New York State - Executive - EXC - Article 39
* ARTICLE 39 OFFICE OF BUSINESS PERMITS
Section 875. Declaration of purpose.
876. Definitions.
877. Office of business permits.
878. General functions, powers and duties.
879. Assistance of other state agencies.
880. Comprehensive permit information.
881. Master application procedure.
882. Pre-application conferences.
883. Conceptual review.
884. Permit coordination and assistance to applicants.
885. Consolidated hearings.
886. Permit authority retained.
887. Implementation of services.
888. Federal and local government participation.
889. Program responsibilities.
889-a. Business permit assistance in empire zones.
890. Temporary assignment or permanent transfer of personnel.
891. Advisory council.
892. Reports to the governor and the legislature.
893. Termination of authority.
* NB Authority of office terminated per § 893 (December 31, 1995)
* § 875. Declaration of purpose. The legislature finds and determines as follows:
1. Increasing regulation of business in the state has been accompanied by a proliferation of permits entailing multiple requirements, jurisdictional overlaps, and business uncertainties. More than thirty-five state agencies issue permits affecting business. Permits number in the hundreds in statute with still more in rules and regulations. Business moves in a maze of permits, licenses, and approvals.
2. The public interest will be served by overcoming the delays and burdensome permit requirements which too often accompany business regulation and by fixing responsibility for continuing and comprehensive action designed to consolidate, simplify, or expedite the permit procedures of state agencies.
3. Accomplishment of these purposes will be facilitated through the establishment of an office for business permits and a program of business permit assistance in state government which will provide comprehensive permit information, one-stop service for permit applicants, and the coordination of permit processing and review.
4. It is the intent of the legislature that the program of business permit assistance will be directed to commercial, or non-profit, business undertakings, projects, and activities rather than to the routine issuance of licenses and permits for individual privileges, including the occupational licenses for practicing a trade or profession, licenses for operating a motor vehicle and amateur sporting licenses, such as for hunting and fishing.
5. It is the further intent of the legislature that the program of business permit assistance focus primarily on those business undertakings needing special help with state agency requirements and procedures and, generally improve the delivery of governmental services to businesses locating or expanding in the state.
6. The program of business permit assistance will thereby constitute an economic advantage to the state and facilitate such undertakings as commercial, industrial and residential developments; medical, social, and educational installations; industrial location or expansion; changes in manufacturing, production, and distribution processes; local government projects; and general construction.
* NB Authority of office terminated per § 893 December 31, 1995
* § 876. Definitions. When used in this article:
1. "Office" means the office of business permits created by this article.
2. "Director" means the director of the office of business permits.
3. "State agency" means any department, board, bureau, commission, division, office, council or agency of the state, or a public benefit corporation or public authority at least one of whose members is appointed by the governor.
4. "Permit" means the whole or part of any state agency permit, license, certificate, approval, registration, charter, or similar form of permission required by law or by state agency rules and regulations having the force and effect of law.
5. "Person" means any individual, proprietorship, partnership, association, cooperative, corporation, nonprofit organization, state or local government agency, and any other organization required to obtain one or more permits.
6. "Applicant" means any person acting on his behalf or authorized to act on behalf of any other person for the purpose of securing a permit.
* NB Authority of office terminated per § 893 December 31, 1995
* § 877. Office of business permits. 1. There is hereby created in the executive department an office of business permits. The head of the office shall be the director of business permits who shall be appointed by the governor, by and with the advice and consent of the senate, and who shall hold office at the pleasure of the governor.
2. The director shall devote his whole time and capacity to his duties as director. He shall receive an annual salary to be fixed by the governor within the amount made available therefor by appropriation and shall be allowed his actual and necessary expenses in the performance of his duties.
3. The director shall direct the work of the office and shall be the chief executive officer of the office. The director may appoint such officers and employees as he may deem necessary, prescribe their duties, fix their compensation, and provide for the reimbursement of their expenses, all within amounts made available therefor by appropriation.
4. The director shall report to the secretary to the governor on the activities of the office to ensure their consistency with the overall economic development policies of the state.
5. The secretary to the governor, working with state agency heads concerned with economic affairs shall assure that the activities of the office are fully coordinated with related activities of state agencies providing related services.
* NB Authority of office terminated per § 893 December 31, 1995
* § 878. General functions, powers and duties. The office of business permits, by and through the director or his duly authorized officers and employees, shall have the following functions, powers and duties:
1. To provide comprehensive information on permits required for business undertakings, projects, and activities in the state and to make such information available to applicants and generally to any person.
2. To develop a master application procedure to expedite the identification and processing of such permits.
3. To assist applicants in obtaining timely and efficient permit review and the resolution of issues arising therefrom.
4. To consolidate hearings required pursuant to permit applications when feasible and advantageous.
5. To provide the conceptual review of business undertakings at an early stage of planning to provide interested persons with an official opinion as to the general acceptability of such undertakings.
6. To encourage and facilitate the participation of federal and local government agencies in permit coordination.
7. To make recommendations for eliminating, consolidating, simplifying, expediting, or otherwise improving permit procedures affecting business undertakings.
