N.Y. State Administrative Procedure Act § 206: Overlapping regulations; compliance determinations

§ 206. Overlapping regulations; compliance determinations. 1. It is

the declared policy of this state to protect and encourage jobs,

investment and economic activity and to promote the public health,

safety and welfare by administering all regulatory requirements imposed

by the state in a fair and reasonable manner.

2. Any person subject to a requirement imposed by a state statute or

rule and to a similar requirement imposed by the federal government, may

pursuant to section two hundred four of this chapter, petition the

agency administering the state requirement for a declaratory ruling as

to whether compliance with the federal requirement will be accepted as

compliance with the state requirement. Upon receipt of such petition,

the agency shall submit a copy thereof to the office of business permits

and regulatory assistance.

3. If the agency determines that compliance with the federal

requirement would not satisfy the purposes or relevant provisions of the

state statute involved, the agency shall so inform the petitioner in

writing stating the reasons therefor and may issue a declaratory ruling

to that effect. A copy of such written statement of reasons and any such

declaratory ruling shall be submitted by the agency to the office of

business permits and regulatory assistance.

4. If the agency determines that compliance with the federal

requirement would satisfy the purposes and relevant provisions of the

state statute involved but that it would not satisfy the relevant

provisions of the state rule involved, the agency shall so inform the

petitioner and the office of business permits and regulatory assistance

and may initiate a rulemaking proceeding in accordance with this chapter

to consider revising such rule to accept compliance with such federal

requirement in a manner that is consistent with the requirements and

purposes of the state statute.

5. If the agency determines that compliance with the federal

requirement would satisfy the purposes and relevant provisions of the

state statute involved, and that it would satisfy the relevant

provisions of the state rule involved, the agency shall issue a

declaratory ruling indicating its intention to accept compliance with

the federal requirement as compliance with the state requirement, and

the terms and conditions under which it intends to do so. A copy of such

declaratory ruling shall be submitted by the agency to the office of

business permits and regulatory assistance.

6. The office of business permits and regulatory assistance may

consider agency compliance with this section when performing its review

function under section two hundred two-c of this chapter.