senate Bill S1108A

2013-2014 Legislative Session

Relates to regulatory flexibility and review of rules

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Mar 06, 2013 print number 1108a
amend and recommit to finance
Jan 09, 2013 referred to finance

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1108 - Bill Details

See Assembly Version of this Bill:
A1830A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §104, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S3943

S1108 - Bill Texts

view summary

Provides that the secretary of state shall provide oversight over the regulatory processes of state agencies, public authorities, and commissions through the review, analysis, and revision of proposed and existing rules.

view sponsor memo
BILL NUMBER:S1108

TITLE OF BILL:

An act
to amend the executive law, in relation to regulatory flexibility and
review of rules

PURPOSE:

This legislation is intended to foster jobs, investment and economic
activity by ensuring that the state's regulatory requirements avoid
undue deleterious economic effects or overly burdensome impacts upon
persons and the economy.

SUMMARY OF PROVISIONS:

The bill requires the Secretary of State to provide oversight over the
regulatory processes of state agencies, public authorities, and
commissions through the review, analysis, and revision of proposed
and existing rules in a manner that includes actions, such as:

o Ensuring that regulations faithfully execute the laws of the state,
without unduly burdening the state's economy and regulated parties
and without imposing deleterious costs and requirements on the
businesses, local governments and citizens of this state;

o Conducting an assessment or requiring the assessment of the
cumulative impact of rules on the state's policies, programs and
regulations in the areas of energy, economic development, and the
environment;

o Conducting an assessment or requiring the assessment of the
cumulative impact of the state's environmental policies, programs,
and regulations on the state's economic development and on the
implementation of state's energy policies, programs and regulations;

o Issuing or requiring the issuance of a regulatory flexibility
analysis and assessment of the economic and technological feasibility
of compliance with rules, as well as an evaluation, to the fullest
extent possible, of the fiscal impact of rules that impose a mandate;

o Giving preference to the least costly and least burdensome
regulatory and paperwork requirements;

o Favoring market-oriented solutions and performance standards
over a command-and-control approach to implementing regulations; and

o Convening a negotiated rulemaking, wherein interested parties and
the involved agency, public authority, or commission, with the
assistance of a neutral facilitator, negotiate to reach consensus on
the terms of rules.
Additionally, the legislation would require the· Secretary of State to
make recommendations for simplifying the rulemaking process and for
the amendment or repeal of any existing rule that may be (1)
obsolete, (2) harmful to the economy or job growth in the state,
(3) excessive in view of state or federal statutes and regulations,


(4) economically and/or
technologically infeasible, and! or (5) a threat to the reliability of
the energy system.

Furthermore, the bill would require state agencies, public
authorities, and commissions, which are the subject of the
recommendations of the Secretary of State, to propose regulations or
revisions to their rules and policies to incorporate those
recommendations.

EXISTING LAW:

Section 104 of the Executive Law encourages the Secretary of State to
cooperate with state entities on the content of rulemakings.

Executive Order
20 of 1995 established the Governor's Office of
Regulatory Reform (GORR), which is an office designed to improve the
state's regulatory process, Executive Order
20 was continued by
Executive Order
2 of 2011; however, the 2011-2012 Executive Budget
proposes the elimination of GORR. This legislation would transfer the
core elements of GORR's power's and duties to the Secretary of State"

Executive Order
2 of 2008 also was continued by Executive Order
2
of 2011, established a State Energy planning Board and authorized the
creation and implementation of a State Energy plan. Among other
provisions, this order provided that State Energy Plan include an
"assessments of state environmental policies and programs, which
impact the state's development and implementation of energy policy
and programs."

In addition, Executive Order
25 of 2009 was continued by Executive
Order
2 of 2011 and established a Regulatory Review and Reform
Program, This initiative is intended to evaluate, reform, or repeal,
where necessary, rules and paperwork requirements, in order to
reduce substantially unnecessary burdens, costs and inefficiencies to
improve the state's economy, while maintaining appropriate
protections for public health, safety and welfare and the conduct of
business.

