S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10419

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced  by  M. of A. KOLB -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the executive law, the  state  administrative  procedure
  act and the legislative law, in relation to the division of regulatory
  review and economic growth

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new article 51  to
read as follows:
                               ARTICLE 51
            DIVISION OF REGULATORY REVIEW AND ECONOMIC GROWTH
SECTION 1010. DEFINITIONS.
        1011. DIVISION OF REGULATORY REVIEW AND ECONOMIC GROWTH.
        1012. GENERAL FUNCTIONS, POWERS AND DUTIES.
        1013. ASSISTANCE OF OTHER STATE AGENCIES.
        1014. REGULATION REVIEW.
        1015. DIVISION ANNUAL RECOMMENDATIONS.
        1016. IMPLEMENTATION OF RECOMMENDATIONS.
        1017. COST OF REGULATION STUDY.
  S  1010.  DEFINITIONS.  WHEN USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DIVISION OF REGULATORY
REVIEW AND ECONOMIC GROWTH.
  2. "DIVISION" MEANS THE DIVISION OF  REGULATORY  REVIEW  AND  ECONOMIC
GROWTH CREATED BY THIS ARTICLE.
  3.  "PERMIT"  SHALL MEAN THE WHOLE OR PART OF ANY STATE AGENCY PERMIT,
LICENSE, CERTIFICATE, APPROVAL, REGISTRATION, CHARTER, OR  SIMILAR  FORM
OF  PERMISSION  OR  AUTHORITY  REQUIRED  BY  LAW OR BY STATE AGENCY RULE
HAVING THE FORCE AND EFFECT OF LAW, WHICH IS  REQUIRED  FOR  A  BUSINESS
UNDERTAKING,  PROJECT  OR ACTIVITY; PROVIDED, HOWEVER, IT SHALL NOT MEAN
INDIVIDUAL LICENSES FOR PRACTICING  A  PROFESSION  PRESCRIBED  IN  TITLE
EIGHT  OF  THE EDUCATION LAW, FILINGS UNDER THE UNIFORM COMMERCIAL CODE,
OR ROUTINE LICENSES AND PERMITS  FOR  INDIVIDUAL  PRIVILEGES,  INCLUDING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15798-01-2
              

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LICENSES  FOR  OPERATING  A MOTOR VEHICLE AND AMATEUR SPORTING LICENSES,
SUCH AS FOR HUNTING AND FISHING.
  4. "RULE" MEANS A RULE AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH (A)
OF  SUBDIVISION  TWO OF SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRA-
TIVE PROCEDURE ACT, INCLUDING RULES OF THE WORKERS' COMPENSATION  BOARD,
BUT  DOES  NOT  INCLUDE  THE  RULES OF THE STATE COMPTROLLER OR ATTORNEY
GENERAL, RULES  REGARDING  JURISDICTIONAL  CLASSIFICATIONS  PURSUANT  TO
SUBDIVISION  ONE OF SECTION SIX OF THE CIVIL SERVICE LAW, AND THE ALTER-
ATION OF HUNTING OR FISHING SEASONS PURSUANT TO ARTICLE  ELEVEN  OF  THE
ENVIRONMENTAL CONSERVATION LAW.
  5.  "STATE  AGENCY"  MEANS  AN AGENCY AS DEFINED IN SUBDIVISION ONE OF
SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  S 1011.  DIVISION OF REGULATORY REVIEW AND ECONOMIC GROWTH.  1.  THERE
IS HEREBY CREATED IN THE EXECUTIVE DEPARTMENT THE DIVISION OF REGULATORY
REVIEW  AND  ECONOMIC  GROWTH.  THE  HEAD  OF  THE DIVISION SHALL BE THE
COMMISSIONER OF THE DIVISION WHO SHALL BE APPOINTED BY THE GOVERNOR WITH
THE CONSENT OF THE SENATE AND SERVE A TERM OF FIVE YEARS.
