Senate Bill S6389

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6389
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Commerce, Economic Devel-
   opment and Small Business
 
 AN ACT to amend the state administration procedure act, in  relation  to
   establishing  the  agency  regulatory  reform  officer  and regulatory
   reform task force

   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 section 208 to read as follows:
   §  208.  AGENCY  REGULATORY  REFORM OFFICER AND REGULATORY REFORM TASK
 FORCE. 1. IT IS POLICY OF THE LEGISLATURE TO ALLEVIATE UNNECESSARY REGU-
 LATORY BURDENS PLACED ON THE PEOPLE AND BUSINESSES OF  NEW  YORK  STATE.
 THEREFORE,  AN  AGENCY  REGULATORY  REFORM OFFICER AND REGULATORY REFORM
 TASK FORCE SHALL BE IMPLEMENTED IMMEDIATELY.
   2. REGULATORY REFORM OFFICER (RRO). (A)  WITHIN  NINETY  DAYS  OF  THE
 EFFECTIVE  DATE  OF  THIS SECTION, THE COMMISSIONER OF EACH AGENCY SHALL
 DESIGNATE AN AGENCY OFFICIAL AS ITS REGULATORY REFORM OFFICER. EACH  RRO
 SHALL  OVERSEE  THE  IMPLEMENTATION OF REGULATORY REFORM INITIATIVES AND
 POLICIES TO  ENSURE  THAT  AGENCIES  EFFECTIVELY  CARRY  OUT  REGULATORY
 REFORMS, CONSISTENT WITH APPLICABLE LAW.
   (B) THESE POLICIES SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) REDUCING REGULATION AND REGULATORY COST REDUCTION;
   (II) REGULATORY PLANNING AND REVIEW;
   (III) REGULATORY RETROSPECTIVE REVIEW; AND
   (IV)  TERMINATION,  CONSISTENT  WITH  APPLICABLE  LAW, OF PROGRAMS AND
 ACTIVITIES THAT DERIVE FROM  OR  IMPLEMENT  EXECUTIVE  ORDERS,  GUIDANCE
 DOCUMENTS, POLICY MEMORANDA, RULE INTERPRETATIONS, AND SIMILAR DOCUMENTS
 OR RELATIVE PORTIONS THEREOF, THAT HAVE BEEN RESCINDED.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11724-02-7

              

 S. 6389                             2
 
   3.  EACH  AGENCY  RRO  SHALL  CONDUCT MONTHLY MEETINGS WITH THE AGENCY
 COMMISSIONER OR DIRECTOR AND WITH AGENCY  LEADERSHIP,  MEETING  NO  LESS
 THAN TWELVE TIMES PER YEAR.
   4. EACH AGENCY SHALL ESTABLISH A REGULATORY REFORM TASK FORCE COMPOSED
 OF:
   (A) THE AGENCY RRO;
   (B) A REPRESENTATIVE FROM THE AGENCY'S COUNSEL'S OFFICE; AND
   (C) THREE ADDITIONAL SENIOR AGENCY OFFICERS AS DETERMINED BY THE AGEN-
 CY'S COMMISSIONER.
   5.  UNLESS OTHERWISE DESIGNATED BY THE AGENCY COMMISSIONER, THE AGENCY
 RRO SHALL CHAIR THE AGENCY'S REGULATORY REFORM TASK FORCE.
   6. STATE PUBLIC AUTHORITIES, STATE COMMISSIONS AND STATE OFFICES  THAT
 MUST  COMPLY  WITH  SECTION  ONE HUNDRED ONE-A OF THE EXECUTIVE LAW MUST
 ALSO COMPLY WITH THIS SECTION UNLESS A WAIVER IS  GRANTED  ACCORDING  TO
 SUBDIVISION TWELVE OF THIS SECTION.
   7.  EACH  REGULATORY  REFORM  TASK FORCE SHALL EVALUATE EXISTING REGU-
 LATIONS AND MAKE RECOMMENDATIONS TO THE  AGENCY  COMMISSIONER  REGARDING
 THEIR  REPEAL,  REPLACEMENT, OR MODIFICATION, CONSISTENT WITH APPLICABLE
 LAW.  EACH REGULATORY REFORM TASK FORCE SHALL ATTEMPT TO IDENTIFY  REGU-
 LATIONS THAT:
   (A) ELIMINATE JOBS;
   (B) ARE OUTDATED, UNNECESSARY, OR INEFFECTIVE;
   (C) IMPOSE COSTS THAT EXCEED BENEFITS; AND
   (D) CREATE A SERIOUS INCONSISTENCY OR OTHERWISE INTERFERE WITH REGULA-
 TORY REFORM INITIATIVES AND POLICIES.
   8. IN PERFORMING THE EVALUATION DESCRIBED IN SUBDIVISION SEVEN OF THIS
 SECTION,  EACH  REGULATORY  REFORM TASK FORCE SHALL SEEK INPUT AND OTHER
 ASSISTANCE, AS PERMITTED BY LAW, FROM ENTITIES SIGNIFICANTLY AFFECTED BY
 STATE REGULATIONS, INCLUDING LOCAL AND TRIBAL GOVERNMENTS,  SMALL  BUSI-
 NESSES, CONSUMERS, NON-GOVERNMENTAL AND TRADE ASSOCIATIONS.
   9. EACH AGENCY COMMISSIONER SHOULD PRIORITIZE, TO THE EXTENT PERMITTED
 BY  LAW, SUCH REGULATIONS THAT THE AGENCY'S REGULATORY REFORM TASK FORCE
 HAS IDENTIFIED AS BEING OUTDATED, UNNECESSARY, OR  INEFFECTIVE  PURSUANT
 TO PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION.
   10.  WITHIN  ONE  HUNDRED  EIGHTY  DAYS  OF THE EFFECTIVE DATE OF THIS
 SECTION, AND ON A SCHEDULE DETERMINED BY THE AGENCY COMMISSIONER  THERE-
 AFTER,  EACH  REGULATORY REFORM TASK FORCE SHALL PROVIDE A REPORT TO THE
 AGENCY COMMISSIONER DETAILING THE AGENCY'S PROGRESS TOWARD THE FOLLOWING
 GOALS:
   (A) IMPROVING IMPLEMENTATION  OF  REGULATORY  REFORM  INITIATIVES  AND
 POLICIES PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND
   (B) IDENTIFYING REGULATIONS FOR REPEAL, REPLACEMENT, OR MODIFICATION.
   11.  (A)  CONSISTENT  WITH  THE POLICY SET FORTH IN SUBDIVISION ONE OF
 THIS SECTION, EACH AGENCY SHALL MEASURE ITS PROGRESS IN  PERFORMING  THE
 TASKS OUTLINED IN SUBDIVISIONS FOUR AND SEVEN OF THIS SECTION.
   (B)  AGENCY  COMMISSIONERS  SHALL PREPARE AND SUBMIT PROGRESS REPORTS,
 BASED ON THEIR AGENCY'S REGULATORY REFORM TASK  FORCE  REPORTS;  TO  THE
 GOVERNOR,  TEMPORARY  PRESIDENT  OF THE SENATE, SPEAKER OF THE ASSEMBLY,
 MINORITY LEADERS OF THE SENATE AND ASSEMBLY, CO-CHAIRS OF  THE  ADMINIS-
 TRATIVE  REGULATIONS  REVIEW  COMMISSION, AND THE DEPARTMENT OF ECONOMIC
 DEVELOPMENT, ON AN ANNUAL BASIS COINCIDING WITH THE  STATE  BUDGET  YEAR
 ENDING ON MARCH THIRTY-FIRST.
   12.  (A)  UPON THE REQUEST OF AN AGENCY COMMISSIONER, PUBLIC AUTHORITY
 DIRECTOR, COMMISSION DIRECTOR, OR OFFICE DIRECTOR; THE TEMPORARY  PRESI-
 DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CO-CHAIRS OF THE
 ADMINISTRATIVE  REGULATIONS  REVIEW  COMMISSION,  ACTING IN CONCERT, MAY

