S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4722
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2021
                                ___________
 
 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:

   Section 1. Paragraph (c) of subdivision 3  of  section  202-a  of  the
 state  administrative  procedure  act,  as amended by chapter 520 of the
 laws of 1992, is amended to read as follows:
   (c) Costs. A statement detailing the  projected  costs  of  the  rule,
 which shall indicate:
   (i)  the  costs  for  the implementation of, and continuing compliance
 with, the rule to regulated persons;
   (ii) the costs for the implementation of, and continued administration
 of, the rule to the agency and to the state and its  local  governments;
 [and]
   (iii)  the information, including the source or sources of such infor-
 mation, and methodology upon which the cost analysis is based; [or] AND
   (iv) A STATEMENT  DETAILING  AN  AGGREGATE  ESTIMATE  OF  TOTAL  COSTS
 INCURRED  BY  RESIDENTS, BUSINESSES, LOCAL MUNICIPALITIES, AND ANY OTHER
 PARTIES POTENTIALLY IMPACTED BY THE PROPOSED REGULATIONS; OR
   (V) where an agency finds that it cannot fully provide a statement  of
 such  costs,  a  statement  setting forth its best estimate, which shall
 indicate the information and methodology upon which such  best  estimate
 is  based and the reason or reasons why a complete cost statement cannot
 be provided;
   § 2. Section 203 of the state administrative procedure act is  amended
 by adding two new subdivisions 5 and 6 to read as follows:
   5.  VILLAGE  MAYORS,  TOWN  SUPERVISORS,  COUNTY  EXECUTIVES,  AND ANY
 ELECTED STATE OFFICIAL MAY CHALLENGE THE ACCURACY OF A REGULATORY IMPACT
 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.
              

                                                            LBD08475-01-1

 A. 4722                             2
 
 PARAGRAPH  (C) OF SUBDIVISION THREE OF SECTION TWO HUNDRED TWO-A OF THIS
 ARTICLE. SUCH CHALLENGE SHALL BE  FILED  WITH  THE  STATE  COMPTROLLER'S
 OFFICE  AND SHALL CONTAIN SPECIFIC INFORMATION CONCERNING THE PURPOSE OF
 SUCH  CHALLENGE  AND  ANY  EVIDENCE TO SUPPORT SUCH CHALLENGE. THE STATE
 COMPTROLLER'S OFFICE SHALL HAVE NINETY DAYS UPON RECEIPT OF  SUCH  CHAL-
 LENGE  TO ISSUE A BINDING DETERMINATION AS TO THE ACCURACY OF SUCH REGU-
 LATORY IMPACT STATEMENT.
   6. IF A REGULATORY IMPACT STATEMENT FOR A PROPOSED REGULATION CONTAINS
 A COST, AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION  TWO
 HUNDRED  TWO-A  OF  THIS ARTICLE, IN EXCESS OF ONE MILLION DOLLARS, SUCH
 REGULATION SHALL BE ACCOMPANIED WITH PROOF OF LEGISLATIVE APPROVAL PRIOR
 TO FILING SUCH REGULATION WITH THE SECRETARY OF STATE. SUCH PROOF  SHALL
 CONSIST OF A CERTIFIED COPY OF A FLOOR VOTE SUPPLIED BY THE CLERK OF THE
 ASSEMBLY  OR  THE  SECRETARY  OF  THE SENATE FOR THEIR RESPECTIVE HOUSES
 DEMONSTRATING A MAJORITY OF THE MEMBERSHIP VOTING IN THE AFFIRMATIVE FOR
 THE ADOPTION OF THE PROPOSED REGULATION.
   § 3. This act shall take effect immediately.