  2. THE COMMISSIONER MUST HAVE AT LEAST TEN YEARS OF EXPERIENCE RUNNING
A FOR-PROFIT BUSINESS, WITH AT LEAST THREE YEARS EXPERIENCE AS THE CHIEF
EXECUTIVE OFFICER, CHIEF OPERATING   OFFICER, CHIEF  FINANCIAL  OFFICER,
PRESIDENT,  OWNER, OR ANY OTHER TITLE USED FOR THE HIGHEST RANKING OFFI-
CER, ADMINISTRATOR OR MANAGER OF A FOR-PROFIT BUSINESS.
  3. THE COMMISSIONER SHALL BE APPOINTED BY THE GOVERNOR  WITHIN  THIRTY
DAYS OF THE EFFECTIVE DATE OF THIS SECTION AND WITHIN THIRTY DAYS OF THE
EXPIRATION  OF EVERY FIVE YEAR TERM THEREAFTER, AND UPON CONFIRMATION OF
THE SENATE SHALL SERVE A TERM OF FIVE YEARS EFFECTIVE FROM THE  DATE  OF
CONFIRMATION.  IF  THE SENATE REJECTS AN APPOINTMENT, THE GOVERNOR SHALL
HAVE THIRTY DAYS FROM THE DATE  OF  THE  REJECTION  TO  APPOINT  ANOTHER
COMMISSIONER.
  4.  THE  COMMISSIONER  MAY  ONLY  BE  REMOVED  FROM OFFICE BY A FELONY
CONVICTION OR A CRIME INVOLVING A VIOLATION OF HIS OR HER OATH OF OFFICE
OR BY THE ASSENT OF TWO-THIRDS OF THE MEMBERS ELECTED TO EACH BRANCH  OF
THE LEGISLATURE VOTING SEPARATELY.
  5. SUCH COMMISSIONER SHALL RECEIVE AN ANNUAL SALARY TO BE FIXED BY THE
GOVERNOR  WITHIN THE AMOUNT MADE AVAILABLE THEREFOR BY APPROPRIATION AND
SHALL BE ALLOWED HIS  OR  HER  ACTUAL  AND  NECESSARY  EXPENSES  IN  THE
PERFORMANCE OF HIS OR HER DUTIES.
  6.  UPON  APPOINTMENT  AND  UNTIL  SUCH TERM EXPIRES, THE COMMISSIONER
SHALL NOT (A) PARTICIPATE IN ANY PARTISAN  POLITICAL  PARTY  ACTIVITIES,
EXCEPT THAT SUCH CANDIDATE MAY REGISTER TO VOTE AS A MEMBER OF ANY POLI-
TICAL  PARTY  AND MAY VOTE IN ANY PARTY PRIMARY FOR CANDIDATES FOR NOMI-
NATION OF THE PARTY IN WHICH HE  OR  SHE  IS  REGISTERED  TO  VOTE;  (B)
ENDORSE  ANY  CANDIDATE OR POLITICAL PARTY; OR (C) MAKE CONTRIBUTIONS TO
ANY CANDIDATE, POLITICAL PARTY COMMITTEE, POLITICAL ACTION COMMITTEE  OR
POLITICAL COMMITTEE PURSUANT TO SUBDIVISION TEN OF SECTION 14-114 OF THE
ELECTION LAW.
  7. THE COMMISSIONER SHALL DIRECT THE WORK OF THE DIVISION AND SHALL BE
THE  CHIEF EXECUTIVE OFFICER OF THE DIVISION. THE COMMISSIONER MAY ENTER
INTO CONTRACTS AND EXPEND MONEY, AND APPOINT SUCH OFFICERS AND EMPLOYEES
AS HE OR SHE MAY DEEM  NECESSARY,  PRESCRIBE  THEIR  DUTIES,  FIX  THEIR
COMPENSATION,  AND  PROVIDE FOR THE REIMBURSEMENT OF THEIR EXPENSES, ALL
WITHIN AMOUNTS MADE AVAILABLE  THEREFOR  BY  APPROPRIATION.  SUCH  STAFF
SHALL  BE  MANAGEMENT  CONFIDENTIAL  EMPLOYEES  WITH AN UNDERSTANDING OF
PRIVATE SECTOR BUSINESS.
