S T A T E   O F   N E W   Y O R K
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                                  2721

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 28, 2015
                               ___________

Introduced  by Sens. CARLUCCI, FELDER, GALLIVAN, MARCHIONE -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Commerce, Economic Development and Small Business

AN ACT to amend the state administrative procedure act, in  relation  to
  authorizing  regulated  businesses  to  petition a state agency for an
  alternate method of implementing a regulatory mandate

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

  Section  1.   Section 204-a of the state administrative procedure act,
as added by chapter 479 of the laws of  2001,  is  amended  to  read  as
follows:
  S 204-a. Alternate methods for implementing regulatory mandates. 1. As
used in this section:
  (a)  "local  government" means any county, city, town, village, school
district, fire district or other special district;
  (b) "REGULATED BUSINESSES" MEANS ANY GROUP OF BUSINESSES OF A  SIMILAR
TYPE  OR  TRADE,  OR  FROM  THE SAME REGION OR AREA OF THE STATE, OR ANY
GROUP OF BUSINESSES WITHIN THE STATE, THAT ARE SUBJECT TO THE REGULATION
OF ANY AGENCY. SUCH TERM SHALL INCLUDE ANY ENTITY OR GROUP WHICH REPRES-
ENTS SUCH BUSINESSES;
  (C) "regulatory mandate" means any rule which (I) requires one or more
local governments to create a new program, increase the level of service
for an existing program or otherwise comply with mandatory requirements;
OR (II) REGULATES THE CONDUCTING AND MANAGEMENT OF ANY BUSINESS IN  THIS
STATE; and
  [(c)]  (D) "petition" means a document submitted by a local government
seeking approval of an alternate method for  implementing  a  regulatory
mandate.
  2. A petition shall include:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08326-01-5

S. 2721                             2
              

  (a)  an  indication that submission has been approved by the governing
body of the local government or by an officer  duly  authorized  by  the
governing body to do so;
  (b)  an  identification of the regulatory mandate which is the subject
of the  petition  and  information  sufficient  to  establish  that  the
proposed  alternate method of implementation is consistent with and will
effectively carry out the objectives of the regulatory mandate;
  (c) information on the process used by the local government to  ensure
that all stakeholders have been appropriately involved in the process of
developing  the  alternate  method, including where relevant the date of
any hearing, forum or other meeting to seek input on the alternate meth-
od;
  (d) documentation that the petition has been submitted to the  author-
ized  agents  of  any  certified  or  recognized  employee organizations
representing employees who would be effected by  implementation  of  the
alternate method;
  (e) a proposed plan and timetable for compiling and reporting informa-
tion  to  facilitate  evaluation  of  the effectiveness of the alternate
method;
  (f) if the state provides financial assistance for complying with  the
regulatory mandate, any proposed amount or percentage of such assistance
which  would  be  returned to the state due to savings from implementing
the alternate method; and
  (g) the name, public office address and telephone number of the repre-
sentative of the local government who will coordinate requests for addi-
tional information on the petition.
  2-A. REGULATED BUSINESSES MAY SEEK APPROVAL FOR AN ALTERNATE METHOD OF
IMPLEMENTING A REGULATORY MANDATE BY SUBMITTING TO THE APPROPRIATE STATE
AGENCY A PETITION WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:
  (A)  FOR  EACH  INVOLVED  REGULATED  BUSINESS,  AN   INDICATION   THAT
SUBMISSION HAS BEEN APPROVED BY THE OWNER OR GOVERNING BODY OF THE REGU-
LATED BUSINESS TO DO SO;
  (B)  AN  IDENTIFICATION OF THE REGULATORY MANDATE WHICH IS THE SUBJECT
OF THE PETITION;
  (C) INFORMATION SUFFICIENT TO ESTABLISH THAT  THE  PROPOSED  ALTERNATE
METHOD  OF  IMPLEMENTATION IS CONSISTENT WITH AND WILL EFFECTIVELY CARRY
OUT THE OBJECTIVES OF THE REGULATORY MANDATE; AND
  (D) THE NAME, BUSINESS ADDRESS AND TELEPHONE NUMBER OF  THE  REPRESEN-
TATIVE  OF  THE  REGULATED  BUSINESSES  WHO WILL COORDINATE REQUESTS FOR
ADDITIONAL INFORMATION ON THE PETITION.
  3. Two or more  local  governments  may  submit  a  petition  jointly,
provided that each local government meets the requirements of paragraphs
(a),  (c),  (d) and (g) of subdivision two of this section, and provided
that the petition addresses  the  manner  in  which  responsibility  for
implementation  will  be  allocated  between  or among the participating
local governments.
  4. The agency shall cause a notice of the petition to be published  in
the  state  register  and  shall  receive comments on the petition for a
period of thirty days. Such notice shall either include the full text of
the information set forth in the petition or shall set forth the address
of a website on which the full text has been posted.  The  notice  shall
include  the  name,  public  office  OR  BUSINESS  address and telephone
number, and may include a fax number and electronic mail address, of  an
agency  representative  from whom additional information on the petition
can be obtained and to whom comments on the petition may be submitted.

