S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4112
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M.  of  A.  KOLB,  MONTESANO,  PALMESANO,  RAIA, HAWLEY,
   BARCLAY, STEC, BRABENEC, GIGLIO, NORRIS -- Multi-Sponsored by -- M. of
   A. DiPIETRO, FRIEND -- read once and  referred  to  the  Committee  on
   Governmental Operations
 
 AN  ACT  to  amend the executive law, the state administrative procedure
   act and the legislative law, in relation to the division of regulatory
   review and economic growth
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new article 43 to
 read as follows:
                                ARTICLE 43
             DIVISION OF REGULATORY REVIEW AND ECONOMIC GROWTH
 SECTION 930. DEFINITIONS.
         931. DIVISION OF REGULATORY REVIEW AND ECONOMIC GROWTH.
         932. GENERAL FUNCTIONS, POWERS AND DUTIES.
         933. ASSISTANCE OF OTHER STATE AGENCIES.
         934. REGULATION REVIEW.
         935. DIVISION ANNUAL RECOMMENDATIONS.
         936. IMPLEMENTATION OF RECOMMENDATIONS.
         937. COST OF REGULATION STUDY.
   § 930. DEFINITIONS. WHEN USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DIVISION OF REGULATORY
 REVIEW AND ECONOMIC GROWTH.
   2.  "DIVISION"  MEANS  THE  DIVISION OF REGULATORY REVIEW AND ECONOMIC
 GROWTH CREATED BY THIS ARTICLE.
   3. "PERMIT" SHALL MEAN THE WHOLE OR PART OF ANY STATE  AGENCY  PERMIT,
 LICENSE,  CERTIFICATE,  APPROVAL, REGISTRATION, CHARTER, OR SIMILAR FORM
 OF PERMISSION OR AUTHORITY REQUIRED BY  LAW  OR  BY  STATE  AGENCY  RULE
 HAVING  THE  FORCE  AND  EFFECT OF LAW, WHICH IS REQUIRED FOR A BUSINESS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05713-01-9

 A. 4112                             2
 
 UNDERTAKING, PROJECT OR ACTIVITY; PROVIDED, HOWEVER, IT SHALL  NOT  MEAN
 INDIVIDUAL  LICENSES  FOR  PRACTICING  A  PROFESSION PRESCRIBED IN TITLE
 EIGHT OF THE EDUCATION LAW, FILINGS UNDER THE UNIFORM  COMMERCIAL  CODE,
 OR  ROUTINE  LICENSES  AND  PERMITS FOR INDIVIDUAL PRIVILEGES, INCLUDING
 LICENSES FOR OPERATING A MOTOR VEHICLE AND  AMATEUR  SPORTING  LICENSES,
 SUCH AS FOR HUNTING AND FISHING.
   4. "RULE" MEANS A RULE AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH (A)
 OF  SUBDIVISION  TWO OF SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRA-
 TIVE PROCEDURE ACT, INCLUDING RULES OF THE WORKERS' COMPENSATION  BOARD,
 BUT  DOES  NOT  INCLUDE  THE  RULES OF THE STATE COMPTROLLER OR ATTORNEY
 GENERAL, RULES  REGARDING  JURISDICTIONAL  CLASSIFICATIONS  PURSUANT  TO
 SUBDIVISION  ONE OF SECTION SIX OF THE CIVIL SERVICE LAW, AND THE ALTER-
 ATION OF HUNTING OR FISHING SEASONS PURSUANT TO ARTICLE  ELEVEN  OF  THE
 ENVIRONMENTAL CONSERVATION LAW.
   5.  "STATE  AGENCY"  MEANS  AN AGENCY AS DEFINED IN SUBDIVISION ONE OF
 SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
   § 931. DIVISION OF REGULATORY REVIEW AND ECONOMIC GROWTH. 1. THERE  IS
 HEREBY  CREATED  IN  THE EXECUTIVE DEPARTMENT THE DIVISION OF REGULATORY
 REVIEW AND ECONOMIC GROWTH. THE  HEAD  OF  THE  DIVISION  SHALL  BE  THE
 COMMISSIONER OF THE DIVISION WHO SHALL BE APPOINTED BY THE GOVERNOR WITH
 THE CONSENT OF THE SENATE AND SERVE A TERM OF FIVE YEARS.
