received  by  the  agency.
Any  subsequent assessment published pursuant to this paragraph or para-
graph (b) of subdivision five of this section need only include comments
not addressed in any previously published assessment of  public  comment
for  the rule; provided, however, that the notice of revised rule making
or adoption shall contain the date any previous notice of  revised  rule
making  containing  an assessment of public comment was published in the
state register.
  S 3. Paragraph (b) of subdivision 5 of section 202 of the state admin-
istrative procedure act, as amended by chapter 171 of the laws of  1994,
is amended to read as follows:
  (b)  Except  with  respect to any rule defined in subparagraph (ii) of
paragraph (a) of subdivision two of section  one  hundred  two  of  this
chapter,  each  agency shall publish and make available to the public an
assessment of public comment for a rule adopted pursuant to this  subdi-
vision or paragraph (e) of subdivision six of this section. Such assess-
ment  shall  be  based upon any written comments submitted to the agency
and any comments presented at any public hearing held  on  the  proposed
rule  by  the agency. The assessment shall contain: (i) a summary and an
analysis of the issues raised and significant alternatives suggested  by
any  such  comments, (ii) a statement of the reasons why any significant
alternatives were not incorporated into the rule and (iii) a description
of any changes made in the rule as a result of  such  comments.  If  any
comments  included  estimates  of  projected  costs  OR  BENEFITS of the
proposed rule to the state, local governments or regulated OR  OTHERWISE
AFFECTED  persons  OR  ENTITIES, which differed significantly from those
presented by the agency in its regulatory impact  statement,  regulatory
flexibility analysis, or rural area flexibility analysis, the assessment
shall  also summarize the agency's assessment of such estimates.  COPIES
OF COMMENTS WHICH INCLUDE ESTIMATES OF PROJECTED COSTS OR BENEFITS WHICH
DIFFER SIGNIFICANTLY FROM THE AGENCY'S  ESTIMATES  SHALL  ACCOMPANY  THE
ASSESSMENT  OF  PUBLIC  COMMENT  DISTRIBUTED WITH THE RULE MAKING NOTICE
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SIX-A OF THIS  SECTION.  If  no
comments  have been received, the notice of adoption shall state that no
comments were received by the agency. Comments submitted or presented to
the agency by a legislative committee or commission or by  a  member  or
members of the senate or assembly shall be considered public comment and
shall be summarized and analyzed in the assessment.
  S  4. Paragraphs (b), (c) and (d) of subdivision 3 of section 202-a of
the state administrative procedure act,  paragraph  (b)  as  amended  by
chapter 229 of the laws of 2000 and paragraphs (c) and (d) as amended by
chapter 520 of the laws of 1992, are amended to read as follows:
  (b)  Needs  and  benefits.  A  statement setting forth the purpose of,
necessity for, and benefits derived from the rule[, a citation  for  and
summary, not to exceed five hundred words, of each scientific or statis-
tical  study,  report or analysis that served as the basis for the rule,