14. To assist any person in the preparation of a petition for a declaratory ruling to be submitted pursuant to section two hundred six of the state administrative procedure act.
15. To monitor agency compliance with section two hundred six of the state administrative procedure act and to make recommendations to agencies for improving such compliance.
17. To adopt such rules and regulations, procedures, instructions, and forms as are required to carry out the functions, powers, and duties imposed upon the office by this article.
* NB Authority of office expired per § 893 December 31, 1995
* § 879. Assistance of other state agencies. To effectuate the purposes of this article, the director may request and shall be entitled to receive from any state agency, and the same are authorized to provide, such assistance, services, facilities, and data as will enable the office to carry out its functions, powers, and duties, and such funding, including but not limited to charge backs for allocated costs, and temporarily assigned personnel as the director of the budget may approve.
* NB Authority of office terminated per § 893 December 31, 1995
* § 880. Comprehensive permit information. 1. Not later than ninety days from the effective date of this article each state agency required to review, approve or grant permits for business undertakings, projects, and activities shall report to the office in a form prescribed by the office on each and every type of such review, approval, and permit administered by the state agency. Application forms, applicable agency rules, and the estimated time period necessary for permit application consideration based on experience and statutory or regulatory requirements shall accompany each state agency report.
2. Each state agency required to review, approve or grant permits for business undertakings, projects, and activities shall subsequent to its report pursuant to subdivision one of this section provide the office with a report of any new permit or modification of any existing permit, together with applicable forms, rules, and information required under subdivisions one and two of this section regarding such new or modified permit. No new or modified permit shall become effective until thirty days after the office has been provided with such report, provided, however, that the thirty day period may be dispensed with for any new or modified permit adopted as an emergency measure in accordance with the provisions of the state administrative procedure act. When any new or modified permit is adopted as an emergency action in accordance with the provisions of the state administrative procedure act, the office shall be notified of such action by the adopting state agency within five days after the effective date of such action.
3. The office shall prepare an information file on state agency permit requirements upon receipt of the state agency reports and shall develop methods for its maintenance, revision, updating, and ready access.
4. The office shall provide comprehensive permit information on the basis of the foregoing. The office may prepare and distribute publications, guides, and other materials based upon the state agency reports and the information file which will serve the convenience of permit applicants and which will explain permit requirements affecting business, including requirements having multiple permit or multiple state agency aspects.
* NB Authority of office terminated per § 893 December 31, 1995
* § 881. Master application procedure. 1. The office shall develop and implement a master application procedure to expedite the identification and processing of permits for business undertakings, projects, and activities. A master application shall be made on a form prescribed by the office, such form to be designed primarily for the convenience of applicants confronting requirements for multiple permits from one or more state agencies, and shall provide for concise and specific information necessary to a determination of those permits which are or may be required for the undertaking, project, or activity.
2. Use of the master application procedure shall be at the option of any person proposing a business undertaking, project or activity. The office shall assist any person upon request in preparing a master application, describe the procedures involved, and provide such other information from the comprehensive permit information file as may be helpful or necessary.
3. Upon receipt of a master application the office shall immediately notify in writing each state agency having a possible interest in the proposed business undertaking, project, or activity with respect to permits which are or may be required.
4. Each state agency so notified shall respond to the office within fifteen days of receipt of the notice and shall advise the office whether one or more permits under its jurisdiction are or may be required for the business undertaking, project, or activity described in the master application. The response shall specify the permits which in the opinion of the agency are or may be required, if any, and shall indicate the fees to be charged.
5. Any state agency so notified which responds that it does not have an interest in the permit requirements of the business undertaking, project, or activity described in the master application, or which does not respond within the time period specified in subdivision four of this section, shall not require a permit for the undertaking, project, or activity described in the master application.
6. The provisions of subdivision five of this section shall not apply if the master application contained false, misleading or deceptive information, or failed to include pertinent information, the lack of which could reasonably lead a state agency to misjudge the applicability of permits under its jurisdiction, or if new permit requirements or related standards subsequently became effective for which a state agency had no discretion in establishing the effective date thereof.
7. The office, following the fifteen day notice and response period, shall promptly provide the person having submitted a master application with application forms and related information for all permits specified by the interested state agencies and shall advise such person:
(a) that all such forms are to be completed and submitted to the interested state agencies; or, at the option of the applicant,
(b) that the office will receive all such forms as a package with the fees to be charged, if any, and that the office will immediately separate and submit such forms and any allocable fees to the interested state agencies.
8. An applicant may withdraw a master application at any time without forfeiture of any permit approval applied for or obtained under the master application procedures contained in this section.
* NB Authority of office terminated per § 893 December 31, 1995
* § 882. Pre-application conferences. The office, at the request of any person proceeding in accordance with section eight hundred eighty-one of this article, may conduct a pre-application conference, pending the submission of application forms, in which the interested state agencies shall participate in order to clarify the nature and scope of their interest and provide guidance to the person in relation to permit application review processes and in order to coordinate agency actions and data compilation or submission regarding permit requirements. Other state agencies having responsibilities for business promotion and regulation may participate in any such conference at the discretion of the director.
