Broadens considerations required during review of existing administrative rules and during creation of new rules

Summary of provisions

Section 1 amends section 207 of the State Administrative Procedure Act to require all rules adopted before the effective date of the section to be initially reviewed no later than in the 2019 calendar year, and at five-year intervals thereafter.

Further, it states that agencies shall provide additional information in its regulatory agenda for each rule being reviewed including: the need for such rule, the legal basis of such rule, whether the rule is duplicative of any other rule or regulation, whether the rule reflects or utilizes current technology, and whether the rule reflects current industry practices and standards.

Section 2 amends section 202 of the State Administrative Procedure Act to require agencies to provide additional information in its notice of proposed rule making including: the need for such rule, whether the rule is duplicative of any other rule or regulation, whether the rule reflects or utilizes current technology, and whether the rule reflects current industry practices and standards.

Section 3 amends section 202 of the State Administrative Procedure Act to require agencies to provide additional information in its notice of adoption including: the need for such rule, whether the rule is duplicative of any other rule or regulation, whether the rule reflects or utilizes current technology, and whether the rule reflects current industry practices and standards.

Section 4 states that this bill shall take effect immediately.

Justification

In the fall of 2013, the Senate Majority Coalition held a series of industry-specific forums across New York State to identify burdensome and duplicitous state regulations. To be sure, regulations are a vital part of state government, critical in promoting public welfare. However, the rules should not be arbitrary, the reporting should not be duplicative, and the requirements should be easily accessible by those who must comply. The Senate Majority Coalition issued a comprehensive report that shed light on New York State's notoriously dense regulatory structure, identifying numerous rules, regulations, and practices that put New York State's businesses at a competitive disadvantage. This report was only the first step in an ongoing effort

by the Senate Majority Coalition to minimize the regulatory burden of New York State.

This bill furthers this effort by amending the State Administrative Procedure Act to provide for a more comprehensive review of agency rules. Currently, agencies are only required to review rules promulgated since 1997 on a five-year review cycle. This bill extends that review requirement to all existing agency rules. This will ensure that agencies look at every single rule on the books and provide an explanation for why the rule is still necessary.

This bill also requires agencies to provide additional information regarding a rule in its five-year review, notice of proposed rule making, and notice of adoption. Currently, agencies are only required to provide an analysis of the need for and legal basis of each rule. This minimal analysis does not address the real problem with New York State's regulatory structure: rules that are duplicative, do not take into account current technology, and are not up to date with current industry practices. This bill addresses the problem by requiring agencies to analyze existing rules using the above listed criteria and report their findings.

Legislative history

New bill.

Fiscal implications

None to the state

Effective date

Immediately.