 S. 6389                             3
 
 WAIVE COMPLIANCE WITH THIS SECTION IF THEY DETERMINE  THAT  THE  AGENCY,
 PUBLIC  AUTHORITY,  COMMISSION OR OFFICE GENERALLY ISSUES VERY FEW OR NO
 REGULATIONS.
   (B) THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY
 AND  THE  CO-CHAIRS OF THE ADMINISTRATIVE REGULATIONS REVIEW COMMISSION,
 ACTING IN CONCERT, MAY REVOKE A WAIVER AT ANY TIME.
   § 2. Section 102 of the state administrative procedure act is  amended
 by adding two new subdivisions 15 and 16 to read as follows:
   15.  "REGULATORY REFORM OFFICER" SHALL MEAN A PERSON DESIGNATED BY THE
 AGENCY COMMISSIONER THAT WILL LEAD REGULATORY REFORM EFFORTS WITHIN  THE
 AGENCY.  EACH  RRO SHALL OVERSEE THE IMPLEMENTATION OF REGULATORY REFORM
 INITIATIVES AND POLICIES TO ENSURE THAT AGENCIES EFFECTIVELY  CARRY  OUT
 REGULATORY  REFORMS,  CONSISTENT  WITH  APPLICABLE  LAW. THE RRO WILL BE
 RESPONSIBLE FOR  REGULATORY  COST  REDUCTION,  REGULATORY  PLANNING  AND
 REVIEW,  REGULATORY RETROSPECTIVE REVIEW, AND TERMINATION OF REGULATIONS
 CONSISTENT WITH APPLICABLE LAW.
   16. "REGULATORY REFORM TASK  FORCE"  SHALL  MEAN  A  GROUP  OF  PEOPLE
 COMPOSED  OF THE AGENCY REGULATORY REFORM OFFICER, A REPRESENTATIVE FROM
 THE AGENCY'S COUNSEL'S OFFICE, AND THREE ADDITIONAL SENIOR AGENCY  OFFI-
 CIALS  AS  DETERMINED BY THE AGENCY'S COMMISSIONER, THAT WILL REVIEW THE
 AGENCY'S RULES AND REGULATIONS FOR REGULATORY COST REDUCTION, REGULATORY
 PLANNING AND REVIEW, REGULATORY RETROSPECTIVE REVIEW, AND TERMINATION OF
 REGULATIONS CONSISTENT WITH APPLICABLE LAW.
   § 3. This act shall take effect immediately.