* NB Authority of office terminated per § 893 December 31, 1995
* § 883. Conceptual review. 1. The office at the request of the director may, at the request of any person proceeding in accordance with section eight hundred eighty-one of this article, provide a conceptual review of a proposed business undertaking, project, or activity which may require multiple permits, which will take place in phases over an extended period of time, or which will involve substantial expense for preparing detailed plans, specifications, and permit applications. Each interested state agency shall participate in the conceptual review; and the person shall provide such information in addition to that provided in the master application as the state agencies shall reasonably request.
2. After consideration of the master application and any additional information, each interested state agency shall render to the person a written conceptual review determination, which will provide an official opinion as to the general acceptability of the proposed business undertaking, project, or activity and which will state all permits which such agency would require, the standards and conditions which would have to be met in order to obtain approval of such permits, and any properly related circumstances or findings.
3. Each interested state agency participating in the conceptual review shall render the written conceptual review determination within a period not exceeding sixty days from the date fixed by the director, provided, however, that such period may be extended by the director at the request of an interested state agency for the further consideration of the master application and any additional information provided in accordance with subdivision one of this section. The director shall advise the person having requested the conceptual review of such extension, the reasons therefor, and the revised period fixed by the director for rendering the conceptual review determination; and such person shall be entitled to confer with the office and with any state agency having been granted an extension of time to ascertain what further information, if any, is required to facilitate the conceptual review determination.
4. A conceptual review determination shall not relieve the person from the responsibility of obtaining any required permits and shall be contingent upon the submission of such detailed plans, specifications and information as may be required for permit applications. A conceptual review determination shall remain in effect indefinitely for the proposed business undertaking, project, or activity as described in the master application and any additional information submitted as part of the conceptual review, provided, however, that if new permit requirements or related standards, over which a state agency has no control or discretion in establishing the effective date thereof, subsequently become effective, such new permit requirements or standards shall not be considered to have been part of the conceptual review determination.
5. The office shall provide in its rules for the procedures to be followed in the conduct of a conceptual review and shall coordinate the delivery of conceptual review determinations to the person, provided, however, that any state agency authorized to conduct a conceptual review under other provisions of law may, in consultation with the person and the director, elect to follow such provisions with respect to rendering the conceptual review determination authorized by this section.
* NB Authority of office terminated per § 893 December 31, 1995
* § 884. Permit coordination and assistance to applicants. 1. Any applicant for permits required for a business undertaking, project or activity may confer with the office to obtain assistance in the prompt and efficient processing and review of applications.
2. The office shall, so far as possible, render such assistance; and the director may designate an officer or employee of the office to act as an expediter with the purpose of:
(a) facilitating contacts for the applicant with state agencies responsible for processing and reviewing permit applications;
(b) arranging conferences to clarify the interest and requirements of any such state agency with respect to permit applications;
(c) considering with state agencies the feasibility of consolidating hearings and data required of the applicant;
(d) assisting the applicant in the resolution of outstanding issues identified by state agencies, including delays experienced in permit review; and
(e) coordinating federal, state, and local permit review actions to the extent practicable.
* NB Authority of office terminated per § 893 December 31, 1995
* § 885. Consolidated hearings. 1. Any applicant for permits required for a business undertaking, project, or activity, or any state agency having jurisdiction of the required permits, may request the office to coordinate any public hearings. The office may consolidate such hearings insofar as may be feasible.
2. A consolidated hearing shall be conducted in a manner consistent with the state administrative procedure act. The director or his designee shall be the presiding officer and shall establish an agenda for, and regulate, the course of the hearing. A representative of each state agency within whose jurisdiction a specific application lies shall conduct that portion of the hearing pertaining to the submission of information and data relating to such application. The hearing may be continued by the presiding officer when appropriate and shall be recorded in a suitable manner.
3. The office, with the consent of the state agencies having permit jurisdiction, may provide for a pre-hearing conference to assist in the disposition of the type, time, place, and parties of the consolidated hearing, the simplification of the issues, the stipulations as to agreed facts and necessary documents, and any other relevant matters.
* NB Authority of office terminated per § 893 December 31, 1995
* § 886. Permit authority retained. Each state agency having jurisdiction to approve or deny a permit shall have the continuing power heretofore or hereafter vested in it to make such determinations. The provisions of this article shall not lessen or reduce such powers and shall modify the procedures followed in carrying out such powers only to the extent provided herein.
* NB Authority of office terminated per § 893 December 31, 1995
* § 887. Implementation of services. 1. Not later than six months from the effective date of this article, the office shall establish the permit information, coordination, and assistance services provided for in section eight hundred eighty through section eight hundred eighty-five of this article, except as otherwise provided in subdivision three of this section.
2. Services so rendered by the office shall be made available without charge, provided that nothing contained herein shall relieve an applicant of any part of the fees or charges established for the review and approval of permit applications or relieve an applicant of any of the apportioned costs of a consolidated hearing conducted under section eight hundred eighty-five of this article.
3. Under its rules the office shall provide for the implementation of the master application procedure contained in section eight hundred eighty-one of this article and shall specify the permits to which the master application procedure is applicable. Prior to the adoption of any rule relating to the inclusion, exclusion, or addition of permits to which the master application procedure is applicable, the office shall give notice of such rule and hold a public hearing thereon.