JUSTIFICATION:

Section 3-101 of the New York State Energy Law describes state energy
policy as having a comprehensive balance among energy, environmental
and economic development components. Also, publications from the fall
of 2010 identified the need for a balanced approach to energy,
environmental and economic development issues, as well as noted the
need to reduce the high costs of doing business in the state, to have
an improved regulatory environment, and to reduce regulatory burdens.


However, the 2009 State Energy plan contains an Issue Brief,
Environmental Impact and Regulation of Energy Systems, which fails
significantly to accomplish the directive for the conduct of the
assessment pursuant to Executive Order
2 of 2008. The Issue Brief
does not contain an analysis of the cumulative impact of the layering
of DEC's regulations on fuel diversity and energy system reliability
but just includes a recitation of the provisions of existing programs.

Additionally, pursuant to Executive Order
25 of 2009, the
evaluation
of the New York State Department of Environmental Conservation's
(DEC) regulations identified only five regulatory areas for
additional amendments, despite numerous public comments of the
onerous nature of many DEC regulations. In particular, the DEC
identified for additional amendment two regulations that already had
expired and were replaced with another regulatory requirement. As a
result, the DEC failed to focus on its regulations that have unclear
compliance pathways.

Through the State Energy planning Process and the public comment
processes of individual rulemakings, many significant concerns have
been expressed about the specific and cumulative ,impacts that arise
from the layering of environmental regulations on the state's
electricity producers and correspondingly on the diversity of fuels
used to manufacture electricity in a reliable and cost-effective
manner, Over the course of the last two years, ten regulatory
initiatives were adopted, without a cumulative impact evaluation, and
seventeen more are pending this year.
These regulations, plans and policies place additional constraints on
electric generating units, and the cumulative effect of the layering
of all these actions impacts New York's energy policy.

The state must focus its attention on the cumulative impacts that the
layering of regulatory initiatives causes the electricity industry
and other sectors in the state, most importantly the increased cost
of and
potentially decreased reliable supply of energy for the state's
businesses and residents. An important lesson to be learned from the
current state economic environment is that state and local
governments depend on the tax revenues and jobs created by the
private sector. When private industry suffers, the corresponding
impact to counties, towns, and schools also is felt through reduced
programs, jobs, and services.

A "cumulative impact" evaluation of the layering of regulatory
requirements is essential, because the power sector and many other
industries in New York are driven by long-term capital planning
cycles in excess often year horizons. In many cases, the return on
investment is calculated over a twenty year or longer period. The
layering of regulations and/or legislative requirements on top of
each other, without the requirement of understanding the full
cumulative effects, creates tremendous uncertainty, prevents
necessary investment, and makes New York a less desirable investment
environment than other states. New York State's businesses and
residents must be able to rely on the state to ensure that


environmental requirements do not impede a reliable and affordable
energy system that can continue to meet their energy needs in a
balanced and cost-effective manner.

The 2010 Comprehensive Reliability Plan (CRP), completed by the New
York Independent System Operator (NYISO), assessed new environmental
regulatory programs for their potential impacts on reliability. These
regulatory initiatives, which are being promulgated by both state and
federal environmental regulatory agencies, cumulatively will require
considerable investment by the owners of New York's existing them1al
power plants in order to comply with these new regulatory
requirements, if promulgated as currently proposed. The magnitude of
the combined investments required to comply with the four evaluated
initiatives alone could lead to multiple unplanned plant retirements.

Furthermore, on October 26, 2010, the North American Electric
Reliability Corporation (NERC) released the results of its
examination of the possible impacts of four potential U.S.
Environmental Protection Agency (EPA) regulations in a special
assessment - Potential Resource Adequacy Impacts of U.S.
Environmental Regulations. The results of this assessment
showed a significant potential impact to reliability, should the four
EPA rules be implemented as proposed.

