S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2133
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sens. GALLIVAN, CARLUCCI, FELDER, MARCHIONE, MURPHY, VALE-
   SKY  -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Commerce, Economic Development and Small Busi-
   ness
 
 AN ACT to amend the state administrative procedure act, in  relation  to
   establishing  a  task force for the review of the state administrative
   procedure act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state administrative procedure act is amended by adding
 a new article 6 to read as follows:
                                 ARTICLE 6
      TASK FORCE FOR REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT
 SECTION 601. LEGISLATIVE INTENT.
         602. TASK  FORCE  FOR  THE  REVIEW  OF  THE STATE ADMINISTRATIVE
                PROCEDURE ACT.
   § 601. LEGISLATIVE INTENT. THE STATE ADMINISTRATIVE PROCEDURE ACT  WAS
 FIRST  ENACTED  IN  NINETEEN  HUNDRED  SEVENTY-FIVE TO CREATE A UNIFORM,
 CONSISTENT  PROCESS  TO  ADMINISTRATIVE  RULEMAKING,  ADJUDICATION   AND
 LICENSING. SINCE NINETEEN HUNDRED SEVENTY-FIVE THIS ACT HAS BEEN AMENDED
 NUMEROUS  TIMES  BUT  THERE HAS NEVER BEEN A COMPREHENSIVE REVIEW OF THE
 EFFICACY OF THE ACT IN ITS ENTIRETY. THE LEGISLATURE  HEREBY  FINDS  AND
 DECLARES  THAT IT IS IN THE PUBLIC INTEREST TO HAVE SUCH A COMPREHENSIVE
 REVIEW  TO  ENSURE  THAT  ADMINISTRATIVE  RULEMAKING,  ADJUDICATION  AND
 LICENSING  IS  CONSISTENT, UNIFORM, AND NOT UNNECESSARILY BURDENSOME FOR
 REGULATED ENTITIES.
   § 602. TASK FORCE FOR THE REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE
 ACT. 1.  THERE SHALL BE ESTABLISHED A TASK FORCE FOR THE REVIEW  OF  THE
 STATE ADMINISTRATIVE PROCEDURE ACT ("TASK FORCE"). SUCH TASK FORCE SHALL
 EXAMINE,  EVALUATE AND MAKE RECOMMENDATIONS CONCERNING THE EFFICIENCY OF
 THE RULEMAKING PROCESS, WHETHER THIS ACT ENSURES  THE  ESTABLISHMENT  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00108-01-7

 S. 2133                             2
 
 CONSISTENT,  UNIFORM  RULES AND WHETHER THE STATUTORY PROCESS RESULTS IN
 RULES, REGULATIONS AND LICENSES THAT ARE OVERLY BURDENSOME ON  REGULATED
 ENTITIES.
   2.  THE  TASK  FORCE  SHALL  BE  COMPOSED OF NINE MEMBERS APPOINTED AS
 FOLLOWS:  THREE MEMBERS APPOINTED BY THE GOVERNOR, AT LEAST ONE OF  WHOM
 SHALL  BE  CHOSEN  FROM AMONG THE COMMISSIONERS OF AGENCIES WITH SIGNIF-
 ICANT REGULATORY OVERSIGHT; TWO MEMBERS APPOINTED BY THE TEMPORARY PRES-
 IDENT OF THE SENATE, ONE OF WHOM SHALL BE THE SENATE CHAIRPERSON OF  THE
 ADMINISTRATIVE  REGULATORY  REVIEW  COMMISSION; TWO MEMBERS APPOINTED BY
 THE SPEAKER OF THE ASSEMBLY, ONE OF WHICH SHALL BE THE  ASSEMBLY  CHAIR-
 PERSON  OF  THE  ADMINISTRATIVE REGULATORY REVIEW COMMISSION; ONE MEMBER
 APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND ONE MEMBER APPOINTED
 BY THE MINORITY LEADER OF THE ASSEMBLY. THE GOVERNOR SHALL DESIGNATE THE
 CHAIR OF THE TASK FORCE. ALL APPOINTED MEMBERS OF THE TASK  FORCE  SHALL
 HAVE  EXPERIENCE IN REGULATORY OR ADMINISTRATIVE LAW, OR EXPERIENCE IN A
 FIELD REGULATED BY MULTIPLE  STATE  AGENCIES,  OR  A  REPRESENTATIVE  OF
 ORGANIZED LABOR IN A REGULATED FIELD.
   3.  THE TASK FORCE SHALL HOLD PUBLIC HEARINGS THROUGHOUT THE STATE AND
 SHALL HAVE THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THE  LEGIS-
 LATIVE  LAW.    THE  TASK  FORCE SHALL CONSULT WITH MEMBERS OF THE SMALL
 BUSINESS AND AGRICULTURAL COMMUNITIES AND REGULATED ENTITIES  AND  CITI-
 ZENS FROM EVERY REGION OF THE STATE.
   4. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN, THE TASK
 FORCE  SHALL  PROVIDE  A  WRITTEN  REPORT TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
 ER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,  AND  THE  CHAIR-
 PERSONS  OF  THE ADMINISTRATIVE REGULATORY REVIEW COMMISSION. THE REPORT
 SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  RECOMMENDATIONS  FOR  SPECIFIC
 AMENDMENTS  TO  THIS  ACT  AS WELL AS ANY ADDITIONAL RECOMMENDATIONS THE
 TASK FORCE DEEMS RELEVANT. ANY  RECOMMENDATIONS  SHALL  INCORPORATE  THE
 FOLLOWING PRINCIPLES: (A) AGENCIES SHOULD CONDUCT RISK ASSESSMENTS BASED
 ON  THE BEST-AVAILABLE DATA AND SCIENCE; (B) AGENCIES SHOULD ENSURE THAT
 A FULL COST BENEFIT ANALYSIS IS UNDERTAKEN FOR  MAJOR  REGULATIONS;  (C)
 THE  RULEMAKING  PROCESS MUST INCLUDE AN OBJECTIVE, TRANSPARENT PEER AND
 PUBLIC REVIEW; (D) REGULATIONS SHOULD  BE  SUBJECT  TO  LEGISLATIVE  AND
 JUDICIAL  OVERSIGHT  AND  REVIEW;  AND  (E)  AGENCIES  SHOULD PRIORITIZE
 COMPLIANCE OVER ENFORCEMENT.
   5. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
   6. TO THE MAXIMUM EXTENT FEASIBLE, THE TASK FORCE SHALL BE ENTITLED TO
 REQUEST  AND RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH FACILI-
 TIES, RESOURCES AND DATA OF  ANY  COURT,  DEPARTMENT,  DIVISION,  BOARD,
 BUREAU,  COMMISSION, OR AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION
 OR PUBLIC AUTHORITY THEREOF AS IT MAY REASONABLY REQUEST  TO  CARRY  OUT
 PROPERLY ITS POWERS AND DUTIES PURSUANT TO THIS SECTION.
   § 2. This act shall take effect immediately.