Bill Text: NY A09274 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for more effective review of existing rules; requires more frequent review of certain rules and publication of agencies which fail to review rules; extends certain provisions relating to the state register.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-10-03 - signed chap.462 [A09274 Detail]

Download: New_York-2011-A09274-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9274
                                 I N  A S S E M B L Y
                                   February 13, 2012
                                      ___________
       Introduced by M. of A. LAVINE -- read once and referred to the Committee
         on Governmental Operations
       AN  ACT  to amend the state administrative procedure act, in relation to
         continuing improvements to agency  regulatory  agendas  and  providing
         more  effective  review of existing rules; and to amend chapter 402 of
         the laws of 1994, amending  the  state  administrative  procedure  act
         relating  to  requiring  certain agencies to submit regulatory agendas
         for publication in the state register, in relation  to  extending  the
         expiration of certain provisions of such chapter
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 1  of  section  202-d  of  the
    2  state  administrative  procedure  act,  as amended by chapter 193 of the
    3  laws of 2008, is amended to read as follows:
    4    (a) The departments of health, education,  [insurance,]  environmental
    5  conservation,  FINANCIAL  SERVICES,  labor,  [banking,]  agriculture and
    6  markets, motor vehicles and state, the offices of  children  and  family
    7  services  and  temporary  and disability assistance, and the division of
    8  housing and community renewal and the workers'  compensation  board  and
    9  any  other  department  specified by the governor or his designee shall,
   10  and any other agency may, in its discretion, submit to the secretary  of
   11  state,  for publication in the first regular issue of the state register
   12  published during the month of January and the last regular issue of  the
   13  state  register  published  in  June,  a regulatory agenda to afford the
   14  agency an opportunity to solicit comments concerning any rule which  the
   15  agency  is  considering  proposing,  but for which no notice of proposed
   16  rule making has been submitted pursuant to subdivision  one  of  section
   17  two hundred two of this article.
   18    S  2.  Subdivision 1 of section 207 of the state administrative proce-
   19  dure act, as added by chapter 262 of the laws of  1996,  is  amended  to
   20  read as follows:
   21    1.  Unless  the  contrary is specifically provided by another law, any
   22  rule which is adopted on or after the effective  date  of  this  section
   23  shall  be  reviewed  IN  THE  CALENDAR  YEAR  SPECIFIED IN THE NOTICE OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14123-02-2
