Bill Text: NY A01783 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides for the detailing of the benefits and costs of proposed rules in the regulatory impact statements to ensure proper disclosure to the public of such information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A01783 Detail]

Download: New_York-2019-A01783-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1783
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
                                       ___________
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Governmental Operations
        AN ACT to amend the state administrative procedure act, in  relation  to
          detailing  the  benefits  and  costs  of  proposed rules in regulatory
          impact statements
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  legislature  finds that many rules of state agencies
     2  have a substantial impact on the lives  of  the  public,  and  therefore
     3  should be adopted through a process which provides for open and reasoned
     4  consideration  of the potential costs and benefits of regulatory action.
     5  To this end, the statutes governing the  rulemaking  process  should  be
     6  improved to ensure that agency assessments of the costs and the benefits
     7  of proposed rules are reasonably accurate and comprehensive.
     8    §  2.  Paragraph  (b)  of  subdivision 4-a of section 202 of the state
     9  administrative procedure act, as added by chapter 335  of  the  laws  of
    10  1992, is amended to read as follows:
    11    (b)  Each  agency  shall  publish  and make available to the public an
    12  assessment of public comment for a rule revised pursuant to this  subdi-
    13  vision. Such assessment shall be based upon any written comments submit-
    14  ted  to the agency and any comments presented at any public hearing held
    15  on the proposed rule by the agency. The assessment shall contain: (i)  a
    16  summary  and  an  analysis of the issues raised and significant alterna-
    17  tives suggested by any such comments; (ii) a statement  of  the  reasons
    18  why  any  significant  alternatives were not incorporated into the rule;
    19  and (iii) a description of any changes made in the rule as a  result  of
    20  such  comments. If any comments included estimates of projected costs or
    21  benefits of the proposed rule to the state, local governments  or  regu-
    22  lated  or otherwise affected persons or entities, which differed signif-
    23  icantly from those presented by the  agency  in  its  regulatory  impact
    24  statement,  regulatory  flexibility  analysis, or rural area flexibility
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00653-01-9
        A. 1783                             2
     1  analysis, the assessment shall also summarize the agency's assessment of
     2  such estimates. Copies of comments which include estimates of  projected
     3  costs or benefits which differ significantly from the agency's estimates
     4  shall  accompany  the  assessment of public comment distributed with the
     5  rule making notice pursuant to paragraph (a)  of  subdivision  six-a  of
     6  this  section.  If no comments have been received, the notice of revised
     7  rule making shall state that no comments were received  by  the  agency.
     8  Any  subsequent assessment published pursuant to this paragraph or para-
     9  graph (b) of subdivision five of this section need only include comments
    10  not addressed in any previously published assessment of  public  comment
    11  for  the rule; provided, however, that the notice of revised rule making
    12  or adoption shall contain the date any previous notice of  revised  rule
    13  making  containing  an assessment of public comment was published in the
    14  state register.
    15    § 3. Paragraph (b) of subdivision 5 of section 202 of the state admin-
    16  istrative procedure act, as amended by chapter 171 of the laws of  1994,
    17  is amended to read as follows:
    18    (b)  Except  with  respect to any rule defined in subparagraph (ii) of
    19  paragraph (a) of subdivision two of section  one  hundred  two  of  this
    20  chapter,  each  agency shall publish and make available to the public an
    21  assessment of public comment for a rule adopted pursuant to this  subdi-
    22  vision or paragraph (e) of subdivision six of this section. Such assess-
    23  ment  shall  be  based upon any written comments submitted to the agency
    24  and any comments presented at any public hearing held  on  the  proposed
    25  rule  by  the agency. The assessment shall contain: (i) a summary and an
    26  analysis of the issues raised and significant alternatives suggested  by
    27  any  such  comments, (ii) a statement of the reasons why any significant
    28  alternatives were not incorporated into the rule and (iii) a description
    29  of any changes made in the rule as a result of  such  comments.  If  any
    30  comments  included  estimates  of  projected  costs  or  benefits of the
    31  proposed rule to the state, local governments or regulated or  otherwise
    32  affected  persons  or  entities, which differed significantly from those
    33  presented by the agency in its regulatory impact  statement,  regulatory
    34  flexibility analysis, or rural area flexibility analysis, the assessment
    35  shall  also summarize the agency's assessment of such estimates.  Copies
    36  of comments which include estimates of projected costs or benefits which
    37  differ significantly from the agency's  estimates  shall  accompany  the
    38  assessment  of  public  comment  distributed with the rule making notice
    39  pursuant to paragraph (a) of subdivision six-a of this  section.  If  no
    40  comments  have been received, the notice of adoption shall state that no
    41  comments were received by the agency. Comments submitted or presented to
    42  the agency by a legislative committee or commission or by  a  member  or
    43  members of the senate or assembly shall be considered public comment and
    44  shall be summarized and analyzed in the assessment.