   2. THE COMMISSIONER MUST HAVE AT LEAST TEN YEARS OF EXPERIENCE RUNNING
 A FOR-PROFIT BUSINESS, WITH AT LEAST THREE YEARS EXPERIENCE AS THE CHIEF
 EXECUTIVE  OFFICER,  CHIEF OPERATING   OFFICER, CHIEF FINANCIAL OFFICER,
 PRESIDENT, OWNER, OR ANY OTHER TITLE USED FOR THE HIGHEST RANKING  OFFI-
 CER, ADMINISTRATOR OR MANAGER OF A FOR-PROFIT BUSINESS.
   3.  THE  COMMISSIONER SHALL BE APPOINTED BY THE GOVERNOR WITHIN THIRTY
 DAYS OF THE EFFECTIVE DATE OF THIS SECTION AND WITHIN THIRTY DAYS OF THE
 EXPIRATION OF EVERY FIVE YEAR TERM THEREAFTER, AND UPON CONFIRMATION  OF
 THE  SENATE  SHALL SERVE A TERM OF FIVE YEARS EFFECTIVE FROM THE DATE OF
 CONFIRMATION. IF THE SENATE REJECTS AN APPOINTMENT, THE  GOVERNOR  SHALL
 HAVE  THIRTY  DAYS  FROM  THE  DATE  OF THE REJECTION TO APPOINT ANOTHER
 COMMISSIONER.
   4. THE COMMISSIONER MAY ONLY  BE  REMOVED  FROM  OFFICE  BY  A  FELONY
 CONVICTION OR A CRIME INVOLVING A VIOLATION OF HIS OR HER OATH OF OFFICE
 OR  BY THE ASSENT OF TWO-THIRDS OF THE MEMBERS ELECTED TO EACH BRANCH OF
 THE LEGISLATURE VOTING SEPARATELY.
   5. SUCH COMMISSIONER SHALL RECEIVE AN ANNUAL SALARY TO BE FIXED BY THE
 GOVERNOR WITHIN THE AMOUNT MADE AVAILABLE THEREFOR BY APPROPRIATION  AND
 SHALL  BE  ALLOWED  HIS  OR  HER  ACTUAL  AND  NECESSARY EXPENSES IN THE
 PERFORMANCE OF HIS OR HER DUTIES.
   6. UPON APPOINTMENT AND UNTIL  SUCH  TERM  EXPIRES,  THE  COMMISSIONER
 SHALL  NOT  (A)  PARTICIPATE IN ANY PARTISAN POLITICAL PARTY ACTIVITIES,
 EXCEPT THAT SUCH CANDIDATE MAY REGISTER TO VOTE AS A MEMBER OF ANY POLI-
 TICAL PARTY AND MAY VOTE IN ANY PARTY PRIMARY FOR CANDIDATES  FOR  NOMI-
 NATION  OF  THE  PARTY  IN  WHICH  HE  OR SHE IS REGISTERED TO VOTE; (B)
 ENDORSE ANY CANDIDATE OR POLITICAL PARTY; OR (C) MAKE  CONTRIBUTIONS  TO
 ANY  CANDIDATE, POLITICAL PARTY COMMITTEE, POLITICAL ACTION COMMITTEE OR
 POLITICAL COMMITTEE PURSUANT TO SUBDIVISION TEN OF SECTION 14-114 OF THE
 ELECTION LAW.
   7. THE COMMISSIONER SHALL DIRECT THE WORK OF THE DIVISION AND SHALL BE
 THE CHIEF EXECUTIVE OFFICER OF THE DIVISION. THE COMMISSIONER MAY  ENTER
 INTO CONTRACTS AND EXPEND MONEY, AND APPOINT SUCH OFFICERS AND EMPLOYEES
 AS  HE  OR  SHE  MAY  DEEM  NECESSARY, PRESCRIBE THEIR DUTIES, FIX THEIR
 COMPENSATION, AND PROVIDE FOR THE REIMBURSEMENT OF THEIR  EXPENSES,  ALL
 WITHIN  AMOUNTS  MADE  AVAILABLE  THEREFOR  BY APPROPRIATION. SUCH STAFF

 A. 4112                             3
 
 SHALL BE MANAGEMENT CONFIDENTIAL  EMPLOYEES  WITH  AN  UNDERSTANDING  OF
 PRIVATE SECTOR BUSINESS.