Both the NYISO's CRP and the NERC's assessment of EPA's regulations
indicate the need for the state's rulemaking processes to consider
comprehensively the cumulative impact of regulations. This
cumulative impact evaluation should be a central component of the
regulatory impact analyses that form the basis for state rulemakings.

LEGISLATIVE HISTORY:
S.3943; Referred to Finance

FISCAL IMPLICATIONS:
The provisions of this legislation are consistent with existing
requirements for rulemakings and the provisions of Executive Orders
and should be able to be accomplished within existing appropriations.

EFFECTIVE DATE:
This bill would take effect immediately.

view full text
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1108

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, BONACIC, SEWARD -- read twice and ordered
  printed, and when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to regulatory flexibility
  and review of rules

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

  Section  1.  Section  104  of  the executive law is amended to read as
follows:
  S 104. Departmental cooperation ON RULEMAKING,  INCREASING  REGULATORY
FLEXIBILITY  AND  REDUCING REGULATORY BURDENS.  1.  IT IS DECLARED TO BE
THE POLICY OF THIS STATE TO PROTECT AND ENCOURAGE JOBS,  INVESTMENT  AND
ECONOMIC  ACTIVITY  AND TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE
BY ADMINISTERING ALL REGULATORY REQUIREMENTS IMPOSED BY THE STATE  IN  A
FAIR  AND REASONABLE MANNER DESIGNED TO AVOID UNDUE DELETERIOUS ECONOMIC
EFFECTS OR OVERLY BURDENSOME IMPACTS OF RULES UPON PERSONS AND THE ECON-
OMY.
  2. The secretary of state may advise  with  the  several  departments,
boards,  bureaus,  officers, authorities, commissions and other agencies
of the state which are authorized by statute to issue  codes,  rules  or
regulations,  to  the  end  that  the  same  may, so far as possible, be
uniform in style and form, be properly numbered  and  captioned  and  be
free from matter which is obsolete.
  3.  THE SECRETARY OF STATE SHALL PROVIDE OVERSIGHT OVER THE REGULATORY
PROCESSES OF STATE AGENCIES, PUBLIC AUTHORITIES, AND COMMISSIONS THROUGH
THE REVIEW, ANALYSIS, AND REVISION OF PROPOSED AND EXISTING RULES  IN  A
MANNER THAT INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING ACTIONS:
  A.  ENSURING THAT REGULATIONS FAITHFULLY EXECUTE THE LAWS OF THE STATE
WITHOUT UNDULY BURDENING THE STATE'S ECONOMY AND REGULATED  PARTIES  AND
WITHOUT  IMPOSING  DELETERIOUS COSTS AND REQUIREMENTS ON THE BUSINESSES,
LOCAL GOVERNMENTS AND CITIZENS OF THIS STATE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02260-01-3

