Bill Text: NY A05933 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the state administrative procedure act, in relation to regulatory relief for health care providers, small businesses and other regulated parties and to repeal paragraph (c) of subdivision 3 of section 202-a of such act relating thereto
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A05933 Detail]
Download: New_York-2009-A05933-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5933
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
___________
Introduced by M. of A. TOWNS, KOLB -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to
regulatory relief for health care providers, small businesses and
other regulated parties and to repeal paragraph (c) of subdivision 3
of section 202-a of such act relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 9 of section 102 of the state administrative
2 procedure act, as amended by chapter 850 of the laws of 1990, is amended
3 to read as follows:
4 9. "Substantial revision" means any addition, deletion or other change
5 in the text of a rule proposed for adoption, which THE OFFICE OR THE
6 AGENCY DETERMINES materially alters its purpose, meaning or effect, [but
7 shall not include any change which merely defines or clarifies such text
8 and does not materially alter its purpose, meaning or effect. To deter-
9 mine] OR WHICH WOULD CAUSE A REGULATED PERSON TO INCUR COSTS, INCLUDING
10 BUT NOT LIMITED TO FINANCIAL, PERSONNEL, CAPITAL, OPERATIONAL, AND MAIN-
11 TENANCE COSTS, OR OTHERWISE ACT IN A MANNER MATERIALLY DIFFERENT THAN
12 REQUIRED BY THE MOST RECENT PUBLISHED VERSION OF THE PROPOSED RULE. IN
13 DETERMINING if the revised text of a proposed rule contains a substan-
14 tial revision, the revised text shall be compared to the text of the
15 rule for which a notice of proposed rule making was published in the
16 state register; provided, however, if a notice of revised rule making
17 was previously published in the state register, the revised text shall
18 be compared to the revised text for which the most recent notice of
19 revised rule making was published.
20 S 2. Section 102 of the state administrative procedure act is amended
21 by adding a new subdivision 12 to read as follows:
22 12. "OFFICE" MEANS THE OFFICE FOR REGULATORY REFORM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08623-01-9
A. 5933 2
1 S 3. Paragraph (a) of subdivision 5 of section 202 of the state admin-
2 istrative procedure act, as amended by chapter 850 of the laws of 1990,
3 is amended to read as follows:
4 (a) When an agency files a rule with the secretary of state, such
5 agency shall also submit a notice of adoption to the secretary of state
6 for publication in the state register. Except as provided in subdivision
7 six of this section, an agency may not file a rule with, or submit a
8 notice of adoption to, the secretary of state unless:
9 (I) the agency has previously submitted a notice of proposed rule
10 making and complied with the provisions of this section, AND
11 (II) THE AGENCY SUBMITS A REGULATORY IMPACT STATEMENT OR A REVISED
12 REGULATORY IMPACT STATEMENT PREPARED PURSUANT TO SECTION TWO HUNDRED
13 TWO-A OF THIS ARTICLE THAT CONTAINS A COMPLETE COST ESTIMATE FOR SUCH
14 RULE AS REQUIRED BY PARAGRAPH (C) OF SUBDIVISION THREE OF SUCH SECTION;
15 PROVIDED, HOWEVER, THAT A BEST ESTIMATE OF COSTS PREPARED PURSUANT TO
16 SUCH PARAGRAPH (C) SHALL NOT BE DEEMED COMPLETE COST FOR THE PURPOSES OF
17 THIS PARAGRAPH.
18 S 4. Paragraph (c) of subdivision 3 of section 202-a of the state
19 administrative procedure act is REPEALED and a new paragraph (c) is
20 added to read as follows:
21 (C) COSTS. A STATEMENT DETAILING THE ESTIMATED COSTS OF THE RULE,
22 INCLUDING BUT NOT LIMITED TO ITS FINANCIAL, PERSONNEL, CAPITAL, OPERA-
23 TIONAL AND MAINTENANCE COSTS, AND PURSUANT TO SUBPARAGRAPH (VI) OF THIS
24 PARAGRAPH ANY CHANGE IN REVENUE CAUSED BY THE RULE. SUCH STATEMENT SHALL
25 CONTAIN:
26 (I) THE ESTIMATED COSTS FOR THE IMPLEMENTATION OF, AND CONTINUING
27 COMPLIANCE WITH, THE RULE TO REGULATED PERSONS;
28 (II) THE ESTIMATED COSTS FOR THE IMPLEMENTATION OF, AND CONTINUED
