2023 New York Laws › SAP - State Administrative Procedure Act › Article 2 - Rule Making › 204-A - Alternate Methods for Implementing Regulatory Mandates.

§ 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.