What's happening
This bill requires more detailed cost estimates for proposed regulations, allows officials to challenge regulatory impact statements, and mandates legislative approval for regulations with costs over $1 million.
Why it matters
Requires agencies to provide a more comprehensive accounting of the costs of new regulations. , including specific estimates of total expenses for residents, businesses, local governments, and other affected parties—not just agencies or regulated entities. This could highlight the full economic impact of proposed rules and potentially influence whether or how they are implemented.
Empowers local officials and elected state representatives to formally challenge the accuracy of regulatory cost estimates. by filing evidence-based objections with the state comptroller. This new challenge process could increase scrutiny of agency rulemaking and provide a formal avenue for contesting rules perceived as having underestimated costs.
Mandates legislative approval for any proposed regulation with a projected cost greater than $1 million. , requiring a majority vote in both legislative chambers before such rules can take effect. This shift gives elected lawmakers direct veto power over high-cost regulations, potentially slowing or blocking rules with significant economic impact and increasing political accountability for costly regulatory decisions.
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Who cares
State rulemaking agencies
Agencies would have to estimate aggregate costs to affected parties and obtain legislative approval before filing proposed regulations with a cost exceeding $1 million.
Village mayors, town supervisors, county executives and elected state officials
These officials could challenge the accuracy of agencies’ regulatory cost statements by submitting specific information and supporting evidence to the state comptroller’s office.
State comptroller’s office
The office would have 90 days after receiving a challenge to issue a binding determination on the regulatory impact statement’s accuracy.
Residents, businesses and local municipalities
Regulatory impact statements would have to include an aggregate estimate of total costs incurred by these groups and other potentially affected parties.
Headline styles
Stricter Cost Checks on Regulations
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Held for consideration in governmental operations
- Referred to governmental operations
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5585
2019-2020 Regular Sessions
IN ASSEMBLY
February 13, 2019
Introduced by M. of A. MANKTELOW -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to regulatory impact statements
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 3 of section 202-a of the state administrative procedure act, as amended by chapter 520 of the laws of 1992, is amended to read as follows:
(c) Costs. A statement detailing the projected costs of the rule, which shall indicate:
(i) the costs for the implementation of, and continuing compliance with, the rule to regulated persons;
(ii) the costs for the implementation of, and continued administration of, the rule to the agency and to the state and its local governments; [and]
(iii) the information, including the source or sources of such information, and methodology upon which the cost analysis is based; [or] and
(iv) a statement detailing an aggregate estimate of total costs incurred by residents, businesses, local municipalities, and any other parties potentially impacted by the proposed regulations; or
(v) where an agency finds that it cannot fully provide a statement of such costs, a statement setting forth its best estimate, which shall indicate the information and methodology upon which such best estimate is based and the reason or reasons why a complete cost statement cannot be provided;
§ 2. Section 203 of the state administrative procedure act is amended by adding two new subdivisions 5 and 6 to read as follows:
5. Village mayors, town supervisors, county executives, and any elected state official may challenge the accuracy of a regulatory impact statement developed by an agency in accordance with the provisions of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08940-01-9
A. 5585 2
paragraph (c) of subdivision three of section two hundred two-a of this article. Such challenge shall be filed with the state comptroller's office and shall contain specific information concerning the purpose of such challenge and any evidence to support such challenge. The state comptroller's office shall have ninety days upon receipt of such challenge to issue a binding determination as to the accuracy of such regulatory impact statement.
6. If a regulatory impact statement for a proposed regulation contains a cost, as defined in paragraph (c) of subdivision three of section two hundred two-a of this article, in excess of one million dollars, such regulation shall be accompanied with proof of legislative approval prior to filing such regulation with the secretary of state. Such proof shall consist of a certified copy of a floor vote supplied by the clerk of the assembly or the secretary of the senate for their respective houses demonstrating a majority of the membership voting in the affirmative for the adoption of the proposed regulation.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.