§ 204-a. Alternate methods for implementing regulatory mandates. 1. As
used in this section:

(a) "local government" means any county, city, town, village, school
district, fire district or other special district;

(b) "regulatory mandate" means any rule which requires one or more
local governments to create a new program, increase the level of service
for an existing program or otherwise comply with mandatory requirements;
and

(c) "petition" means a document submitted by a local government
seeking approval of an alternate method for implementing a regulatory
mandate.

2. A petition shall include:

(a) an indication that submission has been approved by the governing
body of the local government or by an officer duly authorized by the
governing body to do so;

(b) an identification of the regulatory mandate which is the subject
of the petition and information sufficient to establish that the
proposed alternate method of implementation is consistent with and will
effectively carry out the objectives of the regulatory mandate;

(c) information on the process used by the local government to ensure
that all stakeholders have been appropriately involved in the process of
developing the alternate method, including where relevant the date of
any hearing, forum or other meeting to seek input on the alternate
method;

(d) documentation that the petition has been submitted to the
authorized agents of any certified or recognized employee organizations
representing employees who would be effected by implementation of the
alternate method;

(e) a proposed plan and timetable for compiling and reporting
information to facilitate evaluation of the effectiveness of the
alternate method;

(f) if the state provides financial assistance for complying with the
regulatory mandate, any proposed amount or percentage of such assistance
which would be returned to the state due to savings from implementing
the alternate method; and

(g) the name, public office address and telephone number of the
representative of the local government who will coordinate requests for
additional information on the petition.

3. Two or more local governments may submit a petition jointly,
provided that each local government meets the requirements of paragraphs
(a), (c), (d) and (g) of subdivision two of this section, and provided
that the petition addresses the manner in which responsibility for
implementation will be allocated between or among the participating
local governments.

4. The agency shall cause a notice of the petition to be published in
the state register and shall receive comments on the petition for a
period of thirty days. Such notice shall either include the full text of
the information set forth in the petition or shall set forth the address
of a website on which the full text has been posted. The notice shall
include the name, public office address and telephone number, and may
include a fax number and electronic mail address, of an agency
representative from whom additional information on the petition can be
obtained and to whom comments on the petition may be submitted.

5. (a) Not later than thirty days after the last day of the comment
period, the agency shall approve or disapprove the petition. The agency
may approve the petition without change or with such conditions or
modifications as the agency deems appropriate. Notice of the agency
determination shall be provided in writing to the local government and
shall be published in the state register. The agency shall not grant a
petition unless it determines that the petition has met the requirements
of subdivision two of this section and that the local government has
established that the alternate method is consistent with and will
effectively carry out the objectives of the regulatory mandate;
provided, however, that no petition shall be approved which would result
in the contravention of any environmental, health or safety standard or
would reduce any benefits or rights accorded by law or rule to third
parties. In approving a petition, an agency may waive a statutory
provision only if it is specifically authorized by law to waive such
provision. An approval shall include a timetable for agency evaluation
of the effectiveness of the alternate method.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, upon receipt of an objection to a petition from the
authorized agent of any certified or recognized employee organization
representing employees who would be affected by implementation of the
alternate method, the agency shall provide any such organizations with
an opportunity for a hearing. If an adjudicatory proceeding is
requested, the petition shall not be approved unless the agency
determines by a preponderance of the evidence that implementing the
alternate method would not affect such employees by contravening any
environmental, health or safety standard, reducing any rights or
benefits or violating the terms of any negotiated agreement, and that
all other requirements of this section have been met. The provisions of
this subdivision are in addition to and shall not be construed to impair
or modify any rights of such employees under any other law, regulation
or contract.

6. Nothing in this section shall require a local government to
commence or continue an alternate method of implementation if it
determines in its sole discretion not to do so, except to the extent
that a local government has committed to commencing or continuing an
alternate method in a joint petition submitted pursuant to subdivision
three of this section. A state agency may rescind its approval of a
petition at any time if it determines, based on the information reported
pursuant to paragraph (e) of subdivision two of this section or other
information available to it, that the alternate method is not
effectively carrying out the objectives of the regulatory mandate or is
being implemented in a manner detrimental to the public interest.

7. Notwithstanding any other provision of law, implementation of an
alternate method approved by an agency pursuant to this section shall be
deemed to lawfully meet all requirements of the regulatory mandate. An
agency shall retain the authority to enforce compliance with the
alternate method in the same manner as it may enforce compliance with
the underlying rule. Any action on a petition by a state agency shall be
subject to review pursuant to article seventy-eight of the civil
practice law and rules.

8. In accordance with the timetable established pursuant to
subdivision four of this section, the agency shall evaluate the
effectiveness of the alternate method in carrying out the objectives of
the regulatory mandate. The evaluation shall identify any savings or
other benefits, and any costs or other disadvantages, of implementing
the alternate method, and shall address the desirability of
incorporating the alternate method into the rules of the agency. Notice
of availability of the evaluation shall be published in the state
register.