  S 1012. GENERAL FUNCTIONS, POWERS AND DUTIES. THE DIVISION OF  REGULA-
TORY  REVIEW AND ECONOMIC GROWTH, BY AND THROUGH THE COMMISSIONER OR HIS

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OR HER DULY AUTHORIZED OFFICERS AND EMPLOYEES, SHALL HAVE THE  FOLLOWING
FUNCTIONS, POWERS AND DUTIES:
  1. TO PROVIDE AN OVERSIGHT, REVIEW AND ANALYSIS OF THE RULES AND REGU-
LATORY PROCESSES OF STATE AGENCIES.
  2.  TO MAKE BINDING RECOMMENDATIONS TO THE GOVERNOR AND LEGISLATURE ON
BURDENSOME NEW YORK STATE CODES, RULES,  REGULATIONS,  REGULATORY  PROC-
ESSES,  AND  PERMIT REQUIREMENTS TO ELIMINATE OR AMEND THEM, PURSUANT TO
SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE.
  3. TO REVIEW THE  ENVIRONMENTAL  QUALITY  REVIEW  PROCESS  ESTABLISHED
UNDER  ARTICLE  EIGHT  OF  THE  ENVIRONMENTAL  CONSERVATION LAW AND MAKE
RECOMMENDATIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION TO ESTABLISH
A MORE EFFICIENT, PREDICTABLE, TIMELY, AND TRANSPARENT PROCESS,  AND  TO
ENSURE  THAT  THE  PROCESS  DOES  NOT STIFLE ECONOMIC GROWTH IN NEW YORK
STATE.
  4. TO REVIEW PERMIT REQUIREMENTS AND THE NEED BY THE STATE TO  REQUIRE
SUCH PERMITS. THE DIVISION SHALL MAKE RECOMMENDATIONS PURSUANT TO SUBDI-
VISION  TWO  OF  THIS SECTION TO ELIMINATE, CONSOLIDATE, SIMPLIFY, EXPE-
DITE, OR OTHERWISE IMPROVE PERMITS,  PERMIT  PROCEDURES,  AND  PAPERWORK
BURDENS AFFECTING LOCAL GOVERNMENTS, SCHOOL DISTRICTS OR BUSINESSES.
  5.  TO ENCOURAGE AND FACILITATE THE PARTICIPATION OF FEDERAL AND LOCAL
GOVERNMENT AGENCIES IN REGULATORY REVIEW.
  6. TO ESTABLISH AN 800 HOTLINE AND WEBSITE TO PROVIDE BUSINESSES  WITH
ONE  CONTACT  NUMBER  TO  DIRECT  QUESTIONS AND TO PROVIDE ASSISTANCE TO
BUSINESSES IN THE STATE OR BUSINESSES LOOKING TO OPEN OR EXPAND  IN  NEW
YORK STATE. SUCH HOTLINE MAY BE USED TO REPORT REGULATORY BURDENS, STATE
AGENCIES  OVERREACHING  THEIR  POWER,  EXCESSIVE  FINES  AND  TO  SUBMIT
REQUESTS FOR REGULATORY REVIEW BY THE COMMISSIONER.
  7. TO ADOPT SUCH RULES AND REGULATIONS, PROCEDURES, INSTRUCTIONS,  AND
FORMS  AS ARE NECESSARY OR DESIRABLE TO CARRY OUT THE FUNCTIONS, POWERS,
AND DUTIES IMPOSED UPON THE DIVISION BY THIS ARTICLE.
  8. TO PUBLISH AN ANNUAL REPORT, AFTER JANUARY FIRST AND BEFORE  FEBRU-
ARY  FIRST,  COMMENCING TWO THOUSAND FOURTEEN, INCLUDING ALL RECOMMENDA-
TIONS PROPOSED BY THE DIVISION AND THOSE RECOMMENDATIONS IMPLEMENTED  BY
THE  STATE  DURING  THE  PRIOR  CALENDAR YEAR. SUCH REPORT SHALL INCLUDE
SPECIFIC DETAILS CONCERNING ESTIMATED COST SAVINGS TO THE TAXPAYERS FROM
PROPOSED RECOMMENDATIONS AND ACTUAL COST SAVINGS TO THE  TAXPAYERS  FROM
IMPLEMENTED RECOMMENDATIONS.
