Provides for public comment during the initial development, preparation and promulgation of rules

Summary of provisions

Section 1: Amends SAPA section 202(4-a) (b)to include in the rulemaking procedure when preparing a Notice of Revised Rule Making that the assessment of public comment shall include any comments submitted to the agency during the initial development, preparation and promulgation of a proposed rule.

Section 2: Amends SAPA section 202(5) (b) to include in the rulemaking procedure when preparing a Notice of Adoption that the assessment of public comment shall include any comments submitted to the agency during the initial development, preparation and promulgation of such rule when any Notice of Adoption is filed with the Secretary of State.

Section 3: Amends SAPA section 202-a(l)to provide for an affirmative duty upon a state agency that is proposing a rule or preparing a Regulatory Impact Statement (RIS) to be filed with a proposed rule to utilize approaches that are designed to avoid undue deleterious economic effects or overly burdensome impacts of a proposed rule during the initial development, preparation and promulgation of a rule.

Section 4: Amends SAPA section 202-a (3)to expand the types of cost estimates that must be contained in the RIS. This provision mandates that state agencies, when preparing cost estimates for a RIB must make a good faith effort to identify the potential costs of a proposed rule upon regulated persons. Further, that such RIB must outline state agency outreach efforts to solicit comments from regulated persons and the comments received due to such outreach efforts. In addition, the state agency shall disclose significant alternative approaches suggested by regulated persons prior to filing a proposed rulemaking.

Section 5: Amends SAPA section 202-a(6) to require a state agency to issue a Revised RIS if the information, costs, paper work, or alternative approaches in the initial RIS is misleading as is determined either by the state agency or which was brought to the attention of the state agency by a regulated person.

Sections 6, 7 and 8: Amends SAPA section 202-b to expand the types of cost estimates that must be contained in a Regulatory Flexibility

Analysis (RFA). The same type of outreach efforts, obtaining good faith cost estimates, and disclosing outreach efforts to obtain comments on such proposed rulemaking as were incorporated into the RIS in bill sections 3, 4, 5 would be incorporated into the RFA.

Justification

Currently, New York is viewed as not having a friendly business environment that encourages businesses of all sorts to stay or expand in this state or which encourages out-of-state businesses to relocate or expand here. Part of the reason for the business community's lack of confidence in expanding in this State and perception that it is not a business friendly is due to the many unnecessary, over burdensome, or overly strict regulations that private businesses must comply with to operate in this State. These New York State imposed costs are due to this State's adverse regulatory environment which leads to additional costs to operate a business in this State and consequently less profit can be derived from New York operations as opposed to businesses that operate in other states.

This bill places upon state agencies that are promulgating new rules to actively solicit comments for regulated persons who may be adversely affected by a proposed rule before such rule is filed with the Secretary of State,. Further, in soliciting comments, such state agency should obtain bona fide cost estimates for the costs to be imposed by such proposed rule and other comments related to alternative approaches to regulating the subject matter in question that minimizes adverse affects on such regulated persons.

Legislative history

S6439 of 2012 S2160 of 2013

Fiscal implications

None.

Effective date

January 1st of the year next succeeding the date on which is shall have become law.