§ 204-A — Alternate methods for implementing regulatory mandates

New York § 204-A

• Jurisdiction: New York
• Law SAP: State Administrative Procedure Act
• Art. 2: Rule Making

Text

§ 204-a. Alternate methods for implementing regulatory mandates. 1. As\nused in this section:\n (a) "local government" means any county, city, town, village, school\ndistrict, fire district or other special district;\n (b) "regulatory mandate" means any rule which requires one or more\nlocal governments to create a new program, increase the level of service\nfor an existing program or otherwise comply with mandatory requirements;\nand\n (c) "petition" means a document submitted by a local government\nseeking approval of an alternate method for implementing a regulatory\nmandate.\n 2. A petition shall include:\n (a) an indication that submission has been approved by the governing\nbody of the local government or by an officer duly authorized by the\ngoverning body to do so;\n (b) an identification of the regulatory mandate which is the subject\nof the petition and information sufficient to establish that the\nproposed alternate method of implementation is consistent with and will\neffectively carry out the objectives of the regulatory mandate;\n (c) information on the process used by the local government to ensure\nthat all stakeholders have been appropriately involved in the process of\ndeveloping the alternate method, including where relevant the date of\nany hearing, forum or other meeting to seek input on the alternate\nmethod;\n (d) documentation that the petition has been submitted to the\nauthorized agents of any certified or recognized employee organizations\nrepresenting employees who would be effected by implementation of the\nalternate method;\n (e) a proposed plan and timetable for compiling and reporting\ninformation to facilitate evaluation of the effectiveness of the\nalternate method;\n (f) if the state provides financial assistance for complying with the\nregulatory mandate, any proposed amount or percentage of such assistance\nwhich would be returned to the state due to savings from implementing\nthe alternate method; and\n (g) the name, public office address and telephone number of the\nrepresentative of the local government who will coordinate requests for\nadditional information on the petition.\n 3. Two or more local governments may submit a petition jointly,\nprovided that each local government meets the requirements of paragraphs\n(a), (c), (d) and (g) of subdivision two of this section, and provided\nthat the petition addresses the manner in which responsibility for\nimplementation will be allocated between or among the participating\nlocal governments.\n 4. The agency shall cause a notice of the petition to be published in\nthe state register and shall receive comments on the petition for a\nperiod of thirty days. Such notice shall either include the full text of\nthe information set forth in the petition or shall set forth the address\nof a website on which the full text has been posted. The notice shall\ninclude the name, public office address and telephone number, and may\ninclude a fax number and electronic mail address, of an agency\nrepresentative from whom additional information on the petition can be\nobtained and to whom comments on the petition may be submitted.\n 5. (a) Not later than thirty days after the last day of the comment\nperiod, the agency shall approve or disapprove the petition. The agency\nmay approve the petition without change or with such conditions or\nmodifications as the agency deems appropriate. Notice of the agency\ndetermination shall be provided in writing to the local government and\nshall be published in the state register. The agency shall not grant a\npetition unless it determines that the petition has met the requirements\nof subdivision two of this section and that the local government has\nestablished that the alternate method is consistent with and will\neffectively carry out the objectives of the regulatory mandate;\nprovided, however, that no petition shall be approved which would result\nin the contravention of any environmental, health or safety standard or\nwould reduce any benefits or rights accorded by law or rule to third\nparties. In approving a petition, an agency may waive a statutory\nprovision only if it is specifically authorized by law to waive such\nprovision. An approval shall include a timetable for agency evaluation\nof the effectiveness of the alternate method.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, upon receipt of an objection to a petition from the\nauthorized agent of any certified or recognized employee organization\nrepresenting employees who would be affected by implementation of the\nalternate method, the agency shall provide any such organizations with\nan opportunity for a hearing. If an adjudicatory proceeding is\nrequested, the petition shall not be approved unless the agency\ndetermines by a preponderance of the evidence that implementing the\nalternate method would not affect such employees by contravening any\nenvironmental, health or safety standard, reducing any rights or\nbenefits or violating the terms of any negotiated agreement, and that\nall other requirements of this section have been met. The provisions of\nthis subdivision are in addition to and shall not be construed to impair\nor modify any rights of such employees under any other law, regulation\nor contract.\n 6. Nothing in this section shall require a local government to\ncommence or continue an alternate method of implementation if it\ndetermines in its sole discretion not to do so, except to the extent\nthat a local government has committed to commencing or continuing an\nalternate method in a joint petition submitted pursuant to subdivision\nthree of this section. A state agency may rescind its approval of a\npetition at any time if it determines, based on the information reported\npursuant to paragraph (e) of subdivision two of this section or other\ninformation available to it, that the alternate method is not\neffectively carrying out the objectives of the regulatory mandate or is\nbeing implemented in a manner detrimental to the public interest.\n 7. Notwithstanding any other provision of law, implementation of an\nalternate method approved by an agency pursuant to this section shall be\ndeemed to lawfully meet all requirements of the regulatory mandate. An\nagency shall retain the authority to enforce compliance with the\nalternate method in the same manner as it may enforce compliance with\nthe underlying rule. Any action on a petition by a state agency shall be\nsubject to review pursuant to article seventy-eight of the civil\npractice law and rules.\n 8. In accordance with the timetable established pursuant to\nsubdivision four of this section, the agency shall evaluate the\neffectiveness of the alternate method in carrying out the objectives of\nthe regulatory mandate. The evaluation shall identify any savings or\nother benefits, and any costs or other disadvantages, of implementing\nthe alternate method, and shall address the desirability of\nincorporating the alternate method into the rules of the agency. Notice\nof availability of the evaluation shall be published in the state\nregister.\n