This legislation adds an extra, unnecessary layer of government between the well-established separation of powers of the legislative and executive branches by requiring agencies to go back to a small subsection of the Legislature to seek approval to propose new regulations to implement statutes passed by a majority of legislators in both houses.
The State Administrative Procedures Act requires agencies to conduct a comprehensive regulatory impact analysis, a process that includes assessments of statutory authority, legislative objectives, needs and benefits, and costs of any new proposed regulations. This legislation grants a handful of legislators with the power to veto proposed rules absent any public input or consideration of the environmental, and public health benefits regulations often provide.
The procedure established in this bill is pointlessly redundant – the Legislature is free to amend or repeal statutes that direct agencies to promulgate regulations at any time. In fact, it would be a waste of taxpayer resources if agencies have to get approval twice to fulfill their duties. Agencies are already struggling to meet the political ideology of “doing more with less.” Adding another layer of government to the rulemaking process will delay public health and environmental protections for New Yorkers.
This bill adds a new section to the state administrative procedure act that requires agencies to submit proposed rules and regulations to legislative committees for approval prior to conducting a public review.