S. 1108                             2

  B. CONDUCTING AN ASSESSMENT OR REQUIRING THE ASSESSMENT OF THE CUMULA-
TIVE IMPACT OF RULES ON THE STATE'S POLICIES, PROGRAMS  AND  REGULATIONS
IN THE AREAS OF ENERGY, ECONOMIC DEVELOPMENT, AND THE ENVIRONMENT;
  C. CONDUCTING AN ASSESSMENT OR REQUIRING THE ASSESSMENT OF THE CUMULA-
TIVE  IMPACT  OF  THE STATE'S ENVIRONMENTAL POLICES, PROGRAMS, AND REGU-
LATIONS ON THE STATE'S ECONOMIC DEVELOPMENT AND ON THE IMPLEMENTATION OF
THE STATE'S ENERGY POLICES, PROGRAMS AND REGULATIONS;
  D. REQUIRING THE  PREPARATION  OF  A  COST-BENEFIT  ANALYSIS,  A  RISK
ASSESSMENT,  AND  AN ANALYSIS OF THE EFFECT OF RULES ON THE CREATION AND
RETENTION OF JOBS IN THE STATE;
  E. ISSUING OR REQUIRING THE ISSUANCE OF A REGULATORY FLEXIBILITY ANAL-
YSIS AND ASSESSMENT OF THE ECONOMIC  AND  TECHNOLOGICAL  FEASIBILITY  OF
COMPLIANCE  WITH  RULES,  AS WELL AS AN EVALUATION TO THE FULLEST EXTENT
POSSIBLE OF THE FISCAL IMPACT OF RULES THAT IMPOSE A MANDATE;
  F. PRESCRIBING METHODOLOGIES  OR  REQUIREMENTS  THAT  ALLOW  REGULATED
PARTIES  FLEXIBILITY AND THAT ENCOURAGE INNOVATION IN MEETING THE LEGIS-
LATIVE OR ADMINISTRATIVE REQUIREMENTS AND OBJECTIVES UNDERLYING RULES;
  G. GIVING PREFERENCE TO THE LEAST COSTLY AND LEAST BURDENSOME  REGULA-
TORY AND PAPERWORK REQUIREMENTS NEEDED TO ACCOMPLISH THE LEGISLATIVE AND
ADMINISTRATIVE OBJECTIVES UNDERLYING THE RULES;
  H. FAVORING MARKET-ORIENTED SOLUTIONS AND PERFORMANCE STANDARDS OVER A
COMMAND-AND-CONTROL APPROACH TO IMPLEMENTING REGULATIONS; AND
  I.  CONVENING  A NEGOTIATED RULEMAKING, WHEREIN INTERESTED PARTIES AND
THE INVOLVED AGENCY, PUBLIC AUTHORITY, OR COMMISSION, WITH  THE  ASSIST-
ANCE OF A NEUTRAL FACILITATOR, NEGOTIATE TO REACH CONSENSUS ON THE TERMS
OF RULES.
  4.  THE  SECRETARY  OF STATE ANNUALLY SHALL PUBLISH ON ITS WEBSITE AND
SUBMIT TO THE GOVERNOR, THE DIRECTOR OF STATE OPERATIONS,  THE  DIRECTOR
OF  THE DIVISION OF THE BUDGET, INVOLVED STATE AGENCIES, PUBLIC AUTHORI-
TIES, AND/OR COMMISSIONS, THE SPEAKER OF THE ASSEMBLY AND THE  TEMPORARY
PRESIDENT OF THE SENATE A REPORT WITH RECOMMENDATIONS, REGARDING:
  A. THE AMENDMENT OR REPEAL OF ANY EXISTING RULE WHICH MAY BE (I) OBSO-
LETE,  (II)  HARMFUL  TO  THE  ECONOMY OR JOB GROWTH IN THE STATE, (III)
EXCESSIVE IN VIEW OF STATE OR FEDERAL  STATUTES  AND  REGULATIONS,  (IV)
ECONOMICALLY  AND/OR  TECHNOLOGICALLY INFEASIBLE, AND/OR (V) A THREAT TO
THE RELIABILITY OF THE ENERGY SYSTEM; AND
  B. THE SIMPLIFICATION OF REGULATIONS AND THE REGULATORY PROCESSES.
  5. EACH STATE AGENCY, PUBLIC AUTHORITY, OR COMMISSION,  WHICH  IS  THE
SUBJECT  OF  THE  ANNUAL  REPORT  REQUIRED  BY  SUBDIVISION FOUR OF THIS
SECTION, SHALL PROPOSE REGULATIONS OR REVISIONS TO ITS RULES  AND  POLI-
CIES  TO  INCORPORATE  THE  FINDINGS  AND  RECOMMENDATIONS OF THE REPORT
REQUIRED BY SUCH SUBDIVISION.
  S 2. This act shall take effect immediately.