    45    §  4. Paragraphs (b), (c) and (d) of subdivision 3 of section 202-a of
    46  the state administrative procedure act,  paragraph  (b)  as  amended  by
    47  chapter 229 of the laws of 2000 and paragraphs (c) and (d) as amended by
    48  chapter 520 of the laws of 1992, are amended to read as follows:
    49    (b)  Needs  and  benefits.  A  statement setting forth the purpose of,
    50  necessity for, and benefits derived from the rule[, a citation  for  and
    51  summary, not to exceed five hundred words, of each scientific or statis-
    52  tical  study,  report or analysis that served as the basis for the rule,
    53  an explanation of how it was used to determine  the  necessity  for  and
    54  benefits derived from the rule, and the name of the person that produced
    55  each study, report or analysis] which shall include:
        A. 1783                             3
     1    (i)  information  identifying the classes of persons or entities which
     2  would benefit from the rule;
     3    (ii)  an  assessment,  including  the underlying analysis, of benefits
     4  anticipated from the rule; including, but not limited to, any direct  or
     5  indirect  benefits for the economy and private markets, health and safe-
     6  ty, the  natural  environment,  and  the  elimination  or  reduction  of
     7  discrimination  or  bias,  and  any  other  significant benefits. To the
     8  extent feasible, the assessment shall include a quantification of  those
     9  benefits  and describe the sources of information and methodology under-
    10  lying such quantification. Where it is difficult or impossible to  quan-
    11  tify  benefits,  the  assessment shall include a qualitative analysis of
    12  such benefits; and
    13    (iii) a citation for and summary, not to exceed five hundred words, of
    14  each scientific or statistical study, report or analysis that served  as
    15  the  basis  for the rule, an explanation of how it was used to determine
    16  the necessity for and benefits derived from the rule, and  the  name  of
    17  the person that produced each study, report or analysis;
    18    (c) Costs. A statement detailing the projected [costs] cost impacts of
    19  the rule[, which shall indicate:
    20    (i)  the  costs  for  the implementation of, and continuing compliance
    21  with, the rule to regulated persons;
    22    (ii) the costs for the implementation of, and continued administration
    23  of, the rule to the agency and to the state and its  local  governments;
    24  and
    25    (iii)  the information, including the source or sources of such infor-
    26  mation, and methodology upon which the cost analysis is based; or
    27    (iv) where an agency finds that it cannot fully provide a statement of
    28  such costs, a statement setting forth its  best  estimate,  which  shall
    29  indicate  the  information and methodology upon which such best estimate
    30  is based and the reason or reasons why a complete cost statement  cannot
    31  be  provided;]  on  persons  or entities who would be directly regulated
    32  under the rule, persons or entities who would not be regulated but would
    33  otherwise be significantly affected by  the  rule,  and  on  the  agency
    34  proposing  the  rule,  other  state entities and local governments. Such
    35  statement shall include an assessment, including the  underlying  analy-
    36  sis,  of  initial  and  continuing  costs anticipated to result from the
    37  rule, including, but not limited to, the direct costs to  government  in
    38  administering  the  rule  and to businesses and others in complying with
    39  the rule, and any adverse effects on the efficient  functioning  of  the
    40  economy,   private  markets  (including  productivity,  employment,  and
    41  competitiveness), health, safety, and the natural environment, and other
    42  significant costs. To the extent feasible, the assessment shall  include
    43  a  quantification of those costs and describe the sources of information
    44  and methodology underlying such quantification. Where it is difficult or
    45  impossible to quantify costs, the assessment shall include a qualitative
    46  analysis of such costs;
    47    (d) Paperwork. A statement  describing  the  need  for  any  reporting
    48  requirements,  including  forms and other paperwork and any reporting by
    49  electronic media, which would be required as a result of the rule;
    50    § 5. This act shall  take  effect  on  the  first  of  September  next
    51  succeeding the date on which it shall have become a law, and shall apply
    52  to  any  rule  for which a notice of proposed rule making or a notice of
    53  emergency adoption is first prepared on or after such effective date.