4. Each state agency having jurisdiction of any permit to which the master application procedure is applicable shall designate an officer or employee to act as permit liaison officer to cooperate with the office in carrying out the provisions of this article.
* NB Authority of office terminated per § 893 December 31, 1995
* § 888. Federal and local government participation. 1. Federal and local government permit agencies shall be encouraged to participate in the business permit information, coordination, and assistance services of the office and to make information available to applicants through the office with respect to any business undertaking, project, or activity which is referred to the office under the provisions of this article.
2. The office shall, so far as is practicable, advise applicants of federal and local agency permit requirements and shall maintain an information file on permits for which the state has delegated issuance authority to local government agencies.
3. The director shall consult with local government officials with respect to cooperation in coordinating state and local permit application and review procedures and shall recommend to the governor and the legislature any actions which would facilitate such coordination.
* NB Authority of office terminated per § 893 December 31, 1995
* § 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
* § 889-a. Business permit assistance in empire zones. (a) Upon the designation of an empire zone pursuant to article eighteen-B of the general municipal law, the office, by and through the director or his duly authorized officers and employees, shall establish a business permit assistance program to provide in such empire zone the business permit assistance services authorized in this article. Such program shall enable an applicant for a permit for a business undertaking, project or activity in an empire zone to confer with the office to obtain on-site assistance in the empire zone in the prompt and efficient processing and review of applications for such permits.
(b) In providing such on-site permit assistance, the director may designate one or more officers or employees of the office to act as permit assistance managers to fulfill, with respect to empire zones, the purposes set forth in subdivision two of section eight hundred eighty-four of this article.
(c) The director may request and shall receive the assistance of any state agency having jurisdiction over any business permits to be issued in an empire zone in designating an officer or employee of such agency to coordinate agency efforts in cooperation with the office in providing a business permit assistance program for such empire zone.
(d) Any state agency having jurisdiction of any business permits to be issued in an empire zone shall, to the maximum extent feasible, establish procedures to expedite applications for business permits in an empire zone.
(e) To the extent provided for in any agreement between the office and a county, city, town or village, as authorized by article eighteen-B of the general municipal law, the office may provide a business permit assistance program to applicants for permits required by such county, city, town or village for a business undertaking, project or activity in an empire zone.
* NB Authority of office terminated per § 893 December 31, 1995
* § 890. Temporary assignment or permanent transfer of personnel. The director, in consultation with the head of the agency concerned and with the approval of the director of the budget, may provide for the temporary assignment or transfer of officers and employees of state agencies to the office on a permanent or temporary basis in a manner consistent with and authorized by the civil service law as the director of the office may deem necessary to the performance of the functions and duties of the office. Employees permanently transferred shall be transferred without further examination or qualification and shall retain their respective civil service classification and status. Any such employee who, at the time of such transfer, has a temporary or provisional appointment shall be transferred subject to the same right of removal, examination or termination as though such transfer had not been made. No existing right or benefit, including retirement benefits or remedy of any character, shall be lost, impaired or affected by reason of this article. Transfer of employees pursuant to this article shall be governed solely and exclusively by the provisions hereof notwithstanding other provisions of the law.
* NB Authority of office terminated per § 893 December 31, 1995
* § 891. Advisory council. 1. There shall be an advisory council in the office consisting of the secretary to the governor ex officio and six appointive members. The appointive members shall include one member each appointed by the governor on the recommendation of the temporary president of the senate and the speaker of the assembly and four other members representative of business-related interests in the state appointed by the governor. The governor shall designate one of the appointive members as chairman and one as vice-chairman of the advisory council. The director shall not serve as a member of the advisory council but shall serve as secretary to the council.
2. The appointive members shall serve for terms of three years each. Vacancies shall be filled in the manner of original appointment for the unexpired terms. Members of the advisory council shall receive no compensation for their services but shall be reimbursed for all expenses actually and necessarily incurred by them in performance of their duties. The advisory council shall meet not less than quarterly in each year. Special meetings may be held at the call of the chairman.
3. The advisory council shall have the power to consider any matter relating to the services of the office and advise the director on office policies, goals, and operation. The council may also:
(a) assist in establishing policy guidelines for the conduct of the office;
(b) review and comment on proposed rules and regulations of the office prior to their adoption; and
(c) submit recommendations to the governor and the legislature at any time for the improvement, modification, or extension of the service of the office and for actions designed to eliminate, consolidate, simplify, or expedite permit procedures of state agencies.
* NB Authority of office terminated per § 893 December 31, 1995
* § 892. Reports to the governor and the legislature. The office shall thereafter make an annual report to the governor and the legislature not later than December thirty-first of each year.
* NB Authority of office terminated per § 893 December 31, 1995
* § 893. Termination of authority. Unless expressly extended by act of the legislature, the authority of the office to provide services under this article shall terminate on December thirty-first, nineteen hundred ninety-five, provided, however, that any master application still pending with the office on or before such date shall be processed to conclusion in accordance with the provisions of this article.