   § 932. GENERAL FUNCTIONS, POWERS AND DUTIES. THE DIVISION OF REGULATO-
 RY REVIEW AND ECONOMIC GROWTH, BY AND THROUGH THE COMMISSIONER OR HIS OR
 HER  DULY  AUTHORIZED  OFFICERS  AND EMPLOYEES, SHALL HAVE THE FOLLOWING
 FUNCTIONS, POWERS AND DUTIES:
   1. TO PROVIDE AN OVERSIGHT, REVIEW AND ANALYSIS OF THE RULES AND REGU-
 LATORY PROCESSES OF STATE AGENCIES.
   2. TO MAKE BINDING RECOMMENDATIONS TO THE GOVERNOR AND LEGISLATURE  ON
 BURDENSOME  NEW  YORK  STATE CODES, RULES, REGULATIONS, REGULATORY PROC-
 ESSES, AND PERMIT REQUIREMENTS TO ELIMINATE OR AMEND THEM,  PURSUANT  TO
 SECTION NINE HUNDRED THIRTY-FIVE OF THIS ARTICLE.
   3.  TO  REVIEW  THE  ENVIRONMENTAL  QUALITY REVIEW PROCESS ESTABLISHED
 UNDER ARTICLE EIGHT OF  THE  ENVIRONMENTAL  CONSERVATION  LAW  AND  MAKE
 RECOMMENDATIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION TO ESTABLISH
 A  MORE  EFFICIENT, PREDICTABLE, TIMELY, AND TRANSPARENT PROCESS, AND TO
 ENSURE THAT THE PROCESS DOES NOT STIFLE  ECONOMIC  GROWTH  IN  NEW  YORK
 STATE.
   4.  TO REVIEW PERMIT REQUIREMENTS AND THE NEED BY THE STATE TO REQUIRE
 SUCH PERMITS. THE DIVISION SHALL MAKE RECOMMENDATIONS PURSUANT TO SUBDI-
 VISION TWO OF THIS SECTION TO ELIMINATE,  CONSOLIDATE,  SIMPLIFY,  EXPE-
 DITE,  OR  OTHERWISE  IMPROVE  PERMITS, PERMIT PROCEDURES, AND PAPERWORK
 BURDENS AFFECTING LOCAL GOVERNMENTS, SCHOOL DISTRICTS OR BUSINESSES.
   5. TO ENCOURAGE AND FACILITATE THE PARTICIPATION OF FEDERAL AND  LOCAL
 GOVERNMENT AGENCIES IN REGULATORY REVIEW.
   6.  TO ESTABLISH AN 800 HOTLINE AND WEBSITE TO PROVIDE BUSINESSES WITH
 ONE CONTACT NUMBER TO DIRECT QUESTIONS  AND  TO  PROVIDE  ASSISTANCE  TO
 BUSINESSES  IN  THE STATE OR BUSINESSES LOOKING TO OPEN OR EXPAND IN NEW
 YORK STATE. SUCH HOTLINE MAY BE USED TO REPORT REGULATORY BURDENS, STATE
 AGENCIES  OVERREACHING  THEIR  POWER,  EXCESSIVE  FINES  AND  TO  SUBMIT
 REQUESTS FOR REGULATORY REVIEW BY THE COMMISSIONER.
   7.  TO ADOPT SUCH RULES AND REGULATIONS, PROCEDURES, INSTRUCTIONS, AND
 FORMS AS ARE NECESSARY OR DESIRABLE TO CARRY OUT THE FUNCTIONS,  POWERS,
 AND DUTIES IMPOSED UPON THE DIVISION BY THIS ARTICLE.
   8.  TO PUBLISH AN ANNUAL REPORT, AFTER JANUARY FIRST AND BEFORE FEBRU-
 ARY FIRST, COMMENCING TWO THOUSAND TWENTY-ONE, INCLUDING ALL RECOMMENDA-
 TIONS PROPOSED BY THE DIVISION AND THOSE RECOMMENDATIONS IMPLEMENTED  BY
 THE  STATE  DURING  THE  PRIOR  CALENDAR YEAR. SUCH REPORT SHALL INCLUDE
 SPECIFIC DETAILS CONCERNING ESTIMATED COST SAVINGS TO THE TAXPAYERS FROM
 PROPOSED RECOMMENDATIONS AND ACTUAL COST SAVINGS TO THE  TAXPAYERS  FROM
 IMPLEMENTED RECOMMENDATIONS.
