S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5749
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT to amend the state administrative procedure act, the legislative
   law and the  executive  law,  in  relation  to  requiring  legislative
   committee approval of certain proposed rules and in relation to fiscal
   notes  on  proposed  rules  and  executive  orders affecting political
   subdivisions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "regulatory fiscal accountability act of 2023".
   § 2. The state administrative procedure act is amended by  adding  two
 new sections 201-b and 202-g to read as follows:
   §  201-B. FISCAL NOTES ON PROPOSED RULES.  1. FOR THE PURPOSES OF THIS
 SECTION, THE TERM "POLITICAL SUBDIVISION" MEANS ANY COUNTY, CITY,  TOWN,
 VILLAGE, SPECIAL DISTRICT OR SCHOOL DISTRICT.
   2.  EACH  AGENCY  PROPOSING  A  RULE  SHALL  ATTACH A FISCAL NOTE TO A
 PROPOSED RULE WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR  BOTH,  OF
 ANY  POLITICAL  SUBDIVISION.  SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE
 COSTS AND SOURCE OF FUNDING OF EVERY  PROVISION  OF  THE  PROPOSED  RULE
 WHICH WOULD AFFECT THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
   3.  FISCAL  NOTES  SHALL  NOT, HOWEVER, BE REQUIRED FOR PROPOSED RULES
 WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
   § 202-G. LEGISLATIVE APPROVAL.  IN ADDITION TO THE PROCEDURE  REQUIRED
 PURSUANT  TO  SECTION  TWO  HUNDRED TWO OF THIS ARTICLE AND PRIOR TO THE
 SUBMISSION OF A NOTICE OF PROPOSED RULEMAKING TO THE SECRETARY OF  STATE
 FOR  PUBLICATION  IN  THE  STATE  REGISTER,  AN  AGENCY SHALL SUBMIT ANY
 PROPOSED RULE WITH A FISCAL IMPACT IN EXCESS  OF  TEN  MILLION  DOLLARS,
 INTENDED  TO IMPLEMENT LEGISLATION, TO THE APPROPRIATE COMMITTEES IN THE
 SENATE AND ASSEMBLY HAVING JURISDICTION OF THE SUBJECT MATTER FOR  THEIR
 APPROVAL.  NO SUCH RULE SHALL TAKE EFFECT UNLESS IT HAS BEEN APPROVED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09737-01-3
              

 A. 5749                             2
 
 A TWO-THIRDS MAJORITY VOTE OF EACH COMMITTEE WITH JURISDICTION TO  WHICH
 IT HAS BEEN REFERRED.
   § 3. The legislative law is amended by adding a new section 68 to read
 as follows:
   §  68. APPROVAL OF LEGISLATIVE COMMITTEES. 1. STATE AGENCIES INTENDING
 TO PROMULGATE ANY RULE WITH A FISCAL IMPACT IN  EXCESS  OF  TEN  MILLION
 DOLLARS  MUST SUBMIT SUCH A PROPOSED RULE TO THE CHAIR OF EACH APPROPRI-
 ATE COMMITTEE IN THE SENATE AND ASSEMBLY FOR CONSIDERATION AND  APPROVAL
 OF THE PROPOSED RULE.
   2.  THE  APPROPRIATE  COMMITTEES IN THE SENATE AND ASSEMBLY SHALL HAVE
 JURISDICTION TO CONSIDER AND APPROVE A PROPOSED RULE, IF THAT  COMMITTEE
 APPROVED  THE  BILL  THAT PROVIDES THE STATUTORY AUTHORITY FOR WHICH THE
 PROPOSED RULE IS INTENDED TO IMPLEMENT.
   3. THE APPROPRIATE COMMITTEES IN THE SENATE AND ASSEMBLY  WITH  JURIS-
 DICTION  TO  CONSIDER AND APPROVE A RULE MUST CONSIDER THE PROPOSED RULE
 DURING THE FIRST  SCHEDULED  COMMITTEE  MEETING,  IMMEDIATELY  FOLLOWING
 RECEIPT OF THE PROPOSED RULE BY THE COMMITTEE CHAIR.
   4.  ALL MEMBERS OF THE APPROPRIATE COMMITTEES IN THE SENATE AND ASSEM-
 BLY SHALL BE PROVIDED A COPY OF THE PROPOSED RULE AND BE ALLOWED  SUFFI-
 CIENT  TIME  TO  DEBATE  THE  MERITS OF THE PROPOSED RULE, INCLUDING THE
 FISCAL IMPACT OF THE PROPOSAL AND THE NEED TO  PROMULGATE  THE  PROPOSED
 RULE IN ORDER TO IMPLEMENT THE LAW AS INTENDED.
   5. AFTER THE PROPOSED RULE HAS BEEN DEBATED AND PRIOR TO CONCLUSION OF
 THE  COMMITTEE MEETING, ALL MEMBERS OF THE COMMITTEE MUST VOTE TO EITHER
 APPROVE OR REJECT THE PROPOSED RULE.
   6. THE CHAIR OF THE APPROPRIATE COMMITTEE SHALL PROVIDE THE RESULTS OF
 THE COMMITTEE VOTE TO THE STATE AGENCY THAT PROVIDED THE PROPOSED RULE.
   7. A VOTE TO APPROVE A PROPOSED RULE BY NO LESS THAN TWO-THIRDS OF ALL
 COMMITTEE MEMBERS, BY EVERY COMMITTEE WITH JURISDICTION TO CONSIDER  AND
 APPROVE THE PROPOSED RULE, SHALL BE REQUIRED BEFORE THE STATE AGENCY CAN
 PROCEED  TO  PROPOSE THE RULE PURSUANT TO SECTION TWO HUNDRED TWO OF THE
 STATE ADMINISTRATIVE PROCEDURE ACT.
   § 4. The executive law is amended by adding a new section 13  to  read
 as follows:
   §  13.  FISCAL  NOTES ON EXECUTIVE ORDERS AFFECTING POLITICAL SUBDIVI-
 SIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "POLITICAL SUBDIVI-
 SION" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SPECIAL DISTRICT OR  SCHOOL
 DISTRICT.
   2.  THE  GOVERNOR  SHALL ATTACH A FISCAL NOTE TO EVERY EXECUTIVE ORDER
 WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR BOTH, OF  ANY  POLITICAL
 SUBDIVISION. SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE COSTS AND SOURCE
 OF  FUNDING OF EVERY PROVISION OF THE EXECUTIVE ORDER WHICH WOULD AFFECT
 THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
   3. FISCAL NOTES SHALL NOT, HOWEVER, BE REQUIRED FOR  EXECUTIVE  ORDERS
 WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
   § 5. This act shall take effect on January 1, 2024.