S T A T E O F N E W Y O R K
________________________________________________________________________
6187
2011-2012 Regular Sessions
I N A S S E M B L Y
March 9, 2011
___________
Introduced by M. of A. MAGNARELLI -- Multi-Sponsored by -- M. of A.
DESTITO, GALEF, MAGEE, MORELLE, SCHIMMINGER -- read once and referred
to the Committee on Governmental Operations
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 OF
THE PROPOSED RULE TO THE STATE, LOCAL GOVERNMENTS OR REGULATED PERSONS,
WHICH DIFFERED SIGNIFICANTLY FROM THOSE PRESENTED BY THE AGENCY IN ITS
REGULATORY IMPACT STATEMENT, REGULATORY FLEXIBILITY ANALYSIS, OR RURAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04106-01-1
A. 6187 2
AREA FLEXIBILITY ANALYSIS, THE ASSESSMENT SHALL ALSO SUMMARIZE THE AGEN-
CY'S ASSESSMENT OF SUCH ESTIMATES. COPIES OF COMMENTS WHICH INCLUDE
ESTIMATES OF PROJECTED COSTS WHICH DIFFER SIGNIFICANTLY FROM THE AGEN-
CY'S ESTIMATES SHALL ACCOMPANY THE ASSESSMENT OF PUBLIC COMMENT DISTRIB-
UTED WITH THE RULE MAKING NOTICE PURSUANT TO PARAGRAPH (A) OF SUBDIVI-
SION 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 paragraph (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 of the proposed rule to
the state, local governments or regulated persons, which differed
significantly from those presented by the agency in its regulatory
impact statement, regulatory flexibility analysis, or rural area flexi-
bility analysis, the assessment shall also summarize the agency's
assessment of such estimates. COPIES OF COMMENTS WHICH INCLUDE ESTI-
MATES OF PROJECTED COSTS 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,
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. THE STATEMENT SHALL IDENTIFY THE CLASS-
ES OF PERSONS OR ENTITIES WHICH WOULD BENEFIT FROM ADOPTION OF THE RULE,
A. 6187 3
SHALL BRIEFLY DESCRIBE THE NATURE OF THE BENEFITS WHICH SUCH CLASSES OF
PERSONS OR ENTITIES WOULD DERIVE THEREBY, AND SHALL INDICATE THE INFOR-
MATION AND METHODOLOGY UPON WHICH ITS ANALYSIS OF THE BENEFITS IS BASED;
(c) Costs. A statement detailing the projected [costs] COST IMPACTS,
INCLUDING OPPORTUNITY COSTS AND OTHER NON-MONETARY COSTS AS WELL AS
MONETARY COST, of the rule, which shall indicate:
(i) [the] ANY POSITIVE OR ADVERSE IMPACTS ON costs for the implementa-
tion of, and continuing compliance with, the rule to regulated persons;
(ii) [the] ANY POSITIVE OR ADVERSE IMPACTS ON costs for the implemen-
tation of, and continued administration of, the rule to the agency and
to the state and its local governments; and
(iii) ANY POSITIVE OR ADVERSE IMPACTS ON COSTS OF PERSONS OR ENTITIES
WHO ARE NOT REGULATED PERSONS BUT ARE OTHERWISE AFFECTED BY THE RULE;
AND the information, including the source or sources of such informa-
tion, 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;]
(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 revised rule making or a notice of
adoption is first prepared on or after such date.