   §  933. ASSISTANCE OF OTHER STATE AGENCIES. TO EFFECTUATE THE PURPOSES
 OF THIS ARTICLE, THE COMMISSIONER MAY REQUEST AND SHALL BE  ENTITLED  TO
 RECEIVE  FROM  ANY STATE AGENCY, AND THE SAME ARE AUTHORIZED TO PROVIDE,
 SUCH ASSISTANCE, SERVICES, FACILITIES, AND DATA AS WILL ENABLE THE DIVI-
 SION TO CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
   § 934. REGULATION REVIEW. 1. IN DEVELOPING A RULE,  EACH  AGENCY  HEAD
 SHALL,  PRIOR  TO  SUBMITTING A NOTICE OF PROPOSED OR REVISED RULEMAKING
 FOR PUBLICATION IN THE STATE REGISTER PURSUANT TO  SECTION  TWO  HUNDRED
 TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, SUBMIT TO THE COMMISSION-
 ER,  IN  SUCH  FORM  AND  MANNER  AS THE COMMISSIONER MAY PRESCRIBE, THE
 COMPLETE TEXT OF THE RULE, ANY IMPACT STATEMENTS WHICH WOULD BE REQUIRED
 BY ARTICLE TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT TO PROPOSE  THE
 RULE,  AND ANY COST-BENEFIT ANALYSIS, RISK ASSESSMENT AND/OR THE RESULTS
 OF A NEGOTIATED RULEMAKING OR POLICY DIALOGUE UNDERTAKEN IN  CONJUNCTION
 WITH THE DEVELOPMENT OF THE RULE.

 A. 4112                             4
 
   2.  THE COMMISSIONER SHALL REVIEW THE AGENCY'S SUBMISSION TO DETERMINE
 WHETHER IT IS COMPLETE AND IN ACCORDANCE WITH THE  GOALS,  CRITERIA  AND
 REQUIREMENTS OF THIS ARTICLE AND ARTICLE TWO OF THE STATE ADMINISTRATIVE
 PROCEDURE ACT, INCLUDING WHETHER THE RULE:
   (A) IS CLEARLY WITHIN THE AUTHORITY DELEGATED BY LAW;
   (B) IS CONSISTENT WITH AND NECESSARY TO ACHIEVE A SPECIFIC LEGISLATIVE
 INTENT  OF PROMOTING ECONOMIC GROWTH OR PROTECTING THE HEALTH AND SAFETY
 OF THE PUBLIC;
   (C) IS CONSISTENT WITH STATE STATUTORY REQUIREMENTS;
   (D) DOES NOT IMPOSE A MANDATE ON LOCAL GOVERNMENTS,  SCHOOL  DISTRICTS
 OR  BUSINESSES THAT IS NOT FULLY FUNDED, EXCEPT AS SPECIFICALLY REQUIRED
 BY STATE STATUTE;
   (E) IS CLEARLY WRITTEN SO THAT ITS MEANING WILL BE  EASILY  UNDERSTOOD
 BY THOSE PERSONS AFFECTED BY IT;
   (F)  DOES  NOT  UNNECESSARILY  DUPLICATE OR EXCEED EXISTING FEDERAL OR
 STATE STATUTES OR RULES;
   (G) PRESCRIBES METHODOLOGIES  OR  REQUIREMENTS  THAT  ALLOW  REGULATED
 PARTIES  FLEXIBILITY AND ENCOURAGE INNOVATION IN MEETING THE LEGISLATIVE
 OR ADMINISTRATIVE REQUIREMENTS AND OBJECTIVES UNDERLYING THE RULE;
   (H) IS BASED ON CREDIBLE ASSESSMENTS, USING RECOGNIZED  STANDARDS,  OF
 THE  DEGREE  AND NATURE OF THE RISKS WHICH MAY BE REGULATED, INCLUDING A
 COMPARISON WITH EVERYDAY RISKS FAMILIAR TO THE PUBLIC;
   (I) GIVES PREFERENCE TO THE LEAST COSTLY, LEAST BURDENSOME  REGULATORY
 AND PAPERWORK REQUIREMENTS NEEDED TO ACCOMPLISH LEGISLATIVE AND ADMINIS-
 TRATIVE OBJECTIVES;
   (J) IS BASED UPON THE BEST SCIENTIFIC, TECHNICAL AND ECONOMIC INFORMA-
 TION THAT CAN REASONABLY AND AFFORDABLY BE OBTAINED; AND
   (K)  IF  POSSIBLE  AND PRACTICAL, FAVORS MARKET-ORIENTED SOLUTIONS AND
 PERFORMANCE STANDARDS OVER COMMAND-AND-CONTROL REGULATION.
