Senate Bill S930

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    930
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. GALLIVAN, BORRELLO, MURRAY, OBERACKER -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Commerce, Economic Development and Small Business
 
 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.
              

                                                            LBD02843-01-5
 S. 930                              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 CHAIR OF THE ADMIN-
 ISTRATIVE REGULATORY REVIEW COMMISSION; TWO  MEMBERS  APPOINTED  BY  THE
 SPEAKER OF THE ASSEMBLY, ONE OF WHICH SHALL BE THE ASSEMBLY CHAIR 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 EXPERI-
 ENCE IN REGULATORY OR ADMINISTRATIVE LAW, OR EXPERIENCE IN A FIELD REGU-
 LATED 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  TWENTY-SIX,  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 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 RULE-
 MAKING 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.