  S 1013. ASSISTANCE OF OTHER STATE AGENCIES. TO EFFECTUATE THE PURPOSES
OF  THIS  ARTICLE, THE COMMISSIONER MAY REQUEST AND SHALL BE ENTITLED TO
RECEIVE FROM ANY STATE AGENCY, AND THE SAME ARE AUTHORIZED  TO  PROVIDE,
SUCH ASSISTANCE, SERVICES, FACILITIES, AND DATA AS WILL ENABLE THE DIVI-
SION TO CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
  S  1014.  REGULATION REVIEW. 1. IN DEVELOPING A RULE, EACH AGENCY HEAD
SHALL, PRIOR TO SUBMITTING A NOTICE OF PROPOSED  OR  REVISED  RULEMAKING
FOR  PUBLICATION  IN  THE STATE REGISTER PURSUANT TO SECTION TWO HUNDRED
TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, SUBMIT TO THE COMMISSION-
ER, IN SUCH FORM AND MANNER  AS  THE  COMMISSIONER  MAY  PRESCRIBE,  THE
COMPLETE TEXT OF THE RULE, ANY IMPACT STATEMENTS WHICH WOULD BE REQUIRED
BY  ARTICLE TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT TO PROPOSE THE
RULE, AND ANY COST-BENEFIT ANALYSIS, RISK ASSESSMENT AND/OR THE  RESULTS
OF  A NEGOTIATED RULEMAKING OR POLICY DIALOGUE UNDERTAKEN IN CONJUNCTION
WITH THE DEVELOPMENT OF THE RULE.
  2. THE COMMISSIONER SHALL REVIEW THE AGENCY'S SUBMISSION TO  DETERMINE
WHETHER  IT  IS  COMPLETE AND IN ACCORDANCE WITH THE GOALS, CRITERIA AND
REQUIREMENTS OF THIS ARTICLE AND ARTICLE TWO OF THE STATE ADMINISTRATIVE
PROCEDURE ACT, INCLUDING WHETHER THE RULE:

A. 10419                            4

  (A) IS CLEARLY WITHIN THE AUTHORITY DELEGATED BY LAW;
  (B) IS CONSISTENT WITH AND NECESSARY TO ACHIEVE A SPECIFIC LEGISLATIVE
INTENT  OF PROMOTING ECONOMIC GROWTH OR PROTECTING THE HEALTH AND SAFETY
OF THE PUBLIC;
  (C) IS CONSISTENT WITH STATE STATUTORY REQUIREMENTS;
  (D) DOES NOT IMPOSE A MANDATE ON LOCAL GOVERNMENTS,  SCHOOL  DISTRICTS
OR  BUSINESSES THAT IS NOT FULLY FUNDED, EXCEPT AS SPECIFICALLY REQUIRED
BY STATE STATUTE;
  (E) IS CLEARLY WRITTEN SO THAT ITS MEANING WILL BE  EASILY  UNDERSTOOD
BY THOSE PERSONS AFFECTED BY IT;
  (F)  DOES  NOT  UNNECESSARILY  DUPLICATE OR EXCEED EXISTING FEDERAL OR
STATE STATUTES OR RULES;
  (G) PRESCRIBES METHODOLOGIES  OR  REQUIREMENTS  THAT  ALLOW  REGULATED
PARTIES  FLEXIBILITY AND ENCOURAGE INNOVATION IN MEETING THE LEGISLATIVE
OR ADMINISTRATIVE REQUIREMENTS AND OBJECTIVES UNDERLYING THE RULE;
  (H) IS BASED ON CREDIBLE ASSESSMENTS, USING RECOGNIZED  STANDARDS,  OF
THE  DEGREE  AND NATURE OF THE RISKS WHICH MAY BE REGULATED, INCLUDING A
COMPARISON WITH EVERYDAY RISKS FAMILIAR TO THE PUBLIC;
  (I) GIVES PREFERENCE TO THE LEAST COSTLY, LEAST BURDENSOME  REGULATORY
AND PAPERWORK REQUIREMENTS NEEDED TO ACCOMPLISH LEGISLATIVE AND ADMINIS-
TRATIVE OBJECTIVES;
  (J) IS BASED UPON THE BEST SCIENTIFIC, TECHNICAL AND ECONOMIC INFORMA-
TION THAT CAN REASONABLY AND AFFORDABLY BE OBTAINED; AND
  (K)  IF  POSSIBLE  AND PRACTICAL, FAVORS MARKET-ORIENTED SOLUTIONS AND
PERFORMANCE STANDARDS OVER COMMAND-AND-CONTROL REGULATION.