   3. IF THE COMMISSIONER DETERMINES THAT  THE  SUBMISSION  IS  COMPLETE,
 COMPLIES  WITH  THE  PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, WILL
 PROMOTE ECONOMIC GROWTH, OR IS VITAL TO PROTECT THE HEALTH AND SAFETY OF
 THE PUBLIC, THE COMMISSIONER SHALL AUTHORIZE THE AGENCY  TO  SUBMIT  THE
 RULEMAKING FOR PUBLICATION IN THE STATE REGISTER PURSUANT TO SECTION TWO
 HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
   4.  IF  THE  COMMISSIONER DETERMINES THE SUBMISSION IS NOT COMPLETE OR
 DOES NOT COMPLY  WITH  THE  REQUIREMENTS  OF  SUBDIVISION  TWO  OF  THIS
 SECTION,  OR  IS DETRIMENTAL TO ECONOMIC GROWTH IN NEW YORK STATE, OR IS
 NOT VITAL TO PROTECT THE HEALTH AND SAFETY OF THE  PUBLIC,  THE  COMMIS-
 SIONER MAY REJECT THE RULE OR RETURN IT TO THE AGENCY, TOGETHER WITH ANY
 DIRECTION  THAT  THE  AGENCY  AMEND,  PREPARE  OR  REVISE  THE RULE, ANY
 SUPPORTING IMPACT STATEMENTS, COST BENEFIT  ANALYSIS,  RISK  ASSESSMENT,
 AND/OR UNDERTAKE A NEGOTIATED RULEMAKING OR POLICY DIALOGUE TO DEVELOP A
 RULE  FOR PROPOSAL.   THE DIVISION MAY ASSIST THE AGENCY IN DEVELOPING A
 PROPOSAL THAT MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION.
   5. AN AGENCY  MAY  CONSULT  INFORMALLY  WITH  THE  DIVISION  REGARDING
 PROPOSED RULES, SUPPORTING IMPACT STATEMENTS, AND OTHER DOCUMENTS AT ANY
 TIME  PRIOR  TO THE SUBMISSION OF SUCH MATERIALS PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION. SUCH INFORMAL CONSULTATION SHALL NOT BE BINDING  ON
 THE DIVISION OR THE AGENCY.
   6.  NO  AGENCY HEAD SHALL SUBMIT A NOTICE OF PROPOSED OR REVISED RULE-
 MAKING FOR PUBLICATION IN THE STATE REGISTER  PURSUANT  TO  SECTION  TWO
 HUNDRED  TWO  OF THE STATE ADMINISTRATIVE PROCEDURE ACT, WITHOUT EXPRESS
 APPROVAL BY THE COMMISSIONER. THE  COMMISSIONER,  IN  HIS  OR  HER  SOLE
 DISCRETION,  MAY  REJECT  ANY PARTICULAR RULE OR CATEGORY OF RULES HE OR
 SHE DETERMINES IS DETRIMENTAL TO ECONOMIC GROWTH IN NEW YORK  STATE,  OR

 A. 4112                             5

 IS  NOT  VITAL TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC. THE DIVI-
 SIONS SHALL PROMPTLY NOTIFY THE AGENCY OF ANY SUCH REJECTION.