* NB Authority of office terminated per § 893 December 31, 1995
Section 875. Declaration of purpose.
876. Definitions.
877. Office of business permits.
878. General functions, powers and duties.
879. Assistance of other state agencies.
880. Comprehensive permit information.
881. Master application procedure.
882. Pre-application conferences.
883. Conceptual review.
884. Permit coordination and assistance to applicants.
885. Consolidated hearings.
886. Permit authority retained.
887. Implementation of services.
888. Federal and local government participation.
889. Program responsibilities.
889-a. Business permit assistance in empire zones.
890. Temporary assignment or permanent transfer of personnel.
891. Advisory council.
892. Reports to the governor and the legislature.
893. Termination of authority.
* NB Authority of office terminated per § 893 (December 31, 1995)
* § 875. Declaration of purpose. The legislature finds and determines as follows:
1. Increasing regulation of business in the state has been accompanied by a proliferation of permits entailing multiple requirements, jurisdictional overlaps, and business uncertainties. More than thirty-five state agencies issue permits affecting business. Permits number in the hundreds in statute with still more in rules and regulations. Business moves in a maze of permits, licenses, and approvals.
2. The public interest will be served by overcoming the delays and burdensome permit requirements which too often accompany business regulation and by fixing responsibility for continuing and comprehensive action designed to consolidate, simplify, or expedite the permit procedures of state agencies.
3. Accomplishment of these purposes will be facilitated through the establishment of an office for business permits and a program of business permit assistance in state government which will provide comprehensive permit information, one-stop service for permit applicants, and the coordination of permit processing and review.
4. It is the intent of the legislature that the program of business permit assistance will be directed to commercial, or non-profit, business undertakings, projects, and activities rather than to the routine issuance of licenses and permits for individual privileges, including the occupational licenses for practicing a trade or profession, licenses for operating a motor vehicle and amateur sporting licenses, such as for hunting and fishing.
5. It is the further intent of the legislature that the program of business permit assistance focus primarily on those business undertakings needing special help with state agency requirements and procedures and, generally improve the delivery of governmental services to businesses locating or expanding in the state.
6. The program of business permit assistance will thereby constitute an economic advantage to the state and facilitate such undertakings as commercial, industrial and residential developments; medical, social, and educational installations; industrial location or expansion; changes in manufacturing, production, and distribution processes; local government projects; and general construction.
* NB Authority of office terminated per § 893 December 31, 1995
* § 876. Definitions. When used in this article:
1. "Office" means the office of business permits created by this article.
2. "Director" means the director of the office of business permits.
3. "State agency" means any department, board, bureau, commission, division, office, council or agency of the state, or a public benefit corporation or public authority at least one of whose members is appointed by the governor.
4. "Permit" means the whole or part of any state agency permit, license, certificate, approval, registration, charter, or similar form of permission required by law or by state agency rules and regulations having the force and effect of law.
5. "Person" means any individual, proprietorship, partnership, association, cooperative, corporation, nonprofit organization, state or local government agency, and any other organization required to obtain one or more permits.
6. "Applicant" means any person acting on his behalf or authorized to act on behalf of any other person for the purpose of securing a permit.
* NB Authority of office terminated per § 893 December 31, 1995
* § 877. Office of business permits. 1. There is hereby created in the executive department an office of business permits. The head of the office shall be the director of business permits who shall be appointed by the governor, by and with the advice and consent of the senate, and who shall hold office at the pleasure of the governor.
2. The director shall devote his whole time and capacity to his duties as director. He shall receive an annual salary to be fixed by the governor within the amount made available therefor by appropriation and shall be allowed his actual and necessary expenses in the performance of his duties.
3. The director shall direct the work of the office and shall be the chief executive officer of the office. The director may appoint such officers and employees as he may deem necessary, prescribe their duties, fix their compensation, and provide for the reimbursement of their expenses, all within amounts made available therefor by appropriation.
4. The director shall report to the secretary to the governor on the activities of the office to ensure their consistency with the overall economic development policies of the state.
5. The secretary to the governor, working with state agency heads concerned with economic affairs shall assure that the activities of the office are fully coordinated with related activities of state agencies providing related services.
* NB Authority of office terminated per § 893 December 31, 1995
* § 878. General functions, powers and duties. The office of business permits, by and through the director or his duly authorized officers and employees, shall have the following functions, powers and duties:
1. To provide comprehensive information on permits required for business undertakings, projects, and activities in the state and to make such information available to applicants and generally to any person.
2. To develop a master application procedure to expedite the identification and processing of such permits.
3. To assist applicants in obtaining timely and efficient permit review and the resolution of issues arising therefrom.
4. To consolidate hearings required pursuant to permit applications when feasible and advantageous.
5. To provide the conceptual review of business undertakings at an early stage of planning to provide interested persons with an official opinion as to the general acceptability of such undertakings.
6. To encourage and facilitate the participation of federal and local government agencies in permit coordination.
7. To make recommendations for eliminating, consolidating, simplifying, expediting, or otherwise improving permit procedures affecting business undertakings.
14. To assist any person in the preparation of a petition for a declaratory ruling to be submitted pursuant to section two hundred six of the state administrative procedure act.
