Bill Text: NY A10242 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to requiring certain agencies to submit regulatory agendas for publication in the state register.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2016-11-04 - signed chap.418 [A10242 Detail]
Download: New_York-2015-A10242-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10242 IN ASSEMBLY May 17, 2016 ___________ Introduced by M. of A. ZEBROWSKI, PEOPLES-STOKES -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state administrative procedure act, in relation to regulatory agendas; 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. Subdivision 1 of section 202-d of the state administrative 2 procedure act, as amended by chapter 193 of the laws of 2008, paragraphs 3 (a), (b), and (c) as amended by chapter 462 of the laws of 2012, and 4 paragraph (d) as amended by section 6 of part O of chapter 60 of the 5 laws of 2011, is amended to read as follows: 6 1. (a) The departments of health, education, environmental conserva- 7 tion, financial services, labor, agriculture and markets, motor vehicles 8 and state, the offices of children and family services and temporary and 9 disability assistance, the division of housing and community renewal, 10 the state gaming commission, the office of mental health, the office for 11 people with developmental disabilities and the workers' compensation 12 board, and any other department or agency specified by the governor or 13 his or her designee shall, and any other agency may, in its discretion, 14 submit to the secretary of state, for publication in [the first] any 15 regular issue of the state register published during the month of Janu- 16 ary [and the last regular issue of the state register published in17June], a regulatory agenda to solicit comments concerning any rule which 18 the agency is considering to propose, but for which no notice of 19 proposed rule making has been submitted pursuant to subdivision one of 20 section two hundred two of this article. 21 (b) A regulatory agenda shall be comprised of a list and brief 22 description of subject matter being considered for rule making and the 23 name, public office, address, e-mail address and telephone number of the 24 agency representative, knowledgeable on such regulatory agenda, from EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15418-01-6A. 10242 2 1 whom any information may be obtained, including any draft version of a 2 potential rule that an agency is making publicly available, and to whom 3 written comments may be submitted concerning such regulatory agenda. 4 (c) Agencies shall publish the regulatory agendas and information 5 related to such agendas on their respective websites. An agency may 6 [maintain a continuously updated regulatory agenda, wherein] update the 7 regulatory agenda on its website by adding a description of a rule [is8added when the agency begins] which the agency has begun to consider 9 proposing [it and is removed when the agency proposes such rule or is no10longer considering to propose such a rule] after publication of its 11 regulatory agenda in the state register. Such description shall identi- 12 fy the date on which the description is first listed in the regulatory 13 agenda and shall conspicuously indicate that the description has been 14 newly listed for a period of not less than thirty days after such date. 15 [In any year that an agency maintains a continuously updated regulatory16agenda, it shall not be required to publish a regulatory agenda in the17last regular issue of the state register in June. The agency shall18inform the public that it maintains an updated regulatory agenda on its19website and shall list the address of its website in a notice published20with the regulatory agenda such agency submits for publication in Janu-21ary. The secretary of state shall republish this notice in the last22regular issue in June.] Updating a regulatory agenda on its website 23 shall not require an agency to submit any additional information for 24 publication in the state register related to such update. 25 (d) An agency shall identify each rule described in its regulatory 26 agenda for which a regulatory flexibility analysis or a rural area flex- 27 ibility analysis may be required, and shall provide outreach as appro- 28 priate to potentially affected small businesses, local governments and 29 public and private interests in rural areas. Such outreach may include 30 solicitation of input from potentially affected parties through elec- 31 tronic means or through any of the activities listed in subdivision six 32 of section two hundred two-b and subdivision seven of section two 33 hundred two-bb of this article. 34 § 2. Section 2 of chapter 402 of the laws of 1994, amending the state 35 administrative procedure act relating to requiring certain agencies to 36 submit regulatory agendas for publication in the state register, as 37 amended by chapter 462 of the laws of 2012, is amended to read as 38 follows: 39 § 2. This act shall take effect on the first day of November next 40 succeeding the date on which it shall have become a law and shall expire 41 and be deemed repealed on December 31, [2016] 2020, and upon such date 42 the provisions of subdivisions 1 and 2 of section 202-d of the state 43 administrative procedure act as amended by section one of this act shall 44 revert to and be read as set out in law on the date immediately preced- 45 ing such effective date. 46 § 3. This act shall take effect immediately and shall apply to all 47 regulatory agendas published on or after such date; provided, however, 48 that the amendments to subdivision 1 of section 202-d of the state 49 administrative procedure act made by section one of this act shall not 50 affect the expiration of such subdivision and shall be deemed to expire 51 therewith.