       A. 9274                             2
    1  ADOPTION FOR THE RULE, PROVIDED THAT AT A MINIMUM EVERY  RULE  SHALL  BE
    2  INITIALLY  REVIEWED  after five years, and, thereafter, EVERY RULE SHALL
    3  BE RE-REVIEWED at five-year intervals. FOR ANY RULE FOR WHICH A  REGULA-
    4  TORY FLEXIBILITY ANALYSIS, RURAL AREA FLEXIBILITY ANALYSIS OR JOB IMPACT
    5  STATEMENT  IS  PREPARED, THE INITIAL REVIEW SHALL OCCUR AFTER TWO YEARS;
    6  PROVIDED, HOWEVER, THAT THE AGENCY MAY PROPOSE A DIFFERENT REVIEW PERIOD
    7  IN SUCH ANALYSIS OR STATEMENT, ALONG WITH ITS  JUSTIFICATION  FOR  DOING
    8  SO, AND SHALL INVITE PUBLIC COMMENT THEREON. THE REVIEW PERIOD SPECIFIED
    9  FOR  THE  RULE  AND  AN  ASSESSMENT  OF ANY COMMENTS ON THIS ISSUE SHALL
   10  ACCOMPANY THE NOTICE OF ADOPTION.
   11    S 3. Subdivision 2 of section 207 of the state  administrative  proce-
   12  dure  act,  as amended by chapter 327 of the laws of 2003, is amended to
   13  read as follows:
   14    2. An agency shall submit for publication  in  the  regulatory  agenda
   15  published in January pursuant to section two hundred two-d of this arti-
   16  cle  a  list of the rules which must be reviewed pursuant to subdivision
   17  one of this section in the ensuing calendar year.  In  addition  to  the
   18  information required by such section two hundred two-d, for each rule so
   19  listed  the  agency  shall provide an analysis of the need for and legal
   20  basis of such rule, shall invite public comment on the  continuation  or
   21  modification of the rule and shall indicate the last date for submission
   22  of  comments  which shall be not less than forty-five days from the date
   23  of publication. AN AGENCY THAT PUBLISHES ITS REGULATORY  AGENDA  ON  ITS
   24  WEBSITE  SHALL  ALSO  PUBLISH  THE  LIST  OF RULES THAT MUST BE REVIEWED
   25  PURSUANT TO THIS SECTION ON ITS  WEBSITE.  IF  THE  ORIGINAL  NOTICE  OF
   26  PROPOSED  RULE  MAKING  FOR  A LISTED RULE REQUIRED THE PREPARATION OF A
   27  REGULATORY FLEXIBILITY ANALYSIS AND/OR A RURAL AREA  FLEXIBILITY  ANALY-
   28  SIS,  THE  AGENCY SHALL SO INDICATE AND SHALL PROVIDE OUTREACH AS APPRO-
   29  PRIATE TO POTENTIALLY AFFECTED SMALL BUSINESSES, LOCAL  GOVERNMENTS  AND
   30  PUBLIC  AND  PRIVATE  INTERESTS  IN  RURAL  AREAS THAT THE RULE IS BEING
   31  REVIEWED. SUCH OUTREACH MAY INCLUDE SOLICITATION OF INPUT THROUGH  ELEC-
   32  TRONIC  MEANS OR THROUGH ANY OF THE ACTIVITIES LISTED IN SUBDIVISION SIX
   33  OF SECTION TWO HUNDRED  TWO-B  AND  SUBDIVISION  SEVEN  OF  SECTION  TWO
   34  HUNDRED TWO-BB OF THIS ARTICLE.
   35    S  4. Section 207 of the state administrative procedure act is amended
   36  by adding a new subdivision 6 to read as follows:
   37    6. BEGINNING WITH THE FIRST ISSUE  IN  SEPTEMBER  OF  EACH  YEAR,  THE
   38  SECRETARY OF STATE SHALL PUBLISH IN THE STATE REGISTER ON A WEEKLY BASIS
   39  A DELINQUENT LIST COMPRISED OF AGENCIES THAT HAVE NOT COMMENCED A REVIEW
   40  AS  REQUIRED  BY  THIS SECTION. AN AGENCY SHALL CONTINUE TO BE LISTED ON
   41  THE DELINQUENT LIST UNTIL IT HAS PUBLISHED THE NOTICE REQUIRED BY SUBDI-
   42  VISION TWO OF THIS SECTION.
   43    S 5. Section 2 of chapter 402 of the laws of 1994, amending the  state
   44  administrative  procedure  act relating to requiring certain agencies to
   45  submit regulatory agendas for publication  in  the  state  register,  as
   46  amended  by  chapter  193  of  the  laws  of 2008, is amended to read as
   47  follows:
   48    S 2. This act shall take effect on the  first  day  of  November  next
   49  succeeding the date on which it shall have become a law and shall expire
   50  and  be  deemed repealed on December 31, [2012] 2016, and upon such date
   51  the provisions of subdivisions 1 and 2 of section  202-d  of  the  state
   52  administrative procedure act as amended by section one of this act shall
   53  revert  to and be read as set out in law on the date immediately preced-
   54  ing such effective date.
   55    S 6. This act shall take effect on  the  first  day  of  January  next
   56  succeeding the date on which it shall have become  law, provided, howev-
       A. 9274                             3
    1  er,  that  the amendments to subdivision 1 of section 202-d of the state
    2  administrative procedure act made by section one of this act  shall  not
    3  affect  the expiration of such subdivision and shall be deemed to expire
    4  therewith.