S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2649
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 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:
   § 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.
                                                            LBD01956-01-7

              

 S. 2649                             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. 2649                             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.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.