Co-Sponsors

S1108A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1830A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §104, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S3943

S1108A (ACTIVE) - Bill Texts

view summary

Provides that the secretary of state shall provide oversight over the regulatory processes of state agencies, public authorities, and commissions through the review, analysis, and revision of proposed and existing rules.

view sponsor memo
BILL NUMBER:S1108A

TITLE OF BILL: An act to amend the executive law, in relation to
regulatory flexibility and review of rules

PURPOSE: This legislation is intended to foster jobs, investment and
economic activity by ensuring that the state's regulatory requirements
avoid undue deleterious economic effects or overly burdensome impacts
upon persons and the economy.

SUMMARY OF PROVISIONS: The bill requires the Secretary of State to
provide oversight over the regulatory processes of state agencies,
public authorities, and commissions through the review, analysis, and
revision of proposed and existing rules in a manner that includes
actions such as:

o Ensuring that regulations faithfully execute the laws of the state,
without unduly burdening the state's economy and regulated parties and
without imposing deleterious costs and requirements on the businesses,
local governments, and citizens of this state;

o Conducting an assessment or requiring the assessment of the
cumulative impact of rules on the state's policies, programs, and
regulations in the areas of energy, economic development, and the
environment;

o Conducting an assessment or requiring the assessment of the
cumulative impact of the state's environmental policies, programs, and
regulations on the state's economic development and on the
implementation of state's energy policies, programs, and regulations;

o Issuing or requiring the issuance of a regulatory flexibility
analysis and assessment of the economic and technological feasibility
of compliance with rules, as well as an evaluation, to the fullest
extent possible, of the fiscal impact of rules that impose a mandate;

o Giving preference to the least costly and least burdensome
regulatory and paperwork requirements;

o Favoring market-oriented solutions and performance standards over a
command-and-control approach to implementing regulations; and

o Convening a negotiated rulemaking, wherein interested parties and
the involved agency, public authority, or commission, with the
assistance of a neutral facilitator, negotiate to reach consensus on
the terms of rules.

Additionally, the legislation would require the Secretary of State to
make recommendations for simplifying the rulemaking process, and for
the amendment or repeal of any existing rule that may be (1) obsolete,
(2) harmful to the economy or job growth in the state, (3) excessive
in view of state or federal statutes and regulations, (4) economically
and/or technologically infeasible, and/or (5) a threat to the
reliability of the energy system.


Furthermore, the bill would require state agencies, public
authorities, and commissions, which are the subject of the
recommendations of the Secretary of State, to propose regulations or
revisions to their rules and policies to incorporate those
recommendations.

EXISTING LAW:

Section 104 of the Executive Law encourages the Secretary of State to
cooperate with state entities on the content of rulemakings.

Executive Order
20 of 1995 established the Governor's Office of Regulatory Reform
(GORR), which is an office designed to improve the state's regulatory
process. Executive Order
20 was continued by Executive Order
2 of 2011; however, the 2011-2012 Executive Budget proposed the
elimination of GORR. This legislation would transfer the core elements
of GORR's power's and duties to the Secretary of State.

Executive Order
2 of 2008, also continued by Executive Order
2 of 2011, established a State Energy Planning Board and authorized
the creation and implementation of a State Energy Plan Among other
provisions, this order provided that State Energy Plan include
"assessments of state environmental policies and programs, which
impact the state's development and implementation of energy policy and
programs".

In addition, Executive Order
25 of 2009 was continued by Executive Order
2 of 2011 and established a Regulatory Review and Reform Program. This
initiative is intended to evaluate, reform, or repeal, where
necessary, rules and paperwork requirements in order to reduce
substantially unnecessary burdens, costs, and inefficiencies to
improve the state's economy while maintaining appropriate protections
for public health, safety, welfare, and the conduct of business.

JUSTIFICATION:

Section 3-101 of the New York State Energy Law describes state energy
policy as having a comprehensive balance among energy, environmental,
and economic development components. Also, publications from the fall
of 2010 identified the need for a balanced approach to energy,
environmental, and economic development issues, as well as noted the
need to reduce the high costs of doing business in the state, to have
an improved regulatory environment, and to reduce regulatory burdens.

