Authorizes a group of businesses that are regulated by a state agency or a representative of such businesses to petition such agency for alternate rules

3 Co-sponsors

• Jeffrey D. Klein
• Diane J. Savino
• David J. Valesky

BILL NUMBER:S6446

Title of bill

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

Purpose

To reform the provisions of the state Administrative Procedure Act (SAPA) as it relates to petitions to secure alternate methods for implementing regulatory mandates. This bill, which expands this concept that is in law, includes any group of businesses in addition to municipal petitioners. Under current law, only groups of local governments can petition a state agency to use an alternative method to implement a rule. This bill will expand this concept of petitioning an alternative method to implement a rule to include business petitioners.

Summary of provisions

Section 1: Amends SAPA section 204-a to allow "regulated businesses" to also petition a state agency for approval to use an alternative method to comply with a rule instead of the standards prescribed in such rule. This section defines "regulated business" as any group of businesses that have a common interest such as a similar type of industry or trade or a geographical unity such as a statewide organization, or professional association or chamber of commerce which is based in a certain region or county. In addition, this section makes conforming changes so that regulated businesses can petition an agency for a alternative method.

This bill also revises the type of rules that are eligible to be the the subject of such a petition. Under current law, rules that have environmental, health, and safety standards are completely exempt from this procedure. This bill allows petitions for an alternative method to include environmental, health and safety rules, as long as the approved petition result will not diminish any environmental, health, or safety standard.

Section 2: Amends the expiring provisions of SAPA section 204-a so that the new provisions related to petitions filed by regulated businesses will still be incorporated in the law.

Section 3: Effective date

Justification

Under current law, associations of municipalities can petition to alter the enforcement mechanism or standards used in certain rules. This bill expands this concept to allow associations of businesses with the same ability as associations of municipalities to have the ability to petition a state agency. It is important to give the business community the same types of opportunities to ask for alternative methods to comply with a rule as is now afforded to groups of municipalities.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

January 1st next succeeding the day on which it shall have become law.