S. 2721                             3

  5. (a) Not later than thirty days after the last day  of  the  comment
period,  the agency shall approve or disapprove the petition. The agency
may approve the petition without  change  or  with  such  conditions  or
modifications  as  the  agency  deems  appropriate. Notice of the agency
determination  shall  be  provided in writing to the local government OR
REGULATED BUSINESSES and shall be published in the state  register.  The
agency shall not grant a petition unless it determines that the petition
has met the requirements of subdivision two OR TWO-A of this section and
that the local government [has] OR REGULATED BUSINESSES HAVE established
that  the alternate method is consistent with and will effectively carry
out the objectives of the regulatory mandate; provided, however, that no
petition shall be approved which would  result  in  the  [contravention]
DIMINUTION  OR ABATEMENT of any environmental, health or safety standard
or would reduce any benefits or rights accorded by law or rule to  third
parties.  In  approving  a  petition,  an  agency  may waive a statutory
provision only if it is specifically authorized by  law  to  waive  such
provision.  An  approval shall include a timetable for agency evaluation
of the effectiveness of the alternate method.
  (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
sion,  upon  receipt  of  an objection to a petition from the authorized
agent of any certified or recognized employee organization  representing
employees who would be affected by implementation of the alternate meth-
od,  the agency shall provide any such organizations with an opportunity
for a hearing. If an adjudicatory proceeding is requested, the  petition
shall not be approved unless the agency determines by a preponderance of
the  evidence  that  implementing  the alternate method would not affect
such employees by contravening any environmental, health or safety stan-
dard, reducing any rights or benefits or  violating  the  terms  of  any
negotiated  agreement,  and  that all other requirements of this section
have been met. The provisions of this subdivision are in addition to and
shall not be construed to impair or modify any rights of such  employees
under any other law, regulation or contract.
  6.  Nothing  in this section shall require a local government OR REGU-
LATED BUSINESSES to commence or continue an alternate method  of  imple-
mentation  if  it determines in its sole discretion not to do so, except
to the extent that a local government [has] OR REGULATED BUSINESSES HAVE
committed to commencing or continuing an alternate  method  in  a  joint
petition  submitted  pursuant  to  subdivision  three of this section. A
state agency may rescind its approval of a petition at any  time  if  it
determines,  based on the information reported pursuant to paragraph (e)
of subdivision two of this section or other information available to it,
that the alternate method is not effectively carrying out the objectives
of the regulatory mandate or is being implemented  in  a  manner  detri-
mental to the public interest.
  7.  Notwithstanding  any  other provision of law, implementation of an
alternate method approved by an agency pursuant to this section shall be
deemed to lawfully meet all requirements of the regulatory  mandate.  An
agency  shall retain the authority to enforce compliance with the alter-
nate method in the same manner as it may  enforce  compliance  with  the
underlying  rule.  Any  action  on a petition by a state agency shall be
subject to review pursuant to article seventy-eight of the  civil  prac-
tice law and rules.
  8.  In  accordance with the timetable established pursuant to subdivi-
sion four of this section, the agency shall evaluate  the  effectiveness
of the alternate method in carrying out the objectives of the regulatory
mandate.  The  evaluation  shall identify any savings or other benefits,

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and any costs or other  disadvantages,  of  implementing  the  alternate
method,  and  shall address the desirability of incorporating the alter-
nate method into the rules of the agency. Notice of availability of  the
evaluation shall be published in the state register.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.