Bill Text: NY S06389 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes the agency regulatory reform officer and regulatory reform task force to oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms; defines terms; makes related provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-20 - RECOMMITTED TO RULES [S06389 Detail]
Download: New_York-2017-S06389-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6389 2017-2018 Regular Sessions IN SENATE May 12, 2017 ___________ Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business AN ACT to amend the state administration procedure act, in relation to establishing the agency regulatory reform officer and regulatory reform task force The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The state administrative procedure act is amended by adding 2 a new section 208 to read as follows: 3 § 208. Agency regulatory reform officer and regulatory reform task 4 force. 1. It is policy of the legislature to alleviate unnecessary regu- 5 latory burdens placed on the people and businesses of New York state. 6 Therefore, an agency regulatory reform officer and regulatory reform 7 task force shall be implemented immediately. 8 2. Regulatory reform officer (RRO). (a) Within ninety days of the 9 effective date of this section, the commissioner of each agency shall 10 designate an agency official as its regulatory reform officer. Each RRO 11 shall oversee the implementation of regulatory reform initiatives and 12 policies to ensure that agencies effectively carry out regulatory 13 reforms, consistent with applicable law. 14 (b) These policies shall include, but not be limited to: 15 (i) Reducing regulation and regulatory cost reduction; 16 (ii) Regulatory planning and review; 17 (iii) Regulatory retrospective review; and 18 (iv) Termination, consistent with applicable law, of programs and 19 activities that derive from or implement executive orders, guidance 20 documents, policy memoranda, rule interpretations, and similar documents 21 or relative portions thereof, that have been rescinded. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11724-02-7S. 6389 2 1 3. Each agency RRO shall conduct monthly meetings with the agency 2 commissioner or director and with agency leadership, meeting no less 3 than twelve times per year. 4 4. Each agency shall establish a regulatory reform task force composed 5 of: 6 (a) the agency RRO; 7 (b) a representative from the agency's counsel's office; and 8 (c) three additional senior agency officers as determined by the agen- 9 cy's commissioner. 10 5. Unless otherwise designated by the agency commissioner, the agency 11 RRO shall chair the agency's regulatory reform task force. 12 6. State public authorities, state commissions and state offices that 13 must comply with section one hundred one-a of the executive law must 14 also comply with this section unless a waiver is granted according to 15 subdivision twelve of this section. 16 7. Each regulatory reform task force shall evaluate existing regu- 17 lations and make recommendations to the agency commissioner regarding 18 their repeal, replacement, or modification, consistent with applicable 19 law. Each regulatory reform task force shall attempt to identify regu- 20 lations that: 21 (a) eliminate jobs; 22 (b) are outdated, unnecessary, or ineffective; 23 (c) impose costs that exceed benefits; and 24 (d) create a serious inconsistency or otherwise interfere with regula- 25 tory reform initiatives and policies. 26 8. In performing the evaluation described in subdivision seven of this 27 section, each regulatory reform task force shall seek input and other 28 assistance, as permitted by law, from entities significantly affected by 29 state regulations, including local and tribal governments, small busi- 30 nesses, consumers, non-governmental and trade associations. 31 9. Each agency commissioner should prioritize, to the extent permitted 32 by law, such regulations that the agency's regulatory reform task force 33 has identified as being outdated, unnecessary, or ineffective pursuant 34 to paragraph (b) of subdivision seven of this section. 35 10. Within one hundred eighty days of the effective date of this 36 section, and on a schedule determined by the agency commissioner there- 37 after, each regulatory reform task force shall provide a report to the 38 agency commissioner detailing the agency's progress toward the following 39 goals: 40 (a) improving implementation of regulatory reform initiatives and 41 policies pursuant to subdivision two of this section; and 42 (b) identifying regulations for repeal, replacement, or modification. 43 11. (a) Consistent with the policy set forth in subdivision one of 44 this section, each agency shall measure its progress in performing the 45 tasks outlined in subdivisions four and seven of this section. 46 (b) Agency commissioners shall prepare and submit progress reports, 47 based on their agency's regulatory reform task force reports; to the 48 governor, temporary president of the senate, speaker of the assembly, 49 minority leaders of the senate and assembly, co-chairs of the adminis- 50 trative regulations review commission, and the department of economic 51 development, on an annual basis coinciding with the state budget year 52 ending on March thirty-first. 53 12. (a) Upon the request of an agency commissioner, public authority 54 director, commission director, or office director; the temporary presi- 55 dent of the senate, the speaker of the assembly and the co-chairs of the 56 administrative regulations review commission, acting in concert, mayS. 6389 3 1 waive compliance with this section if they determine that the agency, 2 public authority, commission or office generally issues very few or no 3 regulations. 4 (b) The temporary president of the senate, the speaker of the assembly 5 and the co-chairs of the administrative regulations review commission, 6 acting in concert, may revoke a waiver at any time. 7 § 2. Section 102 of the state administrative procedure act is amended 8 by adding two new subdivisions 15 and 16 to read as follows: 9 15. "Regulatory reform officer" shall mean a person designated by the 10 agency commissioner that will lead regulatory reform efforts within the 11 agency. Each RRO shall oversee the implementation of regulatory reform 12 initiatives and policies to ensure that agencies effectively carry out 13 regulatory reforms, consistent with applicable law. The RRO will be 14 responsible for regulatory cost reduction, regulatory planning and 15 review, regulatory retrospective review, and termination of regulations 16 consistent with applicable law. 17 16. "Regulatory reform task force" shall mean a group of people 18 composed of the agency regulatory reform officer, a representative from 19 the agency's counsel's office, and three additional senior agency offi- 20 cials as determined by the agency's commissioner, that will review the 21 agency's rules and regulations for regulatory cost reduction, regulatory 22 planning and review, regulatory retrospective review, and termination of 23 regulations consistent with applicable law. 24 § 3. This act shall take effect immediately.
