S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2094
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to requiring state  agen-
   cies  which  issue  licenses,  registrations,  permits  and/or certif-
   ications to annually report on the periods of time  taken  to  process
   each application therefor

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "honesty in permit processing act".
   §  2.  The  executive  law is amended by adding a new section 164-e to
 read as follows:
   § 164-E. LICENSE AND PERMIT APPLICATION PROCESSING; ANNUAL REPORTS. 1.
 FOR THE PURPOSES OF THIS SECTION:
   (A) "PERMIT" SHALL MEAN ANY PERMIT, LICENSE, CERTIFICATION,  REGISTRA-
 TION  OR  APPROVAL  ISSUED  BY A STATE AGENCY, WHICH IS REQUIRED BY LAW,
 RULE OR REGULATION.
   (B) "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, BOARD,  BUREAU,  COMMIS-
 SION, DIVISION, AUTHORITY, OFFICE, COUNCIL OR AGENCY OF THE STATE.
   2.  EVERY STATE AGENCY, WHICH PROCESSES AND ISSUES ONE HUNDRED OR MORE
 PERMITS DURING A CALENDAR YEAR, SHALL, ON OR BEFORE  FEBRUARY  FIFTEENTH
 EACH  YEAR,  ISSUE  AND  PUBLISH  A REPORT ON ITS PERMIT PROCESSING TIME
 PERIODS DURING THE PRECEDING CALENDAR YEAR, WHICH SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   (A) THE AVERAGE TIME IT TOOK TO PROCESS APPLICATIONS FOR EACH SPECIFIC
 TYPE OF PERMIT FROM THE RECEIPT OF THE APPLICATION  THEREFOR  UNTIL  THE
 ISSUANCE OR DENIAL OF SUCH PERMIT; AND
   (B)  THE  SHORTEST  AND  LONGEST PERIODS OF TIME IT TOOK TO PROCESS AN
 APPLICATION FOR EACH SPECIFIC TYPE OF PERMIT.
   3. THE REPORT REQUIRED BY SUBDIVISION TWO OF  THIS  SECTION  SHALL  BE
 SUBMITTED  TO  THE  GOVERNOR  AND  THE LEGISLATURE, AND BE PUBLISHED AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01205-01-9

 A. 2094                             2
 
 DISTRIBUTED, IN BOTH WRITTEN AND ELECTRONIC FORMS,  FOR  ACCESS  BY  THE
 PUBLIC. EACH STATE AGENCY SHALL POST, ON ITS INTERNET HOMEPAGE, THE MOST
 RECENT REPORT IT HAS ISSUED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   4.  THE  INFORMATION  COMPILED  PURSUANT  TO  SUBDIVISION  TWO OF THIS
 SECTION, FOR EACH SPECIFIC PERMIT SHALL BE PRINTED ON THE COVER PAGE  OF
 THE APPLICATION FOR SUCH PERMIT.
   5.  EACH  STATE AGENCY SHALL ANNUALLY PROCESS APPLICATIONS FOR PERMITS
 WITHIN A TIME PERIOD WHICH IS EQUAL TO OR LESS THAN ONE HUNDRED  THIRTY-
 FOUR  PERCENT OF THE AVERAGE TIME PERIOD FOR PROCESSING APPLICATIONS FOR
 THAT TYPE OF PERMIT DURING THE PRECEDING CALENDAR YEAR.  IN ANY INSTANCE
 IN WHICH A STATE AGENCY FAILS TO PROCESS AN APPLICATION WITHIN SUCH TIME
 PERIOD, SUCH AGENCY SHALL IMMEDIATELY REFUND TO THE PERMIT APPLICANT ALL
 CHARGES AND FEES IMPOSED AS A CONDITION OF SUBMITTING SUCH PERMIT APPLI-
 CATION.
   § 3. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.