N.Y. Comp. Codes R. & Regs. tit. 9 § 4.108

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4.108 - Executive order no. 108: establishing a regulatory reform program

WHEREAS, State regulations are necessary to assure the public health, safety and welfare, and the orderly conduct of business;

WHEREAS, Regulatory systems should be logically structured and internally consistent and should permit regulated parties to discern easily with precision what is required of them;

WHEREAS, Among other steps to improve the State's business climate and the overall operation of government, the State has established the position of Director of Economic Development, redesigned the Department of Economic Development and established the Office of Management and Productivity and the Office of Business Permits and Regulatory Assistance's regulations review program; and

WHEREAS, A continuing and coordinated effort within State government to reform existing regulations will enhance the State's ability to assure that New York has only those regulations that are necessary to protect the public health, safety and welfare and do not unnecessarily burden public or private sector activities:

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish a Regulatory Reform Program to provide for the review of existing State regulations to reduce undue regulatory burdens and enhance the State's economy while assuring the adequacy of State regulations to protect the public health, safety, welfare and the orderly conduct of business.

I. Regulatory Reform Program

The Director of Economic Development, with the assistance of the Office of Business Permits and Regulatory Assistance, shall coordinate a regulatory reform program through which State agencies shall revise their regulations to accomplish the purposes of this Executive Order.

II. Working Groups

Working groups shall be established to address regulatory issues regarding which more than one agency has jurisdiction or substantial interest. Representatives of consumers and of the business or industry being studied shall be included in each working group. Three initial working groups are hereby established as follows:

a. Food Processing Regulations Group. The Department of Agriculture and Markets shall lead a working group, including the Departments of Economic Development, Labor, Environmental Conservation, Health, Transportation, and the Consumer Protection Board. The working group shall review regulations governing the food processing industry.

b. Over-the-road Trucking Regulations Group. The Department of Transportation shall lead a working group, including the Departments of Economic Development, Taxation and Finance, Environmental Conservation, Agriculture and Markets, Labor, Motor Vehicles, and the Consumer Protection Board. The working group shall review regulations governing the over-the-road trucking industry.

c. Occupational Licensure Regulations Group. The Department of State shall lead a working group, including the Departments of Economic Development, Education, Labor, the State University of New York, and the Consumer Protection Board. The working group shall review regulations governing occupational licensure.

In reviewing regulations, and pursuant to paragraph III below, the working groups shall ensure that each regulation minimizes negative economic impacts, licensing, permitting and reporting requirements, takes account of the ability of small businesses to comply, is authorized by law, is necessary, is current, is written clearly, and is not duplicative of, or inconsistent with, other State or Federal regulations.

To the extent that the working groups identify regulations or statutes that warrant revision, the appropriate working group member or members shall revise such regulations accordingly or recommend such statutory changes as may be appropriate in their reports filed pursuant to paragraph IV below.

III. Procedure

Each working group shall prepare a catalogue of existing regulations that address the working group subject, and a review plan for such regulations. The review plan shall: identify an internal review team; establish a review timetable; provide, to the extent practicable, for the use of such other participants as will ensure presentation of a broad range of views and public participation in the review process; indicate and describe ongoing regulatory review efforts; and provide such other information as may be appropriate and useful to ensure the success of the program.

IV. Reporting

Each working group shall submit an initial draft of its Catalogue and Review Plan of Regulations to the Office of Business Permits and Regulatory Assistance by April 1, 1988.

Progress reports shall be submitted to the Office of Business Permits and Regulatory Assistance on September 1, 1988 and April 1, 1989. Final reports shall be submitted to the Office of Business Permits and Regulatory Assistance on or before November 30, 1989. Each final report shall summarize the working group's accomplishments, identify any remaining statutory or regulatory changes required, and make recommendations for continuing regulatory reform efforts. The Office of Business Permits and Regulatory Assistance shall submit consolidated progress reports and a consolidated final report to the Governor, the Governor's Counsel, the Director of Economic Development and the Director of the Division of the Budget.

V. Assistance of Other Agencies

Participating State agencies and the Office of Business Permits and Regulatory Assistance may request and shall receive from any department, division, board, bureau, commission or other agency of the State, or from any public corporation, such cooperation, assistance, services and data as they deem necessary to carry out the purposes of this program.

