The Problem with Regulatory Accumulation

Regulations accumulate over time but rarely get removed:

  • New rules added in response to new problems
  • Old rules remain even when circumstances change
  • Compliance costs grow steadily
  • Small businesses bear disproportionate burden (lack staff for compliance)

NY-01 Specific Examples

  • Over 1,200 separate zoning districts across Long Island
  • Multiple permit requirements for single home improvement project
  • Overlapping environmental reviews from federal, state, and local agencies
  • Complex licensing requirements for small businesses

Regulatory Reform Mechanisms

Retrospective Review Requirements

  • Require agencies to review existing regulations every 10 years
  • Assess whether regulation achieved intended purpose
  • Evaluate whether costs match original estimates
  • Modify or repeal regulations that fail review

Sunset Provisions

  • All new regulations automatically expire after set period (e.g., 7 years)
  • Renewal requires affirmative action and updated justification
  • Prevents regulatory accumulation without forcing immediate repeal

Regulatory Budget

  • Set cap on total regulatory compliance costs
  • New regulations must be offset by eliminating existing rules
  • Forces prioritization of most important regulations

Cost-Benefit Transparency

  • Require detailed cost-benefit analysis before new rules adopted
  • Publish analysis for public comment
  • Regular updates comparing projected vs. actual costs/benefits

Small Business Exemptions

  • Automatically exempt businesses below threshold from non-essential regulations
  • Or provide extended implementation timelines
  • Simplified compliance options for small entities

Specific Reforms for NY-01

AreaCurrent ProblemReform Approach
Housing permitsMultiple sequential approvals from different agenciesSingle application reviewed by all agencies simultaneously; automatic approval if no response within 60 days
Septic upgradesCustom engineering required for each propertyPre-approved system designs; same-day permits for conforming installations
Small business licensingSeparate licenses from county, town, stateSingle business portal; combined inspections; license duration extended from 1 to 3 years
Agricultural operationsComplex overlapping regulationsFarming-specific navigator; safe harbors for common practices; streamlined environmental permits
Coastal constructionMultiple agency reviews (Army Corps, DEC, local)Joint review process; single environmental assessment accepted by all agencies

Model: California's SB 35 for Housing

California's SB 35 provides a model for regulatory streamlining that preserves important protections:

How It Works

  • If a jurisdiction isn't meeting its housing production goals, qualifying projects receive "ministerial" (automatic) approval
  • Projects must meet objective standards (zoning, affordability requirements, labor standards)
  • Approval timeline capped at 60-90 days
  • Exempts projects from discretionary review and CEQA (California Environmental Quality Act)

Safeguards

  • Only applies to jurisdictions failing to meet housing goals
  • Excludes environmentally sensitive sites, historic resources, hazard zones
  • Requires affordability set-asides
  • Labor standards for construction workers
Results from California SB 35
  • By 2023, over 18,000 housing units proposed under SB 35
  • Two-thirds were affordable housing
  • Approval timelines dramatically reduced

Application to NY-01

  • Similar streamlining for housing within 1/2 mile of LIRR stations
  • Ministerial approval if project meets objective standards
  • Preserve environmental protections for sensitive areas (coastal, aquifer recharge zones)