Bill Text: NY A05694 | 2011-2012 | General Assembly | Introduced
Bill Title: Encourages state agencies to become more accountable for their rule making process so that the rules adopted are cost effective; changes the definition of "substantial revision" to permit the office for regulatory reform, or the appropriate agency, to make a determination as to whether or not a specific revision qualifies as substantial; changes such definition to clarify that any change that would cause a regulated party to incur costs including, but not limited to, financial, personnel, capital, operational or maintenance costs, qualify as a substantial revision; requires an agency to submit a regulatory impact statement that contains a complete cost estimate for any proposal before the agency can file with the secretary of state a notice of adoption for a rule; alters the standards an agency shall satisfy before it can adopt a rule on an emergency basis; requires an examination of whether such a rule is compatible with any related federal requirements; requires the office for regulatory reform to establish guidelines for the preparation of any statement required in relation to a regulatory impact statement or regulatory flexibility analysis.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-09 - enacting clause stricken [A05694 Detail]
Download: New_York-2011-A05694-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5694 2011-2012 Regular Sessions I N A S S E M B L Y February 25, 2011 ___________ Introduced by M. of A. TOWNS -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state administrative procedure act, in relation to regulatory relief for health care providers, small businesses and other regulated parties and to repeal paragraph (c) of subdivision 3 of section 202-a of such act relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 9 of section 102 of the state administrative 2 procedure act, as amended by chapter 850 of the laws of 1990, is amended 3 to read as follows: 4 9. "Substantial revision" means any addition, deletion or other change 5 in the text of a rule proposed for adoption, which THE OFFICE OR THE 6 AGENCY DETERMINES materially alters its purpose, meaning or effect, [but 7 shall not include any change which merely defines or clarifies such text 8 and does not materially alter its purpose, meaning or effect. To deter- 9 mine] OR WHICH WOULD CAUSE A REGULATED PERSON TO INCUR COSTS, INCLUDING 10 BUT NOT LIMITED TO FINANCIAL, PERSONNEL, CAPITAL, OPERATIONAL, AND MAIN- 11 TENANCE COSTS, OR OTHERWISE ACT IN A MANNER MATERIALLY DIFFERENT THAN 12 REQUIRED BY THE MOST RECENT PUBLISHED VERSION OF THE PROPOSED RULE. IN 13 DETERMINING if the revised text of a proposed rule contains a substan- 14 tial revision, the revised text shall be compared to the text of the 15 rule for which a notice of proposed rule making was published in the 16 state register; provided, however, if a notice of revised rule making 17 was previously published in the state register, the revised text shall 18 be compared to the revised text for which the most recent notice of 19 revised rule making was published. 20 S 2. Section 102 of the state administrative procedure act is amended 21 by adding a new subdivision 12 to read as follows: 22 12. "OFFICE" MEANS THE OFFICE FOR REGULATORY REFORM. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09531-01-1 A. 5694 2 1 S 3. Paragraph (a) of subdivision 5 of section 202 of the state admin- 2 istrative procedure act, as amended by chapter 850 of the laws of 1990, 3 is amended to read as follows: 4 (a) When an agency files a rule with the secretary of state, such 5 agency shall also submit a notice of adoption to the secretary of state 6 for publication in the state register. Except as provided in subdivision 7 six of this section, an agency may not file a rule with, or submit a 8 notice of adoption to, the secretary of state unless: 9 (I) the agency has previously submitted a notice of proposed rule 10 making and complied with the provisions of this section, AND 11 (II) THE AGENCY SUBMITS A REGULATORY IMPACT STATEMENT OR A REVISED 12 REGULATORY IMPACT STATEMENT PREPARED PURSUANT TO SECTION TWO HUNDRED 13 TWO-A OF THIS ARTICLE THAT CONTAINS A COMPLETE COST ESTIMATE FOR SUCH 14 RULE AS REQUIRED BY PARAGRAPH (C) OF SUBDIVISION THREE OF SUCH SECTION; 15 PROVIDED, HOWEVER, THAT A BEST ESTIMATE OF COSTS PREPARED PURSUANT TO 16 SUCH PARAGRAPH (C) SHALL NOT BE DEEMED COMPLETE COST FOR THE PURPOSES OF 17 THIS PARAGRAPH. 