N.Y. Executive Law § 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