However, the 2009 State Energy Plan contains an Issue Brief,
Environmental Impact, and Regulation of Energy Systems, which fails to
accomplish the directive for the conduct of the assessment pursuant to
Executive Order
2 of 2008. The Issue Brief does not contain an analysis of the
cumulative impact of the layering of DEC's regulations on fuel
diversity and energy system reliability but, just includes a
recitation of the provisions of existing programs.


Additionally, pursuant to Executive Order
25 of 2009, the evaluation of the New York State Department of
Environmental Conservation's (DEC) regulations identified only five
regulatory areas for additional amendments, despite numerous public
comments of the onerous nature of many DEC regulations. In particular,
the DEC identified for additional amendment two regulations that
already had expired and were replaced with another regulatory
requirement. As a result, the DEC failed to focus on its regulations
that have unclear compliance pathways.

Through the State Energy Planning Process and the public comment
processes of individual rulemakings, many significant concerns have
been expressed about the singular and cumulative impacts that arise
from the layering of environmental regulations on the state's
electricity producers and correspondingly on the diversity of fuels
used to manufacture electricity in a reliable and cost-effective
manner. Over the course of the last two years, ten regulatory
initiatives were adopted without a cumulative impact evaluation, and
seventeen more are pending this year. These regulations, plans, and
policies place additional constraints on electric generating units,
and the cumulative effect of the layering of all these actions impacts
New York's energy policy.

The state must focus its attention on the cumulative impacts that the
layering of regulatory initiatives causes the electricity industry and
other sectors in the state, most importantly the increased cost of and
potentially decreased reliable supply of energy for the state's
businesses and residents. An important lesson to be learned from the
current state economic environment is that state and local governments
depend on the tax revenues and jobs created by the private sector.
When private industry suffers, the corresponding impact to counties,
towns, and schools also is felt through reduced programs, jobs, and
services.

A "cumulative impact" evaluation of the layering of regulatory
requirements is essential, because the power sector and many other
industries in New York are driven by long-term capital planning cycles
in excess of ten year horizons. In many cases, the return on
investment is calculated over a twenty year or longer period of time.
The layering of regulations and/or legislative requirements on top of
each other, without the requirement of understanding the full
cumulative effects, creates tremendous uncertainty, prevents necessary
investment, and makes New York a less desirable investment environment
than other states. New York State's businesses and residents must be
able to rely on the state to ensure that environmental requirements do
not impede a reliable and affordable energy system that can continue
to meet their energy needs in a balanced and cost-effective manner.

The 2010 Comprehensive Reliability Plan (CRP), completed by the New
York Independent System Operator (NYISO), assessed new environmental
regulatory programs for their potential impacts on reliability. These
regulatory initiatives, which are being promulgated by both state and
federal environmental regulatory agencies, cumulatively will require
considerable investment by the owners of New York's existing thermal
power plants in order to comply with these new regulatory
requirements, if promulgated as currently proposed. The magnitude of


the combined investments required to comply with the four evaluated
initiatives alone could lead to multiple unplanned plant retirements.

Furthermore, on October 26, 2010, the North American Electric
Reliability Corporation (NERC) released the results of its examination
of the possible impacts of four potential U.S. Environmental
Protection Agency (EPA) regulations in a special assessment, Potential
Resource Adequacy Impacts of U.S. Environmental Regulations. The
results of this assessment showed a significant potential impact to
reliability, should the four EPA rules be implemented as proposed.

Both the NYISO's CRP and the NERC's assessment of EPA's regulations
indicate the need for the state's rulemaking processes to consider
comprehensively the cumulative impact of regulations. This cumulative
impact evaluation should be a central component of the regulatory
impact analyses that form the basis for state rulemakings.

LEGISLATIVE HISTORY: S.3943 (2011-2012)

FISCAL IMPLICATIONS: The provisions of this legislation are
consistent with existing requirements for rulemakings and the
provisions of Executive Orders and should be able to be accomplished
within existing appropriations.