  3. IF THE COMMISSIONER DETERMINES THAT  THE  SUBMISSION  IS  COMPLETE,
COMPLIES  WITH  THE  PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, WILL
PROMOTE ECONOMIC GROWTH, OR IS VITAL TO PROTECT THE HEALTH AND SAFETY OF
THE PUBLIC, THE COMMISSIONER SHALL AUTHORIZE THE AGENCY  TO  SUBMIT  THE
RULEMAKING FOR PUBLICATION IN THE STATE REGISTER PURSUANT TO SECTION TWO
HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  4.  IF  THE  COMMISSIONER DETERMINES THE SUBMISSION IS NOT COMPLETE OR
DOES NOT COMPLY  WITH  THE  REQUIREMENTS  OF  SUBDIVISION  TWO  OF  THIS
SECTION,  OR  IS DETRIMENTAL TO ECONOMIC GROWTH IN NEW YORK STATE, OR IS
NOT VITAL TO PROTECT THE HEALTH AND SAFETY OF THE  PUBLIC,  THE  COMMIS-
SIONER MAY REJECT THE RULE OR RETURN IT TO THE AGENCY, TOGETHER WITH ANY
DIRECTION  THAT  THE  AGENCY  AMEND,  PREPARE  OR  REVISE  THE RULE, ANY
SUPPORTING IMPACT STATEMENTS, COST BENEFIT  ANALYSIS,  RISK  ASSESSMENT,
AND/OR UNDERTAKE A NEGOTIATED RULEMAKING OR POLICY DIALOGUE TO DEVELOP A
RULE  FOR PROPOSAL.   THE DIVISION MAY ASSIST THE AGENCY IN DEVELOPING A
PROPOSAL THAT MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION.
  5. AN AGENCY  MAY  CONSULT  INFORMALLY  WITH  THE  DIVISION  REGARDING
PROPOSED RULES, SUPPORTING IMPACT STATEMENTS, AND OTHER DOCUMENTS AT ANY
TIME  PRIOR  TO THE SUBMISSION OF SUCH MATERIALS PURSUANT TO SUBDIVISION
ONE OF THIS SECTION. SUCH INFORMAL CONSULTATION SHALL NOT BE BINDING  ON
THE DIVISION OR THE AGENCY.
  6.  NO  AGENCY HEAD SHALL SUBMIT A NOTICE OF PROPOSED OR REVISED RULE-
MAKING FOR PUBLICATION IN THE STATE REGISTER  PURSUANT  TO  SECTION  TWO
HUNDRED  TWO  OF THE STATE ADMINISTRATIVE PROCEDURE ACT, WITHOUT EXPRESS
APPROVAL BY THE COMMISSIONER. THE  COMMISSIONER,  IN  HIS  OR  HER  SOLE
DISCRETION,  MAY  REJECT  ANY PARTICULAR RULE OR CATEGORY OF RULES HE OR
SHE DETERMINES IS DETRIMENTAL TO ECONOMIC GROWTH IN NEW YORK  STATE,  OR
IS  NOT  VITAL TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC. THE DIVI-
SIONS SHALL PROMPTLY NOTIFY THE AGENCY OF ANY SUCH REJECTION.