15. To monitor agency compliance with section two hundred six of the state administrative procedure act and to make recommendations to agencies for improving such compliance.
17. To adopt such rules and regulations, procedures, instructions, and forms as are required to carry out the functions, powers, and duties imposed upon the office by this article.
* NB Authority of office expired per § 893 December 31, 1995
* § 879. Assistance of other state agencies. To effectuate the purposes of this article, the director may request and shall be entitled to receive from any state agency, and the same are authorized to provide, such assistance, services, facilities, and data as will enable the office to carry out its functions, powers, and duties, and such funding, including but not limited to charge backs for allocated costs, and temporarily assigned personnel as the director of the budget may approve.
* NB Authority of office terminated per § 893 December 31, 1995
* § 880. Comprehensive permit information. 1. Not later than ninety days from the effective date of this article each state agency required to review, approve or grant permits for business undertakings, projects, and activities shall report to the office in a form prescribed by the office on each and every type of such review, approval, and permit administered by the state agency. Application forms, applicable agency rules, and the estimated time period necessary for permit application consideration based on experience and statutory or regulatory requirements shall accompany each state agency report.
2. Each state agency required to review, approve or grant permits for business undertakings, projects, and activities shall subsequent to its report pursuant to subdivision one of this section provide the office with a report of any new permit or modification of any existing permit, together with applicable forms, rules, and information required under subdivisions one and two of this section regarding such new or modified permit. No new or modified permit shall become effective until thirty days after the office has been provided with such report, provided, however, that the thirty day period may be dispensed with for any new or modified permit adopted as an emergency measure in accordance with the provisions of the state administrative procedure act. When any new or modified permit is adopted as an emergency action in accordance with the provisions of the state administrative procedure act, the office shall be notified of such action by the adopting state agency within five days after the effective date of such action.
3. The office shall prepare an information file on state agency permit requirements upon receipt of the state agency reports and shall develop methods for its maintenance, revision, updating, and ready access.
4. The office shall provide comprehensive permit information on the basis of the foregoing. The office may prepare and distribute publications, guides, and other materials based upon the state agency reports and the information file which will serve the convenience of permit applicants and which will explain permit requirements affecting business, including requirements having multiple permit or multiple state agency aspects.
* NB Authority of office terminated per § 893 December 31, 1995
* § 881. Master application procedure. 1. The office shall develop and implement a master application procedure to expedite the identification and processing of permits for business undertakings, projects, and activities. A master application shall be made on a form prescribed by the office, such form to be designed primarily for the convenience of applicants confronting requirements for multiple permits from one or more state agencies, and shall provide for concise and specific information necessary to a determination of those permits which are or may be required for the undertaking, project, or activity.
2. Use of the master application procedure shall be at the option of any person proposing a business undertaking, project or activity. The office shall assist any person upon request in preparing a master application, describe the procedures involved, and provide such other information from the comprehensive permit information file as may be helpful or necessary.
3. Upon receipt of a master application the office shall immediately notify in writing each state agency having a possible interest in the proposed business undertaking, project, or activity with respect to permits which are or may be required.
4. Each state agency so notified shall respond to the office within fifteen days of receipt of the notice and shall advise the office whether one or more permits under its jurisdiction are or may be required for the business undertaking, project, or activity described in the master application. The response shall specify the permits which in the opinion of the agency are or may be required, if any, and shall indicate the fees to be charged.
5. Any state agency so notified which responds that it does not have an interest in the permit requirements of the business undertaking, project, or activity described in the master application, or which does not respond within the time period specified in subdivision four of this section, shall not require a permit for the undertaking, project, or activity described in the master application.
6. The provisions of subdivision five of this section shall not apply if the master application contained false, misleading or deceptive information, or failed to include pertinent information, the lack of which could reasonably lead a state agency to misjudge the applicability of permits under its jurisdiction, or if new permit requirements or related standards subsequently became effective for which a state agency had no discretion in establishing the effective date thereof.
7. The office, following the fifteen day notice and response period, shall promptly provide the person having submitted a master application with application forms and related information for all permits specified by the interested state agencies and shall advise such person:
(a) that all such forms are to be completed and submitted to the interested state agencies; or, at the option of the applicant,
(b) that the office will receive all such forms as a package with the fees to be charged, if any, and that the office will immediately separate and submit such forms and any allocable fees to the interested state agencies.
8. An applicant may withdraw a master application at any time without forfeiture of any permit approval applied for or obtained under the master application procedures contained in this section.
* NB Authority of office terminated per § 893 December 31, 1995
* § 882. Pre-application conferences. The office, at the request of any person proceeding in accordance with section eight hundred eighty-one of this article, may conduct a pre-application conference, pending the submission of application forms, in which the interested state agencies shall participate in order to clarify the nature and scope of their interest and provide guidance to the person in relation to permit application review processes and in order to coordinate agency actions and data compilation or submission regarding permit requirements. Other state agencies having responsibilities for business promotion and regulation may participate in any such conference at the discretion of the director.