   §  935.  DIVISION  ANNUAL RECOMMENDATIONS. ON OR BEFORE JANUARY FIRST,
 TWO THOUSAND TWENTY AND ANNUALLY THEREAFTER, THE DIVISION SHALL TRANSMIT
 TO THE GOVERNOR AND THE LEGISLATURE A REPORT CONTAINING ITS  RECOMMENDA-
 TIONS, WHICH SHALL INCLUDE:
   1.  SPECIFIC  RECOMMENDATIONS FOR REPEALING OR AMENDING NEW YORK STATE
 CODES, RULES, REGULATIONS, REGULATORY PROCESSES, AND PERMIT REQUIREMENTS
 AS IT DEEMS NECESSARY TO  LOWER  COSTS  FOR  LOCAL  GOVERNMENTS,  SCHOOL
 DISTRICTS AND BUSINESSES OR PROMOTE ECONOMIC GROWTH; AND
   2. RECOMMENDED DATES BY WHICH SUCH ACTIONS SHOULD OCCUR.
   §  936.  IMPLEMENTATION  OF  RECOMMENDATIONS.  1.  NOTWITHSTANDING ANY
 CONTRARY PROVISION OF LAW, RULE OR REGULATION RELATED TO THE  REPEAL  OR
 AMENDMENT  OF  ANY  NEW YORK STATE CODES, RULES, REGULATIONS, REGULATORY
 PROCESSES, AND PERMIT REQUIREMENTS IDENTIFIED IN THE  DIVISION'S  RECOM-
 MENDATIONS,  THE  SECRETARY OF STATE SHALL TAKE ALL ACTIONS NECESSARY TO
 IMPLEMENT, IN A REASONABLE, COST-EFFICIENT MANNER,  THE  RECOMMENDATIONS
 OF  THE  DIVISION  PURSUANT  TO SECTION NINE HUNDRED THIRTY-FIVE OF THIS
 ARTICLE, INCLUDING, BUT NOT LIMITED TO COORDINATION WITH STATE AGENCIES,
 AUTHORITIES, AND OTHER PARTIES AS THE COMMISSIONER DEEMS APPROPRIATE.
   2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT  APPLY:
 (A)  UNLESS  THE  GOVERNOR  HAS  TRANSMITTED THE DIVISION'S REPORT UNDER
 SECTION NINE HUNDRED THIRTY-FIVE OF THIS ARTICLE WITH HIS OR HER WRITTEN
 APPROVAL OF THE RECOMMENDATIONS OF THE DIVISION PURSUANT TO SECTION NINE
 HUNDRED THIRTY-FIVE OF THIS ARTICLE TO THE SECRETARY OF STATE AND TRANS-
 MITTED A MESSAGE TO THE LEGISLATURE  STATING  HIS  OR  HER  APPROVAL  OR
 REJECTION  OF  THE REPORT WITHIN FIVE DAYS OF RECEIVING SUCH REPORT; AND
 (B) IF A MAJORITY OF THE MEMBERS OF EACH HOUSE OF THE  LEGISLATURE  VOTE
 TO  ADOPT  A  CONCURRENT RESOLUTION REJECTING THE RECOMMENDATIONS OF THE
 DIVISION PURSUANT TO SECTION NINE HUNDRED THIRTY-FIVE OF THIS ARTICLE IN
 THEIR ENTIRETY WITHIN SIXTY DAYS, AFTER RECEIVING  A  MESSAGE  FROM  THE
 GOVERNOR  UNDER  THIS  SUBDIVISION.  IN  NO EVENT SHALL THE SECRETARY OF
 STATE BEGIN TO IMPLEMENT THE RECOMMENDATIONS OF THE DIVISION PURSUANT TO
 SECTION NINE HUNDRED THIRTY-FIVE OF THIS ARTICLE PRIOR TO THE EXPIRATION
 OF THE LEGISLATURE'S SIXTY DAY REVIEW PERIOD.
   § 937. COST OF REGULATION STUDY. 1. THE COMMISSIONER IS HEREBY AUTHOR-
 IZED AND DIRECTED TO PREPARE OR HAVE PREPARED A COMPREHENSIVE  STUDY  TO
 MEASURE  AND REPORT THE COST OF REGULATIONS TO BUSINESSES THROUGHOUT THE
 STATE OF NEW YORK.
