New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.100 - Executive order no. 100: regulatory procedures; plain language

Current through Register Vol. 46, No. 28, July 10, 2024
In carrying out its mandate to protect the health, safety
					 and welfare of the People, it is the duty of the State government to act
					 effectively and efficiently, but without imposing unnecessary burdens upon the
					 citizens of the State, employers, or upon State or local government. It is a
					 duty which has particular significance for State agencies charged with
					 regulatory responsibilities. These agencies must cultivate and maintain a
					 sensitivity to the impact of their regulatory activity and be constant in their
					 efforts to reduce or to eliminate conflicting, duplicative or unneeded
					 regulations. No new regulation should be adopted unless there is reasonable
					 assurance that the regulation is no more demanding than is required to meet
					 legislative goals, and unless it is designed so that compliance may be achieved
					 as simply and economically as possible.
To achieve the goal of simplifying rules and regulations,
					 and to encourage confidence in the regulatory process, I, Hugh L. Carey,
					 Governor of the State of New York, by virtue of the powers vested in me by the
					 Constitution and Laws of the State of New York, do hereby promulgate this
					 Executive Order.
I. Analysis of
				  Proposed Regulations; Regulatory Impact Statements.
Before an agency proposes a rule or regulation, it shall
					 evaluate the potential impact of such a rule or regulation upon those to be
					 regulated, upon State and local government and upon the public. In order to
					 ensure that legislative purposes are met in as efficient a manner as possible,
					 all State agencies shall carry out the following procedures:
a. Except as provided in subdivision (e) of
				  this subsection, agencies shall publish a regulatory impact statement upon the
				  issuance of any proposed rule or regulation. Such a statement or, in the event
				  it exceeds 2,000 words, a summary, shall be submitted along with the proposed
				  rule or regulation to the Secretary of State for publication in the State
				  Register. A copy of the statement in its entirety shall be provided to the
				  Governor, the Temporary President of the Senate, the Speaker of the Assembly,
				  the Administrative Regulations Review Commission, the Office of Business
				  Permits and, upon request, to interested parties.
b. The regulatory impact statement shall
				  include at least the following items:
i. a
				  concise statement of the legislative objectives served by, the need for, and
				  the benefits to be derived from, the proposed rule or regulation;
ii. the precise statutory authority for the
				  proposed rule or regulation;
iii. a
				  description of the relationship between the proposed rule or regulation and any
				  related State or Federal requirements or programs;
iv. a description of, and a statement of the
				  need for, any new reporting requirements or forms that will be required for the
				  implementation of the proposed rule or regulation;
v. an analysis of the costs involved to State
				  and local government, to regulated parties and to the general public in
				  complying with the rule or regulation, and of any other foreseeable economic
				  consequences; where an agency finds that it cannot provide a particular element
				  of such an analysis, it shall state the reasons;
vi. a discussion of viable alternative
				  approaches to the proposed rule or regulation, and the reasons why those
				  alternatives were not selected; and
vii. the name, title, business address and
				  phone number of a contact person within the agency.
c. To avoid waste of agency resources, an
				  agency may:
i. consider a series of closely
				  related and simultaneously proposed rules or regulations as one rule or
				  regulation for purposes of filing a single regulatory impact statement;
				  or
ii. file a single regulatory
				  impact statement for any series of virtually identical proposed rules or
				  regulations which are proposed in the same year.
d. When, pursuant to subdivision 3 of section
				  202 of the State Administrative Procedure Act, an agency submits to the
				  Secretary of State a notice of agency action in which it is stated that there
				  are substantive changes in the final action in comparison with the proposed
				  rule or regulation, the agency shall also summarize the changes, if any, which
				  must be made in the regulatory impact statement in order to reflect accurately
				  the impact of the final action taken.
e. An agency may claim an exemption from the
				  requirements set forth above under any of the following conditions, provided
				  that it shall state the reason or reasons for claiming the exemption in the
				  State Register at the time the agency publishes the proposed rule or
				  regulation:
i. where a rule or regulation must
				  be issued on an emergency basis, pursuant to paragraph (d) of subdivision 1 and
				  paragraph (c) of subdivision 2 of section 202 of the State Administrative
				  Procedure Act, in which event the agency shall publish, pursuant to the
				  procedures set forth in subdivision (a) of this subsection, a regulatory impact
				  statement within 30 days after the rule or regulation is effective;
				  or
ii. where a rule or regulation
				  involves only a technical amendment or an amendment to an existing rule or
				  regulation solely to conform to the plain language requirement of subsection II
				  of this Executive Order.
f. The head of each State agency shall be
				  responsible for the agency's adherence to the requirements of this
				  subsection.