* NB Authority of office terminated per § 893 December 31, 1995
* § 883. Conceptual review. 1. The office at the request of the director may, at the request of any person proceeding in accordance with section eight hundred eighty-one of this article, provide a conceptual review of a proposed business undertaking, project, or activity which may require multiple permits, which will take place in phases over an extended period of time, or which will involve substantial expense for preparing detailed plans, specifications, and permit applications. Each interested state agency shall participate in the conceptual review; and the person shall provide such information in addition to that provided in the master application as the state agencies shall reasonably request.
2. After consideration of the master application and any additional information, each interested state agency shall render to the person a written conceptual review determination, which will provide an official opinion as to the general acceptability of the proposed business undertaking, project, or activity and which will state all permits which such agency would require, the standards and conditions which would have to be met in order to obtain approval of such permits, and any properly related circumstances or findings.
3. Each interested state agency participating in the conceptual review shall render the written conceptual review determination within a period not exceeding sixty days from the date fixed by the director, provided, however, that such period may be extended by the director at the request of an interested state agency for the further consideration of the master application and any additional information provided in accordance with subdivision one of this section. The director shall advise the person having requested the conceptual review of such extension, the reasons therefor, and the revised period fixed by the director for rendering the conceptual review determination; and such person shall be entitled to confer with the office and with any state agency having been granted an extension of time to ascertain what further information, if any, is required to facilitate the conceptual review determination.
4. A conceptual review determination shall not relieve the person from the responsibility of obtaining any required permits and shall be contingent upon the submission of such detailed plans, specifications and information as may be required for permit applications. A conceptual review determination shall remain in effect indefinitely for the proposed business undertaking, project, or activity as described in the master application and any additional information submitted as part of the conceptual review, provided, however, that if new permit requirements or related standards, over which a state agency has no control or discretion in establishing the effective date thereof, subsequently become effective, such new permit requirements or standards shall not be considered to have been part of the conceptual review determination.
5. The office shall provide in its rules for the procedures to be followed in the conduct of a conceptual review and shall coordinate the delivery of conceptual review determinations to the person, provided, however, that any state agency authorized to conduct a conceptual review under other provisions of law may, in consultation with the person and the director, elect to follow such provisions with respect to rendering the conceptual review determination authorized by this section.
* NB Authority of office terminated per § 893 December 31, 1995
* § 884. Permit coordination and assistance to applicants. 1. Any applicant for permits required for a business undertaking, project or activity may confer with the office to obtain assistance in the prompt and efficient processing and review of applications.
2. The office shall, so far as possible, render such assistance; and the director may designate an officer or employee of the office to act as an expediter with the purpose of:
(a) facilitating contacts for the applicant with state agencies responsible for processing and reviewing permit applications;
(b) arranging conferences to clarify the interest and requirements of any such state agency with respect to permit applications;
(c) considering with state agencies the feasibility of consolidating hearings and data required of the applicant;
(d) assisting the applicant in the resolution of outstanding issues identified by state agencies, including delays experienced in permit review; and
(e) coordinating federal, state, and local permit review actions to the extent practicable.
* NB Authority of office terminated per § 893 December 31, 1995
* § 885. Consolidated hearings. 1. Any applicant for permits required for a business undertaking, project, or activity, or any state agency having jurisdiction of the required permits, may request the office to coordinate any public hearings. The office may consolidate such hearings insofar as may be feasible.
2. A consolidated hearing shall be conducted in a manner consistent with the state administrative procedure act. The director or his designee shall be the presiding officer and shall establish an agenda for, and regulate, the course of the hearing. A representative of each state agency within whose jurisdiction a specific application lies shall conduct that portion of the hearing pertaining to the submission of information and data relating to such application. The hearing may be continued by the presiding officer when appropriate and shall be recorded in a suitable manner.
3. The office, with the consent of the state agencies having permit jurisdiction, may provide for a pre-hearing conference to assist in the disposition of the type, time, place, and parties of the consolidated hearing, the simplification of the issues, the stipulations as to agreed facts and necessary documents, and any other relevant matters.
* NB Authority of office terminated per § 893 December 31, 1995
* § 886. Permit authority retained. Each state agency having jurisdiction to approve or deny a permit shall have the continuing power heretofore or hereafter vested in it to make such determinations. The provisions of this article shall not lessen or reduce such powers and shall modify the procedures followed in carrying out such powers only to the extent provided herein.
* NB Authority of office terminated per § 893 December 31, 1995
* § 887. Implementation of services. 1. Not later than six months from the effective date of this article, the office shall establish the permit information, coordination, and assistance services provided for in section eight hundred eighty through section eight hundred eighty-five of this article, except as otherwise provided in subdivision three of this section.
2. Services so rendered by the office shall be made available without charge, provided that nothing contained herein shall relieve an applicant of any part of the fees or charges established for the review and approval of permit applications or relieve an applicant of any of the apportioned costs of a consolidated hearing conducted under section eight hundred eighty-five of this article.
3. Under its rules the office shall provide for the implementation of the master application procedure contained in section eight hundred eighty-one of this article and shall specify the permits to which the master application procedure is applicable. Prior to the adoption of any rule relating to the inclusion, exclusion, or addition of permits to which the master application procedure is applicable, the office shall give notice of such rule and hold a public hearing thereon.