   2. SUCH STUDY SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS OF THE  EFFEC-
 TIVE  DATE  OF  THE  CHAPTER  OF THE LAWS OF TWO THOUSAND NINETEEN WHICH
 ADDED THIS ARTICLE.
   § 2. Paragraph (a) of subdivision 6-a of  section  202  of  the  state
 administrative  procedure  act, as amended by chapter 295 of the laws of
 2017, is amended to read as follows:
   (a) An agency shall transmit a copy of any rule making notice prepared
 pursuant to this article AND APPROVED BY THE COMMISSIONER OF  THE  DIVI-
 SION  OF  REGULATORY  REVIEW  AND  ECONOMIC  GROWTH  PURSUANT TO ARTICLE
 FORTY-THREE OF THE EXECUTIVE LAW to the governor, the  temporary  presi-
 dent  of the senate, the speaker of the assembly, THE MINORITY LEADER OF
 THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, and the  administrative
 regulations  review  commission  at the time such notice is submitted to
 the secretary of state for publication in the state register. Such tran-
 smittal shall include the complete rule text, regulatory  impact  state-
 ment,  regulatory flexibility analysis, rural area flexibility analysis,

 A. 4112                             6
 
 or revisions thereof, and any other information submitted to the  secre-
 tary of state pursuant to this article.
   § 3. Section 86 of the legislative law, as added by chapter 689 of the
 laws of 1978, is amended to read as follows:
   § 86. Administrative  regulations  review  commission. There is hereby
 created an administrative regulations review commission  to  consist  of
 two  members of the senate to be appointed by the temporary president of
 the senate, two members of the assembly to be appointed by  the  speaker
 of  the assembly, [one member] TWO MEMBERS of the senate to be appointed
 by the minority leader of the senate and [one member] TWO MEMBERS of the
 assembly to be appointed by the minority leader  of  the  assembly.  The
 temporary  president of the senate and the speaker of the assembly shall
 each appoint a co-chairman from among the commission  membership.    Any
 vacancies  shall  be  filled in the same manner as the original appoint-
 ment.  Such appointees shall serve at the  pleasure  of  the  respective
 legislative member making such appointment.
   § 4. Section 87 of the legislative law, as added by chapter 689 of the
 laws of 1978, is amended to read as follows:
   § 87. Powers  and  duties. 1. The commission shall exercise continuous
 oversight of the process of rule making and examine rules, as defined in
 subdivision two of section one hundred two of the  state  administrative
 procedure  act,  adopted  or proposed by each agency with respect to (i)
 statutory authority, (ii)  compliance  with  legislative  intent,  (iii)
 impact  on the economy and on the government operations of the state and
 its local governments, and (iv) impact  on  affected  parties;  and,  in
 furtherance  of such duties, may examine other issues it deems appropri-
 ate. For purpose of this article, the term agency shall mean any depart-
 ment, board, bureau, commission, division, office, council, committee or
 officer of the state or a public benefit corporation or public authority
 at least one of whose members is appointed by the governor.
   2. THE COMMISSION SHALL REVIEW ANY LEGISLATION REQUIRING A COMMISSION-
 ER OR AGENCY AS DEFINED BY SUBDIVISION ONE OF SECTION ONE HUNDRED TWO OF
 THE STATE ADMINISTRATIVE PROCEDURE ACT, TO PROMULGATE ANY  CODES,  RULES
 AND  REGULATIONS  NECESSARY  FOR THE IMPLEMENTATION AND MAKE RECOMMENDA-
 TIONS TO THE MEMBERS OF THE  LEGISLATURE.  SUCH  RECOMMENDATIONS  SHOULD
 INCLUDE THE COMMISSION'S APPROVAL IF THE LEGISLATION IS DEEMED NECESSARY
 TO  PROTECT  THE  HEALTH  AND  SAFETY  OF THE PUBLIC OR THE COMMISSION'S
 DISAPPROVAL IF SUCH LEGISLATION IS DEEMED DETRIMENTAL TO ECONOMIC GROWTH
 IN NEW YORK STATE, OR IS NOT VITAL TO PROTECT THE HEALTH AND  SAFETY  OF
 THE PUBLIC.