Signed: Mario M. CuomoDated: January 26, 1988

WHEREAS, regulatory systems should be logically structured and internally consistent and should permit regulated parties to discern easily and with precision what is required of them;

WHEREAS, in 1988, Executive Order No. 108 established a Regulatory Reform Program to ensure that existing regulations are current, necessary, and not unnecessarily burdensome;

WHEREAS, the review of regulations affecting food processing, over-the-road trucking, occupational licensure, child day care licensing and certain local government mandates has resulted in eliminating or revising obsolete, burdensome and unnecessary regulations;

WHEREAS, a continuing and coordinated effort within State government to reform existing regulations will enhance the State's ability to assure that New York has only those regulations that are necessary to protect the public health, safety and welfare and do not unnecessarily burden public or private sector activities;

WHEREAS, a continuing regulatory reform program will help ensure that small businesses, which are particularly vulnerable to burdensome regulations, will not be unduly and unnecessarily regulated; and

WHEREAS, local governments, the general public and the private sector have first-hand knowledge of existing obsolete, unduly burdensome or unnecessary regulations that affect their activities and therefore should participate in initiating the reform process;

NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish a continuing Regulatory Reform Program and encourage the public and private sectors to participate in the review and reform of existing regulations to further reduce undue regulatory burdens, protect the public health, safety and welfare, and enhance the orderly conduct of business, commerce and industry and other activities of our society.

I. Regulatory Reform Program

a. The Office for Regulatory and Management Assistance, hereinafter referred to as the Office, shall coordinate a Regulatory Reform Program through which State agencies shall review and, where appropriate, revise their regulations to accomplish the purposes of this Executive Order.

b. The Office shall consider suggestions for regulatory reform projects from State agencies, local governments, the general public and the private sector. The Office shall publish at least annually a Notice of Request for Suggestions in the State Register and such other publications as it may deem appropriate through which a broad range of interested parties, regulated businesses, organizations and groups may be reached. State agencies, local governments, the general public and the private sector are encouraged to suggest areas of regulation as appropriate candidates for regulatory reform. The Office will select areas for regulatory reform projects.

II. Working Groups

a. The Office may establish Working Groups to address particular areas of regulation or substantial interest to State or local governments, the general public or the private sector. Working Groups shall include representatives of the regulating agencies, local governments, affected individuals, interested groups, consumers and the business or industry being studied, as may be appropriate. Working Groups shall be held to a manageable size so that the purposes of the Executive Order may be accomplished in a timely manner.

b. The Office shall designate a Chairperson to lead each Working Group. The Chairperson shall call meetings, set the agenda, assign tasks and establish schedules for their completion, and generally lead the Working Group to ensure the efficient and timely completion of its review activities.

c. In reviewing regulations, and pursuant to Paragraph III below, each Working Group shall ensure that each regulation minimizes negative economic impacts, minimizes licensing, permitting and reporting requirements, takes account of the ability of small businesses to comply, is authorized by law, is necessary, is current, is written clearly, and is not duplicative of, or inconsistent with, other State or federal regulations.

To the extent that a Working Group identifies regulations or statutes that warrant revision, the appropriate Working Group member or members shall revise such regulations expeditiously or recommend such statutory changes as may be appropriate in their reports filed pursuant to Paragraph IV below.

III. Procedure

Each Working Group shall prepare a plan for reviewing regulations that address the Working Group subject. The plan shall: identify an internal review team; establish a review timetable; provide, to the extent practicable, for the use of such other participants as will ensure presentation of a broad range of views and public participation in the review process; indicate and describe ongoing regulatory review efforts; indicate how the Group will evaluate the effectiveness of its reform project and provide such other information as may be appropriate and useful to ensure the success of the program.

IV. Reporting

a. Each Working Group shall submit its plan and schedule for completion of the project to the Office. The Working Group shall consult with the Office when establishing such schedule.

b. Progress and final reports shall be submitted to the Office in accordance with the schedule established by the Working Group. Each report shall summarize the Working Group's accomplishments, identify any remaining statutory or regulatory changes required, contain an evaluation of the effectiveness of the Group's regulatory reform project, and make recommendations for continuing regulatory reform efforts. The Office shall periodically submit individual or cumulative progress reports and final reports on each Working Group to the Governor, the Secretary to the Governor, the Counsel to the Governor and the Director of the Division of the Budget.

V. Evaluation

The Office shall monitor the effectiveness of the program and make appropriate recommendations to the Governor, the Secretary to the Governor, the Counsel to the Governor and the Director of the Division of the Budget.

VI. Assistance of Other Agencies

Participating State agencies and the Office may request and shall receive from any department, division, board, bureau, commission or other agency of the State, or from any public corporation, such cooperation, assistance, services and data as they deem necessary to carry out the purposes of this program.

VII. Superseding Effect

Executive Order No. 108 dated January 26, 1988 is revoked and superseded by this Executive Order.

Signed: Mario M. CuomoDated: October 5, 1993

[FN**] [Revoked and superseded by Executive Order No. 108.1, infra.]

[FN*] [Revokes and supersedes Executive Order No. 108, supra.]

[FN[DAGGER]] [Revoked and superseded by Executive Order No. 20 (George E. Pataki) § 5.20, supra.]

[FN[DOUBLE DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.108