29 ADMINISTRATION OF, THE RULE TO THE AGENCY AND TO THE STATE AND ITS LOCAL
30 GOVERNMENTS;
31 (III) THE SOURCE OF SUCH COST ESTIMATES, PROVIDED, HOWEVER, WHERE COST
32 ESTIMATES FOR THE RULE HAVE BEEN SUBMITTED TO THE AGENCY BY REGULATED
33 PERSONS, SUCH STATEMENT SHALL IDENTIFY THE MANNER AND EXTENT TO WHICH
34 EACH SUCH SUBMITTED ESTIMATE WAS INCORPORATED INTO OR EXCLUDED FROM THE
35 COST ESTIMATE PREPARED BY THE AGENCY;
36 (IV) AN IDENTIFICATION, AS SPECIFICALLY AS POSSIBLE, OF THE PORTION OF
37 THE ESTIMATED COSTS THAT WOULD BE PAID FOR BY THE STATE AND BY A REGU-
38 LATED PERSON OR PERSONS;
39 (V) FOR RULES AFFECTING HEALTH CARE PROVIDERS REGULATED BY THE DEPART-
40 MENT OF HEALTH, INFORMATION ON WHETHER SUFFICIENT STATE FUNDS HAVE BEEN
41 APPROPRIATED AND ARE AVAILABLE TO IMPLEMENT THE RULE OR TO REIMBURSE
42 REGULATED PERSONS FOR THE COSTS INCURRED IN COMPLYING WITH THE RULE,
43 PROVIDED, HOWEVER, THAT A DECLARATION TO THIS EFFECT BY THE AGENCY,
44 WHICH IS APPROVED BY THE DIVISION OF THE BUDGET, SHALL BE SUFFICIENT TO
45 MEET THIS REQUIREMENT;
46 (VI) AN EVALUATION OF ANY REVENUE CHANGE THAT WILL BE INCURRED BY
47 REGULATED PERSONS AS A RESULT OF THE IMPLEMENTATION OF ANY RULE AFFECT-
48 ING HEALTH CARE PROVIDERS REGULATED BY THE DEPARTMENT OF HEALTH;
49 (VII) THE INFORMATION AND METHODOLOGY UPON WHICH THE COST ESTIMATE IS
50 BASED; AND
51 (VIII) A STATEMENT SETTING FORTH ITS BEST ESTIMATE OF SUCH COSTS WHEN
52 THE AGENCY FINDS THAT THE COST INFORMATION REQUIRED BY THIS PARAGRAPH
53 CANNOT BE FULLY PROVIDED. SUCH BEST ESTIMATE SHALL INDICATE THE INFORMA-
54 TION AND METHODOLOGY UPON WHICH SUCH BEST ESTIMATE IS BASED AND THE
55 REASON OR REASONS WHY A COMPLETE ESTIMATE CANNOT BE PROVIDED;
A. 5933 3
1 S 5. Paragraph (h) of subdivision 3 of section 202-a of the state
2 administrative procedure act, as amended by chapter 520 of the laws of
3 1992, is amended to read as follows:
4 (h) Federal standards. A statement [identifying whether the rule
5 exceeds any minimum standards of the federal government for the same or
6 similar subject areas and, if so, an explanation of why the rule exceeds
7 such standards] COMPARING THE REQUIREMENTS OF THE RULE WITH ANY RELATED
8 FEDERAL REQUIREMENTS AND:
9 (I) IDENTIFY WHETHER SUCH RULE EXCEEDS ANY MINIMUM STANDARDS OF THE
10 FEDERAL GOVERNMENT, AND, IF SO, EXPLAIN THE MANNER IN WHICH SUCH RULE
11 EXCEEDS THOSE STANDARDS, AND
12 (II) COMPARE THE REQUIREMENTS OF SUCH RULE WITH ANY RELATED FEDERAL
13 REQUIREMENTS AND ASCERTAIN THE COMPATIBILITY OF SUCH RULE WITH THOSE
14 REQUIREMENTS. SUCH STATEMENT SHALL ALSO DESCRIBE THE MANNER IN WHICH
15 REGULATED PERSONS MAY ACHIEVE COMPLIANCE DURING THE PENDENCY OF ANY
16 CONFLICT BETWEEN SUCH RULE AND ANY OTHER RELATED FEDERAL REQUIREMENT;
17 and
18 S 6. Section 202-a of the state administrative procedure act is
19 amended by adding a new subdivision 7 to read as follows:
20 7. THE OFFICE SHALL PROMULGATE RULES THAT ESTABLISH GUIDELINES FOR THE
21 PREPARATION OF ANY STATEMENT REQUIRED PURSUANT TO THIS SECTION. SUCH
22 GUIDELINES SHALL SPECIFY MINIMUM STANDARDS FOR COMPLYING WITH THIS
23 SECTION WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FORM, CONTENT,
24 AND MANNER OF SUBMISSION OF ANY COST ESTIMATES SUBMITTED TO AN AGENCY BY
25 A REGULATED PERSON, AND THE MINIMUM CONTENT OF ANY BEST ESTIMATE AND OF
26 THE COMPLETE COST ESTIMATE.
27 S 7. Section 202-b of the state administrative procedure act is
28 amended by adding a new subdivision 9 to read as follows:
29 9. THE OFFICE SHALL PROMULGATE RULES THAT ESTABLISH GUIDELINES FOR
30 PREPARING AN ANALYSIS AS REQUIRED PURSUANT TO THIS SECTION. SUCH GUIDE-
31 LINES SHALL SPECIFY MINIMUM STANDARDS FOR COMPLYING WITH THIS SECTION.
32 S 8. This act shall take effect on the first of October next succeed-
33 ing the date on which it shall have become a law and shall apply to rule
34 making notices submitted to the secretary of state pursuant to section
35 202 of the state administrative procedure act on and after such effec-
36 tive date; provided, however, that any rule or regulation necessary for
37 the timely implementation of this act on its effective date shall be
38 promulgated on or before such effective date.
