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Tying Agencies in Knots | Environmental Advocates of New York

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Tying Agencies in Knots

No Same As
S.6495 (Ortt, et al).

Explanation:
This legislation severely hinders state agencies ability to adopt new regulations to protect public health and the environment. It
would require a misguided one in, one out policy for new rules. The bill completely fails to contemplate the benefits that strong
standards have for our health, worker safety, and the environment.
A lesson that we all should learn from the contaminated water crisis in Hoosick Falls is the need to strengthen public health and
environmental regulations, and not propose policies (like this bill) that obstruct agencies responsible for protecting us from
pollution. This legislation is exceptionally poor public policy, and it compromises public health and safety.
It is important to note that agencies cannot adopt regulations unless they have statutory authority to do so. Often, standards are
adopted at the express direction of the Legislature.
Although some in the regulated community frequently complain that regulations are too cumbersome, it is regulations that protect
public health, ensure families have clean water to drink and clean air to breathe, and provide that polluters are held accountable for
their pollution instead of placing that burden on New York communities. New York State would not be an attractive place to live,
work, or do business without those protections.
The bill also unnecessarily duplicates what already is required under law. The State Administrative Procedure Act (SAPA) requires
agencies to follow a rigorous procedure that provides for public review and opportunities to comment, thereby involving the public
and affected industries throughout the rulemaking process. SAPA also requires agencies proposing regulations to consider using
regulatory approaches to minimize costs on small businesses and local governments, and conduct additional outreach to solicit their
involvement in the rulemaking. Furthermore, state agencies already must evaluate a proposed regulations potential impact on jobs
and employment opportunities in New York State.

Summary:
This bill amends the State Administrative Procedure Act to require all state agencies to amend or repeal at least one existing rule
whenever a new rule is adopted that imposes a new administrative burden on a business, to offset the cost of the new rule.
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Memo #:
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Tying Agencies in Knots | Environmental Advocates of New York

http://www.eany.org/our-work/policy/tying-agencies-knots

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Environmental Advocates of New York, 353 Hamilton St., Albany, NY 12210 518.462.5526
Environmental Advocates of New York is an affiliate of the National Wildlife Federation

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