Requires state agencies to review all rules adopted before 1997

1 Co-sponsor

• James L. Seward

Title of bill

An act to amend the state administrative procedure act, in relation to periodic review of existing rules

Purpose

The bill will amend the State Administrative Procedure Act review of existing rules to require that all regulations adopted into law pre-1960 will be reviewed by 2018, rules adopted between 1960 to 1970 will be reviewed by 2020, rules adopted between 1971 to 1980 will be reviewed by 2022, 1981 to 1990 will be reviewed by 2024, and 1991 to 1996 will be reviewed by 2026. Rules adopted from 1997 and after are covered by existing rule review law (SAPA Section 207).

Summary of provisions

Section one amends section 207 of the State Administrative Procedure Act to require that all regulations adopted into law pre-1960 will be reviewed and re-proposed by 2018, rules adopted between 1960 to 1970 will be reviewed and re-proposed by 2020, rules adopted between 1971 to 1980 will be reviewed and re-proposed by 2022, 1981 to 1990 will be reviewed and re-proposed by 2024, and 1991 to 1996 will be reviewed and re-proposed by 2026. Agencies will conduct their own respective reviews. Agencies will determine the relevance of said rules with respect to current technology, whether the rule is duplicative of federal regulation, and weather the rule has become outdated. Agencies cannot re-propose said regulations under the emergency rule making process unless the rule is determined to be necessary for public health, safety, or general welfare.

Justification

According to most business advocacy groups (Business Council of New York State, National Federation of Independent Business, and many chambers of commerce), New York has too much regulation and cannot fully compete with less regulated states. This bill will seek the sunset of all New York State regulations in ten-year intervals, allowing for rules deemed necessary to be re-proposed; however, regulations that effect the public health and safety of state residents will not be affected. New York State can no-longer continue to be one of the most heavily regulated states in the nation. Clearly, people and businesses are moving with their feet to less regulated and less taxed states. This legislation will seek to cut the State's regulatory burden and cut red tape for small and large businesses so that they can grow and thrive here while creating thousands of new jobs for our residents. In addition, this bill will seek to eliminate many of the mandates placed on local governments and school districts so that they can operate in a more efficient and less costly manner.

Legislative history

New bill

Fiscal implications

According to a 2013 Senate Majority Coalition report, "Public Forums on Regulatory Reform," the estimated cost of regulations on New York State's economy is $274 billion, approximately 23 percent of New York's economy. When this bill is signed into law and its process of rule review and elimination is completed, the State and its businesses will see significant savings in the millions of dollars if similar numbers can be achieved according to the report.

Effective date

This act shall take effect immediately.