§ 206. Overlapping regulations; compliance determinations.
1.It is\nthe declared policy of this state to protect and encourage jobs,\ninvestment and economic activity and to promote the public health,\nsafety and welfare by administering all regulatory requirements imposed\nby the state in a fair and reasonable manner.\n 2. Any person subject to a requirement imposed by a state statute or\nrule and to a similar requirement imposed by the federal government, may\npursuant to section two hundred four of this chapter, petition the\nagency administering the state requirement for a declaratory ruling as\nto whether compliance with the federal requirement will be accepted as\ncompliance with the state requirement. Upon receipt of such petition,\nthe agency shall submit a copy thereof to the
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§ 206. Overlapping regulations; compliance determinations. 1. It is\nthe declared policy of this state to protect and encourage jobs,\ninvestment and economic activity and to promote the public health,\nsafety and welfare by administering all regulatory requirements imposed\nby the state in a fair and reasonable manner.\n 2. Any person subject to a requirement imposed by a state statute or\nrule and to a similar requirement imposed by the federal government, may\npursuant to section two hundred four of this chapter, petition the\nagency administering the state requirement for a declaratory ruling as\nto whether compliance with the federal requirement will be accepted as\ncompliance with the state requirement. Upon receipt of such petition,\nthe agency shall submit a copy thereof to the office of business permits\nand regulatory assistance.\n 3. If the agency determines that compliance with the federal\nrequirement would not satisfy the purposes or relevant provisions of the\nstate statute involved, the agency shall so inform the petitioner in\nwriting stating the reasons therefor and may issue a declaratory ruling\nto that effect. A copy of such written statement of reasons and any such\ndeclaratory ruling shall be submitted by the agency to the office of\nbusiness permits and regulatory assistance.\n 4. If the agency determines that compliance with the federal\nrequirement would satisfy the purposes and relevant provisions of the\nstate statute involved but that it would not satisfy the relevant\nprovisions of the state rule involved, the agency shall so inform the\npetitioner and the office of business permits and regulatory assistance\nand may initiate a rulemaking proceeding in accordance with this chapter\nto consider revising such rule to accept compliance with such federal\nrequirement in a manner that is consistent with the requirements and\npurposes of the state statute.\n 5. If the agency determines that compliance with the federal\nrequirement would satisfy the purposes and relevant provisions of the\nstate statute involved, and that it would satisfy the relevant\nprovisions of the state rule involved, the agency shall issue a\ndeclaratory ruling indicating its intention to accept compliance with\nthe federal requirement as compliance with the state requirement, and\nthe terms and conditions under which it intends to do so. A copy of such\ndeclaratory ruling shall be submitted by the agency to the office of\nbusiness permits and regulatory assistance.\n 6. The office of business permits and regulatory assistance may\nconsider agency compliance with this section when performing its review\nfunction under section two hundred two-c of this chapter.\n