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
| Area | Current Problem | Reform Approach |
|---|---|---|
| Housing permits | Multiple sequential approvals from different agencies | Single application reviewed by all agencies simultaneously; automatic approval if no response within 60 days |
| Septic upgrades | Custom engineering required for each property | Pre-approved system designs; same-day permits for conforming installations |
| Small business licensing | Separate licenses from county, town, state | Single business portal; combined inspections; license duration extended from 1 to 3 years |
| Agricultural operations | Complex overlapping regulations | Farming-specific navigator; safe harbors for common practices; streamlined environmental permits |
| Coastal construction | Multiple 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)