2019 New York Laws
EXC - Executive
Article 39 - Office of Business Permits
889 - Program Responsibilities.

* § 889. Program responsibilities. 1. The office shall obtain and keep
on  an annual basis appropriate statistical data regarding the number of
permits issued by state agencies, the amount of time necessary  for  the
permits  to  be issued, the cost of obtaining such permits, the types of
projects  for  which  specific  permits   are   issued,   a   geographic
distribution  of  permits  issued,  and  other  pertinent data which the
director deems appropriate. The office shall analyze such data  by  type
of  permit  and by agency responsible and make its findings available to
the public.
  2. The office shall conduct or cause to be conducted a thorough review
of permit requirements and  the  need  by  the  state  to  require  such
permits.  The office shall draw on such review, on its direct experience
and its statistical analyses to prepare  recommendations  from  time  to
time  for  the  appropriate  agencies, the legislature, and the governor
regarding how to:
  (a) eliminate unnecessary or antiquated permit requirements;
  (b) consolidate duplicative or overlapping permit requirements;
  (c) simplify overly complex or lengthy application procedures;
  (d) expedite time consuming agency review and approval procedures; or,
  (e) otherwise improve the permitting processes in the state.
  3. Prior to the adoption of any new or modified permit  which  is  not
expressly  mandated by legislative direction, the office shall conduct a
review in the following manner:
  (a) A state agency proposing to adopt a new  or  modified  permit  not
expressly  legislatively  mandated,  shall,  thirty  days  prior  to its
effective date, file such proposed action with the  office.  The  office
shall conduct its review in accordance with the following standards:
  (i) necessity: whether the proposed new or modified permit is the most
effective means of carrying out the intent of the legislature;
  (ii)  duplication:  whether  the permit duplicates or overlaps another
existing permit;
  (iii) simplicity: whether the requirements of the permit impose overly
complex or lengthy application or reporting procedures and forms.
  The office shall review and comment  upon  the  proposed  permit,  and
submit  its  findings  in  writing  to  the submitting state agency, the
administrative regulations review commission and the  secretary  to  the
governor within twenty-one days of receipt of the proposed permit.
  (b)  Any  new or modified non-legislatively mandated permit adopted as
an emergency measure shall be submitted to the office within  five  days
after  its  effective date.   The office shall review and comment on the
permit according to  the  criteria  listed  in  paragraph  (a)  of  this
subdivision   and   report   to   the   submitting   state  agency,  the
administrative regulations review commission and the  secretary  to  the
governor within five days of receipt of notice of the emergency action.
  (c)  Any  applicant  or  holder of a permit may petition the office in
writing to review the need for the permit. The office shall  acknowledge
such  petition  within  five  days  of its receipt. Such review shall be
conducted within sixty days of receipt and the office's  findings  shall
be  submitted  in  writing  to  the  petitioner,  the  state agency, the
administrative regulations review commission and the  secretary  to  the
governor.
  * NB Authority of office terminated per § 893 December 31, 1995