   3.  THE COMMISSION SHALL REVIEW NEW YORK STATE LAWS THAT RESULT IN THE
 PROMULGATION OF CODES, RULES OR REGULATIONS BY A COMMISSIONER OR  AGENCY
 AS  DEFINED  BY  SUBDIVISION ONE OF SECTION ONE HUNDRED TWO OF THE STATE
 ADMINISTRATIVE PROCEDURE ACT, OR ANY LAWS THE COMMISSION DEEMS A REGULA-
 TORY BURDEN ON LOCAL GOVERNMENTS, SCHOOL  DISTRICTS  OR  BUSINESSES  AND
 MAKE RECOMMENDATIONS TO THE MEMBERS OF THE LEGISLATURE. SUCH RECOMMENDA-
 TIONS  SHOULD INCLUDE THE COMMISSION'S REQUEST FOR THE REPEAL OF LAWS IT
 DEEMS INCREASE COSTS FOR LOCAL GOVERNMENTS, SCHOOL  DISTRICTS  OR  BUSI-
 NESSES  OR  ARE DETRIMENTAL TO ECONOMIC GROWTH IN NEW YORK STATE, OR ARE
 NOT VITAL TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC.
   4. The commission may employ such staff and  retain  such  consultants
 and  expert  services as may be necessary and fix their compensation and
 expenses within the amounts appropriated  therefor.  Employment  by  the
 commission  shall  be deemed to be employment by the legislature for all
 purposes.

 A. 4112                             7

   [3] 5.  The commission shall have the power, subject to the provisions
 of section seventy-three of the civil  rights  law,  to  hold  hearings,
 subpoena  witnesses,  administer  oaths,  take  testimony and compel the
 production of books, papers, documents and other evidence in furtherance
 of  its  duties;  provided, however, that no subpoena shall issue except
 upon the affirmative vote of a majority of the whole membership  of  the
 commission.  The commission may request and shall receive from all agen-
 cies such assistance and data as will enable it properly  to  consummate
 any such examination, and review.
   §  5.  Section 88 of the legislative law, as amended by chapter 850 of
 the laws of 1990, is amended to read as follows:
   § 88. Reports. The commission shall, [from  time  to  time]  ANNUALLY,
 report  its  findings and recommendations to the governor, the temporary
 president of the senate and the speaker of the  assembly,  THE  MINORITY
 LEADER  OF  THE  SENATE, THE MINORITY LEADER OF THE ASSEMBLY, and to the
 members of the legislature, and may at any time make recommendations  to
 THE  DIVISION  OF  REGULATORY  REVIEW  AND ECONOMIC GROWTH AND an agency
 based upon its review of that agency's rule making process,  or  any  of
 the agency's proposed, revised or adopted rules.
   §  6.  The  legislative law is amended by adding a new section 88-a to
 read as follows:
   § 88-A. REGULATORY WEDNESDAYS. 1. EVERY WEDNESDAY, WHICH IS  A  SCHED-
 ULED  SESSION  DAY  FOR  THE  LEGISLATURE IN EVERY WEEK BEGINNING WITH A
 SCHEDULED SESSION DAY ON MONDAY, SHALL BE DEEMED  REGULATORY  WEDNESDAY.
 THE  COMMISSION  SHALL BE REQUIRED TO MEET ON EVERY REGULATORY WEDNESDAY
 TO PERFORM ITS POWERS AND DUTIES PURSUANT  TO  SECTION  EIGHTY-SEVEN  OF
 THIS ARTICLE.
   2.  ON  EVERY REGULATORY WEDNESDAY, THE SENATE AND ASSEMBLY SHALL TAKE
 UP ANY BILLS ON ANY ORDER OF THIRD READING THAT ARE BEFORE EACH  RESPEC-
 TIVE  HOUSE  FOR FINAL DISPOSITION, THAT HAVE GAINED THE APPROVAL OF THE
 COMMISSION PRIOR TO TAKING UP ANY OTHER BILL ON ANY ORDER OF THIRD READ-
 ING, UNLESS SUCH ACTION IS WAIVED, WITHOUT DEBATE, UPON A MAJORITY  VOTE
 OF THE MEMBERS PRESENT.
   § 7. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 8. This act shall take effect on the one hundred twentieth day after
 it shall have become a law and shall apply to rules and revised rules to
 be submitted for publication in the state register  on  and  after  such
 date.