S T A T E   O F   N E W   Y O R K
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                                  5731

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by M. of A. JORDAN, CROUCH, BARCLAY, FINCH, DUPREY, McLAUGH-
  LIN, McKEVITT, HAWLEY, TENNEY, McDONOUGH, MONTESANO -- Multi-Sponsored
  by -- M. of A. GOODELL, LOSQUADRO, PALMESANO, REILICH, WALTER --  read
  once and referred to the Committee on Governmental Operations

AN  ACT  to amend the state administrative procedure act, in relation to
  requiring that a regulatory impact statement be accompanied with proof
  of legislative approval and permitting certain  elected  officials  to
  challenge the accuracy of a regulatory impact statement

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

  Section 1. Paragraph (c) of subdivision 3  of  section  202-a  of  the
state  administrative  procedure  act,  as amended by chapter 520 of the
laws of 1992, is amended to read as follows:
  (c) Costs. A statement detailing the  projected  costs  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] AND
  (iv) A STATEMENT  DETAILING  AN  AGGREGATE  ESTIMATE  OF  TOTAL  COSTS
INCURRED  BY  RESIDENTS, BUSINESSES, LOCAL MUNICIPALITIES, AND ANY OTHER
PARTIES POTENTIALLY IMPACTED BY THE PROPOSED REGULATIONS; OR
  (V) 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06516-01-3

              

A. 5731                             2

  S 2.  Section 203 of the state administrative procedure act is amended
by adding two new subdivisions 5 and 6 to read as follows:
  5.    VILLAGE  MAYORS,  TOWN  SUPERVISORS,  COUNTY EXECUTIVES, AND ANY
ELECTED STATE OFFICIAL MAY CHALLENGE THE ACCURACY OF A REGULATORY IMPACT
STATEMENT DEVELOPED BY AN AGENCY IN ACCORDANCE WITH  THE  PROVISIONS  OF
PARAGRAPH  (C) OF SUBDIVISION THREE OF SECTION TWO HUNDRED TWO-A OF THIS
ARTICLE. SUCH CHALLENGE SHALL BE FILED WITH  THE  GOVERNOR'S  OFFICE  OF
REGULATORY  REFORM AND SHALL CONTAIN SPECIFIC INFORMATION CONCERNING THE
PURPOSE OF SUCH CHALLENGE AND ANY EVIDENCE TO  SUPPORT  SUCH  CHALLENGE.
THE  GOVERNOR'S  OFFICE OF REGULATORY REFORM SHALL HAVE NINETY DAYS UPON
RECEIPT OF SUCH CHALLENGE TO ISSUE A BINDING  DETERMINATION  AS  TO  THE
ACCURACY OF SUCH REGULATORY IMPACT STATEMENT.
  6. IF A REGULATORY IMPACT STATEMENT FOR A PROPOSED REGULATION CONTAINS
A  COST, AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION TWO
HUNDRED TWO-A OF THIS ARTICLE, IN EXCESS OF FIVE MILLION  DOLLARS,  SUCH
REGULATION SHALL BE ACCOMPANIED WITH PROOF OF LEGISLATIVE APPROVAL PRIOR
TO  FILING SUCH REGULATION WITH THE SECRETARY OF STATE. SUCH PROOF SHALL
CONSIST OF A CERTIFIED COPY OF A FLOOR VOTE SUPPLIED BY THE CLERK OF THE
ASSEMBLY OR THE SECRETARY OF THE  SENATE  FOR  THEIR  RESPECTIVE  HOUSES
DEMONSTRATING A MAJORITY OF THE MEMBERSHIP VOTING IN THE AFFIRMATIVE FOR
THE ADOPTION OF THE PROPOSED REGULATION.
  S 3. This act shall take effect immediately.