18 S 4. Paragraph (c) of subdivision 3 of section 202-a of the state 19 administrative procedure act is REPEALED and a new paragraph (c) is 20 added to read as follows: 21 (C) COSTS. A STATEMENT DETAILING THE ESTIMATED COSTS OF THE RULE, 22 INCLUDING BUT NOT LIMITED TO ITS FINANCIAL, PERSONNEL, CAPITAL, OPERA- 23 TIONAL AND MAINTENANCE COSTS, AND PURSUANT TO SUBPARAGRAPH (VI) OF THIS 24 PARAGRAPH ANY CHANGE IN REVENUE CAUSED BY THE RULE. SUCH STATEMENT SHALL 25 CONTAIN: 26 (I) THE ESTIMATED COSTS FOR THE IMPLEMENTATION OF, AND CONTINUING 27 COMPLIANCE WITH, THE RULE TO REGULATED PERSONS; 28 (II) THE ESTIMATED COSTS FOR THE IMPLEMENTATION OF, AND CONTINUED 29 ADMINISTRATION OF, THE RULE TO THE AGENCY AND TO THE STATE AND ITS LOCAL 30 GOVERNMENTS; 31 (III) THE SOURCE OF SUCH COST ESTIMATES, PROVIDED, HOWEVER, WHERE COST 32 ESTIMATES FOR THE RULE HAVE BEEN SUBMITTED TO THE AGENCY BY REGULATED 33 PERSONS, SUCH STATEMENT SHALL IDENTIFY THE MANNER AND EXTENT TO WHICH 34 EACH SUCH SUBMITTED ESTIMATE WAS INCORPORATED INTO OR EXCLUDED FROM THE 35 COST ESTIMATE PREPARED BY THE AGENCY; 36 (IV) AN IDENTIFICATION, AS SPECIFICALLY AS POSSIBLE, OF THE PORTION OF 37 THE ESTIMATED COSTS THAT WOULD BE PAID FOR BY THE STATE AND BY A REGU- 38 LATED PERSON OR PERSONS; 39 (V) FOR RULES AFFECTING HEALTH CARE PROVIDERS REGULATED BY THE DEPART- 40 MENT OF HEALTH, INFORMATION ON WHETHER SUFFICIENT STATE FUNDS HAVE BEEN 41 APPROPRIATED AND ARE AVAILABLE TO IMPLEMENT THE RULE OR TO REIMBURSE 42 REGULATED PERSONS FOR THE COSTS INCURRED IN COMPLYING WITH THE RULE, 43 PROVIDED, HOWEVER, THAT A DECLARATION TO THIS EFFECT BY THE AGENCY, 44 WHICH IS APPROVED BY THE DIVISION OF THE BUDGET, SHALL BE SUFFICIENT TO 45 MEET THIS REQUIREMENT; 46 (VI) AN EVALUATION OF ANY REVENUE CHANGE THAT WILL BE INCURRED BY 47 REGULATED PERSONS AS A RESULT OF THE IMPLEMENTATION OF ANY RULE AFFECT- 48 ING HEALTH CARE PROVIDERS REGULATED BY THE DEPARTMENT OF HEALTH; 49 (VII) THE INFORMATION AND METHODOLOGY UPON WHICH THE COST ESTIMATE IS 50 BASED; AND 51 (VIII) A STATEMENT SETTING FORTH ITS BEST ESTIMATE OF SUCH COSTS WHEN 52 THE AGENCY FINDS THAT THE COST INFORMATION REQUIRED BY THIS PARAGRAPH 53 CANNOT BE FULLY PROVIDED. SUCH BEST ESTIMATE SHALL INDICATE THE INFORMA- 54 TION AND METHODOLOGY UPON WHICH SUCH BEST ESTIMATE IS BASED AND THE 55 REASON OR REASONS WHY A COMPLETE ESTIMATE CANNOT BE PROVIDED; A. 5694 3 1 S 5. Paragraph (h) of subdivision 3 of section 202-a of the state 2 administrative procedure act, as amended by chapter 520 of the laws of 3 1992, is amended to read as follows: 4 (h) Federal standards. A statement [identifying whether the rule 5 exceeds any minimum standards of the federal government for the same or 6 similar subject areas and, if so, an explanation of why the rule exceeds 7 such standards] COMPARING THE REQUIREMENTS OF THE RULE WITH ANY RELATED 8 FEDERAL REQUIREMENTS AND: 9 (I) IDENTIFYING WHETHER SUCH RULE EXCEEDS ANY MINIMUM STANDARDS OF THE 10 FEDERAL GOVERNMENT, AND, IF SO, EXPLAIN THE MANNER IN WHICH SUCH RULE 11 EXCEEDS THOSE STANDARDS, AND 12 (II) COMPARING THE REQUIREMENTS OF SUCH RULE WITH ANY RELATED FEDERAL 13 REQUIREMENTS AND ASCERTAIN THE COMPATIBILITY OF SUCH RULE WITH THOSE 14 REQUIREMENTS. SUCH STATEMENT SHALL ALSO DESCRIBE THE MANNER IN WHICH 15 REGULATED PERSONS MAY ACHIEVE COMPLIANCE DURING THE PENDENCY OF ANY 16 CONFLICT BETWEEN SUCH RULE AND ANY OTHER RELATED FEDERAL REQUIREMENT; 17 and 18 S 6. Section 202-a of the state administrative procedure act is 19 amended by adding a new subdivision 7 to read as follows: 20 7. THE OFFICE SHALL PROMULGATE RULES THAT ESTABLISH GUIDELINES FOR THE 21 PREPARATION OF ANY STATEMENT REQUIRED PURSUANT TO THIS SECTION. SUCH 22 GUIDELINES SHALL SPECIFY MINIMUM STANDARDS FOR COMPLYING WITH THIS 23 SECTION WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FORM, CONTENT, 24 AND MANNER OF SUBMISSION OF ANY COST ESTIMATES SUBMITTED TO AN AGENCY BY 25 A REGULATED PERSON, AND THE MINIMUM CONTENT OF ANY BEST ESTIMATE AND OF 26 THE COMPLETE COST ESTIMATE. 27 S 7. Section 202-b of the state administrative procedure act is 28 amended by adding a new subdivision 9 to read as follows: 29 9. THE OFFICE SHALL PROMULGATE RULES THAT ESTABLISH GUIDELINES FOR 30 PREPARING AN ANALYSIS AS REQUIRED PURSUANT TO THIS SECTION. SUCH GUIDE- 31 LINES SHALL SPECIFY MINIMUM STANDARDS FOR COMPLYING WITH THIS SECTION. 32 S 8. This act shall take effect on the first of October next succeed- 33 ing the date on which it shall have become a law and shall apply to rule 34 making notices submitted to the secretary of state pursuant to section 35 202 of the state administrative procedure act on and after such effec- 36 tive date; provided, however, that any rule or regulation necessary for 37 the timely implementation of this act on its effective date shall be 38 promulgated on or before such effective date.