S T A T E O F N E W Y O R K
________________________________________________________________________
1709
2011-2012 Regular Sessions
I N S E N A T E
January 11, 2011
___________
Introduced by Sen. SAMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the state administrative procedure act, in relation to
improving the review of existing rules and agency outreach efforts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2 of section 207 of the state administrative
2 procedure act, as amended by chapter 327 of the laws of 2003, is amended
3 and a new subdivision 6 is added to read as follows:
4 2. An agency shall submit for publication in the regulatory agenda
5 published in January pursuant to section two hundred two-d of this arti-
6 cle a list of the rules which must be reviewed pursuant to subdivision
7 one of this section in the ensuing calendar year. In addition to the
8 information required by such section two hundred two-d, for each rule so
9 listed the agency shall provide an analysis of the need for and legal
10 basis of such rule, shall invite public comment on the continuation or
11 modification of the rule and shall indicate the last date for submission
12 of comments which shall be not less than forty-five days from the date
13 of publication. AN AGENCY THAT PUBLISHES ITS REGULATORY AGENDA ON ITS
14 WEBSITE SHALL ALSO PUBLISH THE LIST OF RULES THAT MUST BE REVIEWED
15 PURSUANT TO THIS SECTION ON ITS WEBSITE. ANY OTHER AGENCY MAY PUBLISH
16 SUCH LIST ON ITS WEBSITE. IF THE ORIGINAL NOTICE OF PROPOSED RULE MAKING
17 FOR A LISTED RULE REQUIRED THE PREPARATION OF A REGULATORY FLEXIBILITY
18 ANALYSIS AND/OR A RURAL AREA FLEXIBILITY ANALYSIS, THE AGENCY SHALL SO
19 INDICATE AND SHALL PROVIDE OUTREACH AS APPROPRIATE TO POTENTIALLY
20 AFFECTED SMALL BUSINESSES, LOCAL GOVERNMENTS AND PUBLIC AND PRIVATE
21 INTERESTS IN RURAL AREAS THAT THE RULE IS BEING REVIEWED. SUCH OUTREACH
22 MAY INCLUDE SOLICITATION OF INPUT THROUGH ELECTRONIC MEANS OR THROUGH
23 ANY OF THE ACTIVITIES LISTED IN SUBDIVISION SIX OF SECTION TWO HUNDRED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05982-01-1
S. 1709 2
1 TWO-B AND SUBDIVISION SEVEN OF SECTION TWO HUNDRED TWO-BB OF THIS ARTI-
2 CLE.
3 6. THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL MONITOR AGENCY
4 COMPLIANCE WITH THE PROVISIONS OF THIS SECTION AND SHALL MAKE RECOMMEN-
5 DATIONS TO AGENCIES FOR IMPROVED COMPLIANCE AND FOR PROVIDING MORE
6 EFFECTIVE OUTREACH TO SMALL BUSINESSES, LOCAL GOVERNMENTS, AND PUBLIC
7 AND PRIVATE INTERESTS IN RURAL AREAS.
8 S 2. Subdivision 1 of section 202-d of the state administrative proce-
9 dure act is amended by adding a new paragraph (e) to read as follows:
10 (E) THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL MONITOR AGENCY
11 COMPLIANCE WITH THIS SECTION AND SHALL MAKE RECOMMENDATIONS TO AGENCIES
12 FOR IMPROVED COMPLIANCE AND FOR PROVIDING MORE EFFECTIVE OUTREACH TO
13 SMALL BUSINESSES, LOCAL GOVERNMENTS AND PUBLIC AND PRIVATE INTERESTS IN
14 RURAL AREAS.
15 S 3. This act shall take effect on the first of December next succeed-
16 ing the date on which it shall have become a law; provided that the
17 amendments to subdivision 1 of section 202-d of the state administrative
18 procedure act, made by section two of this act, shall not affect the
19 expiration of such subdivision pursuant to chapter 402 of the laws of
20 1994, as amended, and shall expire therewith.