EFFECTIVE DATE: This bill would take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1108--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, BONACIC, GRIFFO, SEWARD -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law, in relation to regulatory flexibility
  and review of rules

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

  Section  1.  Section  104  of  the executive law is amended to read as
follows:
  S 104. Departmental cooperation ON RULEMAKING,  INCREASING  REGULATORY
FLEXIBILITY  AND  REDUCING REGULATORY BURDENS.  1.  IT IS DECLARED TO BE
THE POLICY OF THIS STATE TO PROTECT AND ENCOURAGE JOBS,  INVESTMENT  AND
ECONOMIC  ACTIVITY  AND TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE
BY ADMINISTERING ALL REGULATORY REQUIREMENTS IMPOSED BY THE STATE  IN  A
FAIR  AND REASONABLE MANNER DESIGNED TO AVOID UNDUE DELETERIOUS ECONOMIC
EFFECTS OR OVERLY BURDENSOME IMPACTS OF RULES UPON PERSONS AND THE ECON-
OMY.
  2. The secretary of state may advise  with  the  several  departments,
boards,  bureaus,  officers, authorities, commissions and other agencies
of the state which are authorized by statute to issue  codes,  rules  or
regulations,  to  the  end  that  the  same  may, so far as possible, be
uniform in style and form, be properly numbered  and  captioned  and  be
free from matter which is obsolete.
  3.  THE SECRETARY OF STATE SHALL PROVIDE OVERSIGHT OVER THE REGULATORY
PROCESSES OF STATE AGENCIES, PUBLIC AUTHORITIES, AND COMMISSIONS THROUGH
THE REVIEW, ANALYSIS, AND REVISION OF PROPOSED AND EXISTING RULES  IN  A
MANNER THAT INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING ACTIONS:
  A.  ENSURING THAT REGULATIONS FAITHFULLY EXECUTE THE LAWS OF THE STATE
WITHOUT UNDULY BURDENING THE STATE'S ECONOMY AND REGULATED  PARTIES  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02260-03-3