  S 1015. DIVISION ANNUAL RECOMMENDATIONS. ON OR BEFORE JANUARY 1,  2013
AND ANNUALLY THEREAFTER, THE DIVISION SHALL TRANSMIT TO THE GOVERNOR AND

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THE  LEGISLATURE  A  REPORT  CONTAINING ITS RECOMMENDATIONS, WHICH SHALL
INCLUDE: 1. SPECIFIC RECOMMENDATIONS FOR REPEALING OR AMENDING NEW  YORK
STATE  CODES,  RULES,  REGULATIONS,  REGULATORY  PROCESSES,  AND  PERMIT
REQUIREMENTS AS IT DEEMS NECESSARY TO LOWER COSTS FOR LOCAL GOVERNMENTS,
SCHOOL  DISTRICTS  AND  BUSINESSES  OR  PROMOTE  ECONOMIC GROWTH; AND 2.
RECOMMENDED DATES BY WHICH SUCH ACTIONS SHOULD OCCUR.
  S 1016. IMPLEMENTATION  OF  RECOMMENDATIONS.  1.  NOTWITHSTANDING  ANY
CONTRARY  PROVISION  OF LAW, RULE OR REGULATION RELATED TO THE REPEAL OR
AMENDMENT OF ANY NEW YORK STATE CODES,  RULES,  REGULATIONS,  REGULATORY
PROCESSES,  AND  PERMIT REQUIREMENTS IDENTIFIED IN THE DIVISION'S RECOM-
MENDATIONS, THE SECRETARY OF STATE SHALL TAKE ALL ACTIONS  NECESSARY  TO
IMPLEMENT,  IN  A REASONABLE, COST-EFFICIENT MANNER, THE RECOMMENDATIONS
OF THE DIVISION PURSUANT TO SECTION ONE THOUSAND FIFTEEN OF  THIS  ARTI-
CLE,  INCLUDING,  BUT  NOT  LIMITED TO COORDINATION WITH STATE AGENCIES,
AUTHORITIES, AND OTHER PARTIES AS THE COMMISSIONER DEEMS APPROPRIATE.
  2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT  APPLY:
(A)  UNLESS  THE  GOVERNOR  HAS  TRANSMITTED THE DIVISION'S REPORT UNDER
SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE WITH  HIS  OR  HER  WRITTEN
APPROVAL  OF THE RECOMMENDATIONS OF THE DIVISION PURSUANT TO SECTION ONE
THOUSAND FIFTEEN OF THIS ARTICLE TO THE SECRETARY OF STATE AND TRANSMIT-
TED A MESSAGE  TO  THE  LEGISLATURE  STATING  HIS  OR  HER  APPROVAL  OR
REJECTION  OF  THE REPORT WITHIN FIVE DAYS OF RECEIVING SUCH REPORT; AND
(B) IF A MAJORITY OF THE MEMBERS OF EACH HOUSE OF THE  LEGISLATURE  VOTE
TO  ADOPT  A  CONCURRENT RESOLUTION REJECTING THE RECOMMENDATIONS OF THE
DIVISION PURSUANT TO SECTION ONE THOUSAND FIFTEEN  OF  THIS  ARTICLE  IN
THEIR  ENTIRETY  WITHIN  SIXTY  DAYS, AFTER RECEIVING A MESSAGE FROM THE
GOVERNOR UNDER THIS SUBDIVISION. IN NO  EVENT  SHALL  THE  SECRETARY  OF
STATE BEGIN TO IMPLEMENT THE RECOMMENDATIONS OF THE DIVISION PURSUANT TO
SECTION  ONE THOUSAND FIFTEEN OF THIS ARTICLE PRIOR TO THE EXPIRATION OF
THE LEGISLATURE'S SIXTY DAY REVIEW PERIOD.
  S 1017. COST OF REGULATION STUDY. THE COMMISSIONER IS  HEREBY  AUTHOR-
IZED  AND  DIRECTED TO PREPARE OR HAVE PREPARED A COMPREHENSIVE STUDY TO
MEASURE AND REPORT THE COST OF REGULATIONS TO BUSINESSES THROUGHOUT  THE
STATE OF NEW YORK.
