Bill Text: NY A05585 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to regulatory impact statements for proposed agency regulations.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A05585 Detail]

Download: New_York-2019-A05585-Introduced.html

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                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 Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (c) of subdivision 3  of  section  202-a  of  the
     2  state  administrative  procedure  act,  as amended by chapter 520 of the
     3  laws of 1992, is amended to read as follows:
     4    (c) Costs. A statement detailing the  projected  costs  of  the  rule,
     5  which shall indicate:
     6    (i)  the  costs  for  the implementation of, and continuing compliance
     7  with, the rule to regulated persons;
     8    (ii) the costs for the implementation of, and continued administration
     9  of, the rule to the agency and to the state and its  local  governments;
    10  [and]
    11    (iii)  the information, including the source or sources of such infor-
    12  mation, and methodology upon which the cost analysis is based; [or] and
    13    (iv) a statement  detailing  an  aggregate  estimate  of  total  costs
    14  incurred  by  residents, businesses, local municipalities, and any other
    15  parties potentially impacted by the proposed regulations; or
    16    (v) where an agency finds that it cannot fully provide a statement  of
    17  such  costs,  a  statement  setting forth its best estimate, which shall
    18  indicate the information and methodology upon which such  best  estimate
    19  is  based and the reason or reasons why a complete cost statement cannot
    20  be provided;
    21    § 2. Section 203 of the state administrative procedure act is  amended
    22  by adding two new subdivisions 5 and 6 to read as follows:
    23    5.  Village  mayors,  town  supervisors,  county  executives,  and any
    24  elected state official may challenge the accuracy of a regulatory impact
    25  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
     1  paragraph  (c) of subdivision three of section two hundred two-a of this
     2  article. Such challenge shall be  filed  with  the  state  comptroller's
     3  office  and shall contain specific information concerning the purpose of
     4  such  challenge  and  any  evidence to support such challenge. The state
     5  comptroller's office shall have ninety days upon receipt of  such  chal-
     6  lenge  to issue a binding determination as to the accuracy of such regu-
     7  latory impact statement.
     8    6. If a regulatory impact statement for a proposed regulation contains
     9  a cost, as defined in paragraph (c) of subdivision three of section  two
    10  hundred  two-a  of  this article, in excess of one million dollars, such
    11  regulation shall be accompanied with proof of legislative approval prior
    12  to filing such regulation with the secretary of state. Such proof  shall
    13  consist of a certified copy of a floor vote supplied by the clerk of the
    14  assembly  or  the  secretary  of  the senate for their respective houses
    15  demonstrating a majority of the membership voting in the affirmative for
    16  the adoption of the proposed regulation.
    17    § 3. This act shall take effect immediately.