S. 1108--A                          2

WITHOUT  IMPOSING  DELETERIOUS COSTS AND REQUIREMENTS ON THE BUSINESSES,
LOCAL GOVERNMENTS AND CITIZENS OF THIS STATE;
  B. CONDUCTING AN ASSESSMENT OR REQUIRING THE ASSESSMENT OF THE CUMULA-
TIVE  IMPACT  OF RULES ON THE STATE'S POLICIES, PROGRAMS AND REGULATIONS
IN THE AREAS OF ENERGY, ECONOMIC DEVELOPMENT, AND THE ENVIRONMENT;
  C. CONDUCTING AN ASSESSMENT OR REQUIRING THE ASSESSMENT OF THE CUMULA-
TIVE IMPACT OF THE STATE'S ENVIRONMENTAL POLICIES, PROGRAMS,  AND  REGU-
LATIONS ON THE STATE'S ECONOMIC DEVELOPMENT AND ON THE IMPLEMENTATION OF
THE STATE'S ENERGY POLICIES, PROGRAMS AND REGULATIONS;
  D.  REQUIRING  THE  PREPARATION  OF  A  COST-BENEFIT  ANALYSIS, A RISK
ASSESSMENT, AND AN ANALYSIS OF THE EFFECT OF RULES ON THE  CREATION  AND
RETENTION OF JOBS IN THE STATE;
  E. ISSUING OR REQUIRING THE ISSUANCE OF A REGULATORY FLEXIBILITY ANAL-
YSIS  AND  ASSESSMENT  OF  THE ECONOMIC AND TECHNOLOGICAL FEASIBILITY OF
COMPLIANCE WITH RULES, AS WELL AS AN EVALUATION TO  THE  FULLEST  EXTENT
POSSIBLE OF THE FISCAL IMPACT OF RULES THAT IMPOSE A MANDATE;
  F.  PRESCRIBING  METHODOLOGIES  OR  REQUIREMENTS  THAT ALLOW REGULATED
PARTIES FLEXIBILITY AND THAT ENCOURAGE INNOVATION IN MEETING THE  LEGIS-
LATIVE OR ADMINISTRATIVE REQUIREMENTS AND OBJECTIVES UNDERLYING RULES;
  G.  GIVING PREFERENCE TO THE LEAST COSTLY AND LEAST BURDENSOME REGULA-
TORY AND PAPERWORK REQUIREMENTS NEEDED TO ACCOMPLISH THE LEGISLATIVE AND
ADMINISTRATIVE OBJECTIVES UNDERLYING THE RULES;
  H. FAVORING MARKET-ORIENTED SOLUTIONS AND PERFORMANCE STANDARDS OVER A
COMMAND-AND-CONTROL APPROACH TO IMPLEMENTING REGULATIONS; AND
  I. CONVENING A NEGOTIATED RULEMAKING, WHEREIN INTERESTED  PARTIES  AND
THE  INVOLVED  AGENCY, PUBLIC AUTHORITY, OR COMMISSION, WITH THE ASSIST-
ANCE OF A NEUTRAL FACILITATOR, NEGOTIATE TO REACH CONSENSUS ON THE TERMS
OF RULES.
  4. THE SECRETARY OF STATE ANNUALLY SHALL PUBLISH ON  ITS  WEBSITE  AND
SUBMIT  TO  THE GOVERNOR, THE DIRECTOR OF STATE OPERATIONS, THE DIRECTOR
OF THE DIVISION OF THE BUDGET, INVOLVED STATE AGENCIES, PUBLIC  AUTHORI-
TIES,  AND/OR  COMMISSIONS,  THE  SPEAKER  OF THE ASSEMBLY, THE MINORITY
LEADER OF THE ASSEMBLY, THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE
MINORITY  LEADER  OF  THE  SENATE,  THE CHAIR OF THE ASSEMBLY OVERSIGHT,
ANALYSIS AND INVESTIGATIONS COMMITTEE, THE RANKING MEMBER OF THE  ASSEM-
BLY  OVERSIGHT,  ANALYSIS AND INVESTIGATIONS COMMITTEE, THE CHAIR OF THE
SENATE INVESTIGATIONS AND GOVERNMENT OPERATIONS COMMITTEE, AND THE RANK-
ING MINORITY MEMBER OF THE SENATE INVESTIGATIONS  AND  GOVERNMENT  OPER-
ATIONS COMMITTEE A REPORT WITH RECOMMENDATIONS, REGARDING:
  A. THE AMENDMENT OR REPEAL OF ANY EXISTING RULE WHICH MAY BE (I) OBSO-
LETE,  (II)  HARMFUL  TO  THE  ECONOMY OR JOB GROWTH IN THE STATE, (III)
EXCESSIVE IN VIEW OF STATE OR FEDERAL  STATUTES  AND  REGULATIONS,  (IV)
ECONOMICALLY  AND/OR  TECHNOLOGICALLY INFEASIBLE, AND/OR (V) A THREAT TO
THE RELIABILITY OF THE ENERGY SYSTEM; AND
  B. THE SIMPLIFICATION OF REGULATIONS AND THE REGULATORY PROCESSES.
  5. EACH STATE AGENCY, PUBLIC AUTHORITY, OR COMMISSION,  WHICH  IS  THE
SUBJECT  OF  THE  ANNUAL  REPORT  REQUIRED  BY  SUBDIVISION FOUR OF THIS
SECTION, SHALL PROPOSE REGULATIONS OR REVISIONS TO ITS RULES  AND  POLI-
CIES  TO  INCORPORATE  THE  FINDINGS  AND  RECOMMENDATIONS OF THE REPORT
REQUIRED BY SUCH SUBDIVISION.
  S 2. This act shall take effect immediately.

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