Cut Red Tape, Create Jobs

 
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ALBANY, 06/10/13 -- State Senator James L. Seward (R/C/I – Oneonta) today announced senate approval of legislation he sponsored to allow the legislature to eliminate or amend state regulations that overstep their original intent.  The bill (S.3462) was part of a bi-partisan senate package aimed at ridding New York State of unnecessary government regulations that inhibit job creation and drive up local property taxes.

“The senate regulatory reform package will make New York more competitive, and help businesses create jobs by eliminating needless and costly regulations that limit economic growth,” said Senator Seward.  “The plan would help combat the state’s high cost of doing business and would be beneficial to existing employers as well as a real incentive to lure new companies to our borders.”

The senate measures would:

  • Establish a task force to conduct a complete review of the State Administrative Procedure Act (SAPA) and regulatory review process;
  • Eliminate 1,000 burdensome regulations on businesses;
  • Give the senate’s Administrative Regulations and Review Commission more oversight authority in the rulemaking process to ensure state agencies do not overstep their authority in implementing rules and regulations; 
  • Stop unfunded state mandates on local governments and school districts; and
  • Require state agencies to provide more information on the costs and benefits of new rules.

 

Along with enacting the reform legislation, the senate will also conduct industry specific public hearings across the state.  The hearings will provide the opportunity for business owners and local elected officials to “go on the record” with their chief complaints and specific solutions.

“By taking a proactive approach to learn more about the obstacles business owners and local governments now face we can make a strong case for eliminating these roadblocks to growth.  New York needs to shed its reputation as a high cost of doing business state.

“Lower taxes on manufacturers, workers compensation and unemployment insurance reforms, and expanded agriculture marketing plans are among the items already advanced this year that will improve our state’s economic position.  Adding regulatory reform measures will further enhance New York’s ability to retain current businesses and attract new employers,” Seward concluded.

 

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Attached is a complete list of the senate regulatory reform bills approved today.

 

(S5519A, Sponsored by Senator Griffo) Establishes an 11-member, Berger Commission-style joint Task Force to perform a review and make recommendations relating to the necessity for each rule, regulation and public authority.  The Task Force would be established every 10 years, beginning in 2014, to review current rules, regulations and public authorities.  The panel would make recommendations the following year to eliminate rules and regulations it deems unnecessary. The Task Force recommendations would be binding, unless the Legislature rejected them, all or in part, by concurrent resolution.

(S5657, Senators Gallivan, Marchione and Carlucci) Creates a 19-member joint task force to undertake a thorough review of the 142-page State Administrative Procedure Act (SAPA) and regulatory review process since the Governor’s Office of Regulatory Reform has been disbanded for over two years.  This law, which sets out the process used by state agencies to establish rules and regulations, was enacted in 1975 and since then, there has been no comprehensive review of the law. 

(S5166, Senator Marchione) Directs the Governor to repeal at least 1,000 regulations that place a burden on economic development and business by April 1, 2014. This measure was included in the Senate Republican’s “Blueprint for Jobs” economic development plan earlier this year. When this process is complete, the Berger Commission-syle Task Force will begin its own review of existing rules and regulations. 

(S1294, Senator Griffo) Prohibits state mandates on local governments and school districts unless they are fully funded by the state. 

(S5161, Senator Marchione) Gives the Administrative Regulations Review Commission (ARRC) more oversight authority in the rulemaking process and would give ARRC the authority to bring suit against an agency for a regulation that is in violation of state law. 

(S3462, Senator James Seward, R-C-I, Oneonta) Proposes a constitutional amendment to allow the Legislature to invalidate regulations that are not consistent with legislative intent or which are likely to have a substantial unanticipated fiscal impact on the state or local governments.

(S1564, Senator Kenneth LaValle, R-C-I, Port Jefferson) Requires the Regents to include certain information with respect to increased costs when altering or amending rules or regulations.  

(S4302A, Senator Patty Ritchie, R-C, Heuvelton) Streamlines the license application and renewal process for supermarket chains and other food chain stores.

(S5536, Senator George Maziarz, R-C, Newfane) Provides new incentives to facilitate the extension of existing natural gas lines to under-served businesses and consumers to spur economic development and job creation. 

(S5553, Senator David Valesky, D, Oneida) Requires state agencies to provide expanded information on the costs and benefits associated with an agency proposal.

(S1784, Senator Carlucci) Amends SAPA to authorize a group of businesses that are regulated by a state agency, or a representative of such businesses to petition a state agency for alternate methods of implementing a regulatory mandate that restricts the conducting or management of a business. 

(S3246, Senator Carlucci) Facilitates electronic submission of documents by allowing state agencies to substitute affirmations for sworn oaths in permit applications.

(S3245, Senator Carlucci) Eliminates the requirement to provide free hard copies of the State Register to entities that opt to receive a free online version instead.

(S2160, Senator Valesky) Requires state agencies to actively solicit comments from those who may be adversely affected by a rule proposed by SAPA and seek opinions on the administrative and/or financial burdens it may place on a regulated entity.