  2.  SUCH STUDY SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS OF THE EFFEC-
TIVE DATE OF THIS ACT.
  S 2. Paragraph (a) of subdivision 6-a of  section  202  of  the  state
administrative  procedure  act, as amended by chapter 171 of the laws of
1994, is amended to read as follows:
  (a) An agency shall transmit a copy of any rule making notice prepared
pursuant to this article AND APPROVED BY THE COMMISSIONER OF  THE  DIVI-
SION  OF  REGULATORY  REVIEW  AND  ECONOMIC  GROWTH  PURSUANT TO ARTICLE
FIFTY-ONE OF THE EXECUTIVE LAW to the governor, the temporary  president
of  the  senate, the speaker of the assembly, THE MINORITY LEADER OF THE
SENATE, THE MINORITY LEADER OF THE ASSEMBLY,  the  administrative  regu-
lations  review  commission  and the office of regulatory and management
assistance at the time such notice is  submitted  to  the  secretary  of
state  for  publication  in  the  state register. Such transmittal shall
include the complete rule text, regulatory impact statement,  regulatory
flexibility  analysis,  rural  area  flexibility  analysis, or revisions
thereof, and any other information submitted to the secretary  of  state
pursuant to this article.
  S 3. Section 86 of the legislative law, as added by chapter 689 of the
laws of 1978, is amended to read as follows:
  S 86. Administrative  regulations  review  commission. There is hereby
created an administrative regulations review commission  to  consist  of

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two  members of the senate to be appointed by the temporary president of
the senate, two members of the assembly to be appointed by  the  speaker
of  the assembly, [one member] TWO MEMBERS of the senate to be appointed
by the minority leader of the senate and [one member] TWO MEMBERS of the
assembly  to  be  appointed  by the minority leader of the assembly. The
temporary president of the senate and the speaker of the assembly  shall
each  appoint  a  co-chairman from among the commission membership.  Any
vacancies shall be filled in the same manner as  the  original  appoint-
ment.    Such  appointees  shall serve at the pleasure of the respective
legislative member making such appointment.
  S 4. Section 87 of the legislative law, as added by chapter 689 of the
laws of 1978, is amended to read as follows:
  S 87. Powers and duties. 1. The commission shall  exercise  continuous
oversight of the process of rule making and examine rules, as defined in
subdivision  two  of section one hundred two of the state administrative
procedure act, adopted or proposed by each agency with  respect  to  (i)
statutory  authority,  (ii)  compliance  with  legislative intent, (iii)
impact on the economy and on the government operations of the state  and
its  local  governments,  and  (iv)  impact on affected parties; and, in
furtherance of such duties, may examine other issues it deems  appropri-
ate. For purpose of this article, the term agency shall mean any depart-
ment, board, bureau, commission, division, office, council, committee or
officer of the state or a public benefit corporation or public authority
at least one of whose members is appointed by the governor.
  2. THE COMMISSION SHALL REVIEW ANY LEGISLATION REQUIRING A COMMISSION-
ER OR AGENCY AS DEFINED BY SUBDIVISION ONE OF SECTION ONE HUNDRED TWO OF
THE  STATE  ADMINISTRATIVE PROCEDURE ACT, TO PROMULGATE ANY CODES, RULES
AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION  AND  MAKE  RECOMMENDA-
TIONS  TO  THE  MEMBERS  OF THE LEGISLATURE. SUCH RECOMMENDATIONS SHOULD
INCLUDE THE COMMISSION'S APPROVAL IF THE LEGISLATION IS DEEMED NECESSARY
TO PROTECT THE HEALTH AND SAFETY  OF  THE  PUBLIC  OR  THE  COMMISSION'S
DISAPPROVAL IF SUCH LEGISLATION IS DEEMED DETRIMENTAL TO ECONOMIC GROWTH
IN  NEW  YORK STATE, OR IS NOT VITAL TO PROTECT THE HEALTH AND SAFETY OF
THE PUBLIC.
