2006 New York Code - 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.