S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4717
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2021
                                ___________
 
 Introduced  by  M.  of A. BARCLAY, MONTESANO, NORRIS, PALMESANO, HAWLEY,
   BRABENEC, J. M. GIGLIO, WALSH, B. MILLER, LAWLER,  MANKTELOW,  JENSEN,
   GALLAHAN,  ASHBY, DeSTEFANO, GOODELL -- Multi-Sponsored by -- M. of A.
   BROWN, DiPIETRO, FRIEND -- 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 43 to
 read as follows:
                                ARTICLE 43
             DIVISION OF REGULATORY REVIEW AND ECONOMIC GROWTH
 SECTION 930. DEFINITIONS.
         931. DIVISION OF REGULATORY REVIEW AND ECONOMIC GROWTH.
         932. GENERAL FUNCTIONS, POWERS AND DUTIES.
         933. ASSISTANCE OF OTHER STATE AGENCIES.
         934. REGULATION REVIEW.
         935. DIVISION ANNUAL RECOMMENDATIONS.
         936. IMPLEMENTATION OF RECOMMENDATIONS.
         937. COST OF REGULATION STUDY.
   § 930. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02541-01-1

 A. 4717                             2
 
 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
 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.
   §  931. 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

 A. 4717                             3
 
 WITHIN AMOUNTS MADE AVAILABLE  THEREFOR  BY  APPROPRIATION.  SUCH  STAFF
 SHALL  BE  MANAGEMENT  CONFIDENTIAL  EMPLOYEES  WITH AN UNDERSTANDING OF
 PRIVATE SECTOR BUSINESS.
   § 932. GENERAL FUNCTIONS, POWERS AND DUTIES. THE DIVISION OF REGULATO-
 RY REVIEW AND ECONOMIC GROWTH, BY AND THROUGH THE COMMISSIONER OR HIS 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 NINE HUNDRED THIRTY-FIVE 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 TWENTY-THREE, INCLUDING ALL RECOMMEN-
 DATIONS 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.
   §  933. 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.
   § 934. 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

 A. 4717                             4
 
 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) 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

 A. 4717                             5

 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.
   §  935.  DIVISION  ANNUAL RECOMMENDATIONS. ON OR BEFORE JANUARY FIRST,
 TWO THOUSAND TWENTY-TWO AND  ANNUALLY  THEREAFTER,  THE  DIVISION  SHALL
 TRANSMIT  TO  THE  GOVERNOR  AND 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.
   § 936.  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 NINE  HUNDRED  THIRTY-FIVE  OF  THIS
 ARTICLE, 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 NINE HUNDRED THIRTY-FIVE OF THIS ARTICLE WITH HIS OR HER WRITTEN
 APPROVAL OF THE RECOMMENDATIONS OF THE DIVISION PURSUANT TO SECTION NINE
 HUNDRED THIRTY-FIVE OF THIS ARTICLE TO THE SECRETARY OF STATE AND TRANS-
 MITTED  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 NINE HUNDRED THIRTY-FIVE 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 NINE HUNDRED THIRTY-FIVE OF THIS ARTICLE PRIOR TO THE EXPIRATION
 OF THE LEGISLATURE'S SIXTY DAY REVIEW PERIOD.
   § 937. COST OF REGULATION STUDY. 1. 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 THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWENTY-ONE  WHICH
 ADDED THIS ARTICLE.
   §  2.  Paragraph  (a)  of  subdivision 6-a of section 202 of the state
 administrative procedure act, as amended by chapter 512 of the  laws  of
 2019, 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
 FORTY-THREE  OF  THE EXECUTIVE LAW to the governor, the temporary presi-
 dent of the senate, the speaker of the assembly, THE MINORITY LEADER  OF
 THE  SENATE,  THE MINORITY LEADER IN THE ASSEMBLY and the administrative
 regulations review commission at the time such notice  is  submitted  to
 the secretary of state for publication in the state register. Such tran-
 smittal  shall  include the complete rule text, regulatory impact state-

 A. 4717                             6
 
 ment, regulatory flexibility analysis, rural area flexibility  analysis,
 or  revisions thereof, and any other information submitted to the secre-
 tary of state pursuant to this article.  Furthermore,  such  transmittal
 may be completed by electronic means in accordance with article three of
 the state technology law.
   § 3. Section 86 of the legislative law, as added by chapter 689 of the
 laws of 1978, is amended to read as follows:
   § 86. Administrative  regulations  review  commission. There is hereby
 created an administrative regulations review commission  to  consist  of
 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.
   § 4. Section 87 of the legislative law, as added by chapter 689 of the
 laws  of  1978  and subdivision 4 as added by chapter 512 of the laws of
 2019, is amended to read as follows:
   § 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

 A. 4717                             7
 
 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-
 cies such assistance and data as will enable it properly  to  consummate
 any such examination, and review.
   [4.]  6.  The  commission  shall be authorized to request and receive,
 from a state agency, all rulemaking notices, statements and analyses  as
 provided  for  pursuant to the state administrative procedure act, data,
 rules, regulations and other information by electronic means as provided
 for by article three of the state technology law.
   § 5. Section 88 of the legislative law, as amended by chapter  850  of
 the laws of 1990, is amended to read as follows:
   § 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.
   § 6. The legislative law is amended by adding a new  section  88-a  to
 read as follows:
   §  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.
   § 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.
   § 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.