  3. THE COMMISSION SHALL REVIEW NEW YORK STATE LAWS THAT RESULT IN  THE
PROMULGATION  OF CODES, RULES OR REGULATIONS BY A COMMISSIONER OR AGENCY
AS DEFINED BY SUBDIVISION ONE OF SECTION ONE HUNDRED TWO  OF  THE  STATE
ADMINISTRATIVE PROCEDURE ACT, OR ANY LAWS THE COMMISSION DEEMS A REGULA-
TORY  BURDEN  ON  LOCAL  GOVERNMENTS, SCHOOL DISTRICTS OR BUSINESSES AND
MAKE RECOMMENDATIONS TO THE MEMBERS OF THE LEGISLATURE. SUCH RECOMMENDA-
TIONS SHOULD INCLUDE THE COMMISSION'S REQUEST FOR THE REPEAL OF LAWS  IT
DEEMS  INCREASE  COSTS  FOR LOCAL GOVERNMENTS, SCHOOL DISTRICTS OR BUSI-
NESSES OR ARE DETRIMENTAL TO ECONOMIC GROWTH IN NEW YORK STATE,  OR  ARE
NOT VITAL TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC.
  4.  The  commission  may employ such staff and retain such consultants
and expert services as may be necessary and fix their  compensation  and
expenses  within  the  amounts  appropriated therefor. Employment by the
commission shall be deemed to be employment by the legislature  for  all
purposes.
  [3] 5.  The commission shall have the power, subject to the provisions
of  section  seventy-three  of  the  civil rights law, to hold hearings,
subpoena witnesses, administer oaths,  take  testimony  and  compel  the
production of books, papers, documents and other evidence in furtherance
of  its  duties;  provided, however, that no subpoena shall issue except
upon the affirmative vote of a majority of the whole membership  of  the
commission.  The commission may request and shall receive from all agen-

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cies such assistance and data as will enable it properly  to  consummate
any such examination, and review.
  S  5.  Section 88 of the legislative law, as amended by chapter 850 of
the laws of 1990, is amended to read as follows:
  S 88. Reports. The commission shall, [from  time  to  time]  ANNUALLY,
report  its  findings and recommendations to the governor, the temporary
president of the senate and the speaker of the  assembly,  THE  MINORITY
LEADER  OF  THE  SENATE, THE MINORITY LEADER OF THE ASSEMBLY, and to the
members of the legislature, and may at any time make recommendations  to
THE  DIVISION  OF  REGULATORY  REVIEW  AND ECONOMIC GROWTH AND an agency
based upon its review of that agency's rule making process,  or  any  of
the agency's proposed, revised or adopted rules.
  S  6.  The  legislative law is amended by adding a new section 88-a to
read as follows:
  S 88-A. REGULATORY WEDNESDAYS. 1. EVERY WEDNESDAY, WHICH IS  A  SCHED-
ULED  SESSION  DAY  FOR  THE  LEGISLATURE IN EVERY WEEK BEGINNING WITH A
SCHEDULED SESSION DAY ON MONDAY, SHALL BE DEEMED  REGULATORY  WEDNESDAY.
THE  COMMISSION  SHALL BE REQUIRED TO MEET ON EVERY REGULATORY WEDNESDAY
TO PERFORM ITS POWERS AND DUTIES PURSUANT  TO  SECTION  EIGHTY-SEVEN  OF
THIS ARTICLE.
  2.  ON  EVERY REGULATORY WEDNESDAY, THE SENATE AND ASSEMBLY SHALL TAKE
UP ANY BILLS ON ANY ORDER OF THIRD READING THAT ARE BEFORE EACH  RESPEC-
TIVE  HOUSE  FOR FINAL DISPOSITION, THAT HAVE GAINED THE APPROVAL OF THE
COMMISSION PRIOR TO TAKING UP ANY OTHER BILL ON ANY ORDER OF THIRD READ-
ING, UNLESS SUCH ACTION IS WAIVED, WITHOUT DEBATE, UPON A MAJORITY  VOTE
OF THE MEMBERS PRESENT.
  S 7. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 8. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to rules and revised rules to
be submitted for publication in the state register  on  and  after  such
date.