4. Each state agency having jurisdiction of any permit to which the master application procedure is applicable shall designate an officer or employee to act as permit liaison officer to cooperate with the office in carrying out the provisions of this article.
* NB Authority of office terminated per § 893 December 31, 1995
* § 888. Federal and local government participation. 1. Federal and local government permit agencies shall be encouraged to participate in the business permit information, coordination, and assistance services of the office and to make information available to applicants through the office with respect to any business undertaking, project, or activity which is referred to the office under the provisions of this article.
2. The office shall, so far as is practicable, advise applicants of federal and local agency permit requirements and shall maintain an information file on permits for which the state has delegated issuance authority to local government agencies.
3. The director shall consult with local government officials with respect to cooperation in coordinating state and local permit application and review procedures and shall recommend to the governor and the legislature any actions which would facilitate such coordination.
* NB Authority of office terminated per § 893 December 31, 1995
* § 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
* § 889-a. Business permit assistance in empire zones. (a) Upon the designation of an empire zone pursuant to article eighteen-B of the general municipal law, the office, by and through the director or his duly authorized officers and employees, shall establish a business permit assistance program to provide in such empire zone the business permit assistance services authorized in this article. Such program shall enable an applicant for a permit for a business undertaking, project or activity in an empire zone to confer with the office to obtain on-site assistance in the empire zone in the prompt and efficient processing and review of applications for such permits.
(b) In providing such on-site permit assistance, the director may designate one or more officers or employees of the office to act as permit assistance managers to fulfill, with respect to empire zones, the purposes set forth in subdivision two of section eight hundred eighty-four of this article.
(c) The director may request and shall receive the assistance of any state agency having jurisdiction over any business permits to be issued in an empire zone in designating an officer or employee of such agency to coordinate agency efforts in cooperation with the office in providing a business permit assistance program for such empire zone.
(d) Any state agency having jurisdiction of any business permits to be issued in an empire zone shall, to the maximum extent feasible, establish procedures to expedite applications for business permits in an empire zone.
(e) To the extent provided for in any agreement between the office and a county, city, town or village, as authorized by article eighteen-B of the general municipal law, the office may provide a business permit assistance program to applicants for permits required by such county, city, town or village for a business undertaking, project or activity in an empire zone.
* NB Authority of office terminated per § 893 December 31, 1995
* § 890. Temporary assignment or permanent transfer of personnel. The director, in consultation with the head of the agency concerned and with the approval of the director of the budget, may provide for the temporary assignment or transfer of officers and employees of state agencies to the office on a permanent or temporary basis in a manner consistent with and authorized by the civil service law as the director of the office may deem necessary to the performance of the functions and duties of the office. Employees permanently transferred shall be transferred without further examination or qualification and shall retain their respective civil service classification and status. Any such employee who, at the time of such transfer, has a temporary or provisional appointment shall be transferred subject to the same right of removal, examination or termination as though such transfer had not been made. No existing right or benefit, including retirement benefits or remedy of any character, shall be lost, impaired or affected by reason of this article. Transfer of employees pursuant to this article shall be governed solely and exclusively by the provisions hereof notwithstanding other provisions of the law.
* NB Authority of office terminated per § 893 December 31, 1995
* § 891. Advisory council. 1. There shall be an advisory council in the office consisting of the secretary to the governor ex officio and six appointive members. The appointive members shall include one member each appointed by the governor on the recommendation of the temporary president of the senate and the speaker of the assembly and four other members representative of business-related interests in the state appointed by the governor. The governor shall designate one of the appointive members as chairman and one as vice-chairman of the advisory council. The director shall not serve as a member of the advisory council but shall serve as secretary to the council.
2. The appointive members shall serve for terms of three years each. Vacancies shall be filled in the manner of original appointment for the unexpired terms. Members of the advisory council shall receive no compensation for their services but shall be reimbursed for all expenses actually and necessarily incurred by them in performance of their duties. The advisory council shall meet not less than quarterly in each year. Special meetings may be held at the call of the chairman.
3. The advisory council shall have the power to consider any matter relating to the services of the office and advise the director on office policies, goals, and operation. The council may also:
(a) assist in establishing policy guidelines for the conduct of the office;
(b) review and comment on proposed rules and regulations of the office prior to their adoption; and
(c) submit recommendations to the governor and the legislature at any time for the improvement, modification, or extension of the service of the office and for actions designed to eliminate, consolidate, simplify, or expedite permit procedures of state agencies.
* NB Authority of office terminated per § 893 December 31, 1995
* § 892. Reports to the governor and the legislature. The office shall thereafter make an annual report to the governor and the legislature not later than December thirty-first of each year.
* NB Authority of office terminated per § 893 December 31, 1995
* § 893. Termination of authority. Unless expressly extended by act of the legislature, the authority of the office to provide services under this article shall terminate on December thirty-first, nineteen hundred ninety-five, provided, however, that any master application still pending with the office on or before such date shall be processed to conclusion in accordance with the provisions of this article.
* NB Authority of office terminated per § 893 December 31, 1995