A. 487--A                           3

an explanation of how it was used to determine  the  necessity  for  and
benefits derived from the rule, and the name of the person that produced
each study, report or analysis] WHICH SHALL INCLUDE:
  (I)  INFORMATION  IDENTIFYING THE CLASSES OF PERSONS OR ENTITIES WHICH
WOULD BENEFIT FROM THE RULE;
  (II) AN ASSESSMENT, INCLUDING THE  UNDERLYING  ANALYSIS,  OF  BENEFITS
ANTICIPATED  FROM THE RULE; INCLUDING, BUT NOT LIMITED TO, ANY DIRECT OR
INDIRECT BENEFITS FOR THE ECONOMY AND PRIVATE MARKETS, HEALTH AND  SAFE-
TY,  THE  NATURAL  ENVIRONMENT,  AND  THE  ELIMINATION  OR  REDUCTION OF
DISCRIMINATION OR BIAS, AND  ANY  OTHER  SIGNIFICANT  BENEFITS.  TO  THE
EXTENT  FEASIBLE, THE ASSESSMENT SHALL INCLUDE A QUANTIFICATION OF THOSE
BENEFITS AND DESCRIBE THE SOURCES OF INFORMATION AND METHODOLOGY  UNDER-
LYING  SUCH QUANTIFICATION. WHERE IT IS DIFFICULT OR IMPOSSIBLE TO QUAN-
TITY BENEFITS, THE ASSESSMENT SHALL INCLUDE A  QUALITATIVE  ANALYSIS  OF
SUCH BENEFITS; AND
  (III) A CITATION FOR AND SUMMARY, NOT TO EXCEED FIVE HUNDRED WORDS, OF
EACH  SCIENTIFIC OR STATISTICAL STUDY, REPORT OR ANALYSIS THAT SERVED AS
THE BASIS FOR THE RULE, AN EXPLANATION OF HOW IT WAS USED  TO  DETERMINE
THE  NECESSITY  FOR  AND BENEFITS DERIVED FROM THE RULE, AND THE NAME OF
THE PERSON THAT PRODUCED EACH STUDY, REPORT OR ANALYSIS;
  (c) Costs. A statement detailing the projected [costs] COST IMPACTS of
the rule[, which shall indicate:
  (i) the costs for the implementation  of,  and  continuing  compliance
with, the rule to regulated persons;
  (ii) the costs for the implementation of, and continued administration
of,  the  rule to the agency and to the state and its local governments;
and
  (iii) the information, including the source or sources of such  infor-
mation, and methodology upon which the cost analysis is based; or
  (iv) where an agency finds that it cannot fully provide a statement of
such  costs,  a  statement  setting forth its best estimate, which shall
indicate the information and methodology upon which such  best  estimate
is  based and the reason or reasons why a complete cost statement cannot
be provided;] ON PERSONS OR ENTITIES WHO  WOULD  BE  DIRECTLY  REGULATED
UNDER THE RULE, PERSONS OR ENTITIES WHO WOULD NOT BE REGULATED BUT WOULD
OTHERWISE  BE  SIGNIFICANTLY  AFFECTED  BY  THE  RULE, AND ON THE AGENCY
PROPOSING THE RULE, OTHER STATE ENTITIES  AND  LOCAL  GOVERNMENTS.  SUCH
STATEMENT  SHALL  INCLUDE AN ASSESSMENT, INCLUDING THE UNDERLYING ANALY-
SIS, OF INITIAL AND CONTINUING COSTS  ANTICIPATED  TO  RESULT  FROM  THE
RULE,  INCLUDING,  BUT NOT LIMITED TO, THE DIRECT COSTS TO GOVERNMENT IN
ADMINISTERING THE RULE AND TO BUSINESSES AND OTHERS  IN  COMPLYING  WITH
THE  RULE,  AND  ANY ADVERSE EFFECTS ON THE EFFICIENT FUNCTIONING OF THE
ECONOMY,  PRIVATE  MARKETS  (INCLUDING  PRODUCTIVITY,  EMPLOYMENT,   AND
COMPETITIVENESS), HEALTH, SAFETY, AND THE NATURAL ENVIRONMENT, AND OTHER
SIGNIFICANT  COSTS. TO THE EXTENT FEASIBLE, THE ASSESSMENT SHALL INCLUDE
A QUANTIFICATION OF THOSE COSTS AND DESCRIBE THE SOURCES OF  INFORMATION
AND METHODOLOGY UNDERLYING SUCH QUANTIFICATION. WHERE IT IS DIFFICULT OR
IMPOSSIBLE TO QUANTIFY COSTS, THE ASSESSMENT SHALL INCLUDE A QUALITATIVE
ANALYSIS OF SUCH COSTS;
  (d)  Paperwork.  A  statement  describing  the  need for any reporting
requirements, including forms and other paperwork AND ANY  REPORTING  BY
ELECTRONIC MEDIA, which would be required as a result of the rule;
  S  5.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law, and shall apply
to any rule for which a notice of proposed rule making or  a  notice  of
emergency adoption is first prepared on or after such effective date.

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