Bill Text: NY S05912 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to agencies adopting emergency rules.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2018-05-09 - referred to governmental operations [S05912 Detail]

Download: New_York-2017-S05912-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5912--C
            Cal. No. 101
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 5, 2017
                                       ___________
        Introduced  by  Sens.  JACOBS, AKSHAR, DeFRANCISCO, MARCHIONE, SERINO --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee on Commerce, Economic Development and Small Business --
          committee discharged and said bill committed to the Committee on Rules
          -- ordered to a third reading, amended and ordered reprinted,  retain-
          ing  its  place  in  the  order  of third reading -- again amended and
          ordered reprinted, retaining its place in the order of  third  reading
          --  recommitted to the Committee on Commerce, Economic Development and
          Small Business in accordance with Senate Rule 6, sec.  8  --  reported
          favorably  from  said  committee,  ordered to first and second report,
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place in the order of third reading
        AN  ACT  to amend the state administrative procedure act, in relation to
          agencies adopting emergency rules
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
     2  the state administrative procedure act, paragraph (a) as added by  chap-
     3  ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
     4  of the laws of 1988, are amended to read as follows:
     5    (a) Notwithstanding any other provision of law, if an agency finds for
     6  a good cause that the immediate adoption of a rule is necessary for  the
     7  preservation  of  the public health, safety or general welfare [and that
     8  compliance with the requirements of  subdivision  one  of  this  section
     9  would  be  contrary to the public interest, the agency may dispense with
    10  all or part of such requirements and adopt  the  rule  on  an  emergency
    11  basis],  and one or more of the following conditions are met, the agency
    12  may dispense with all or part of the requirements of subdivision one  of
    13  this section and adopt the rule on an emergency basis:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11460-05-8
        S. 5912--C                          2
     1    (i)  the usual rule making procedures are impractical because there is
     2  an emergency that poses an imminent and actual threat to  public  health
     3  or safety or the environment; or
     4    (ii)  the  delay  involved in adopting the rule through the usual rule
     5  making procedure would cause the agency to be out of compliance  with  a
     6  judicial decision, federal or state law; or
     7    (iii)  the  delay  in  adopting the rule through the usual rule making
     8  procedure would result in a loss of federal funds; or
     9    (iv) the delay involved in adopting the rule through  the  usual  rule
    10  making  procedure provided in subdivision one of this section would lead
    11  to irreparable injury.
    12    (a-1) Within thirty days of the adoption of the  emergency  rule,  the
    13  agency shall separately submit a notice of proposed rule making for such
    14  rule  to the secretary of state to commence the usual rule making proce-
    15  dures set forth in subdivision one of this section.
    16    (b) Unless otherwise provided by law, such emergency  rule  shall  not
    17  remain  in effect for longer than ninety days after being filed with the
    18  secretary of state unless within such time the agency complies with  the
    19  requirements  of  subdivision  one  of  this section and adopts the rule
    20  pursuant  to  the  provisions  of  subdivision  five  of  this  section,
    21  provided,  however,  if  such  emergency  rule is readopted prior to the
    22  expiration of such ninety day period such readoption and any  subsequent
    23  readoptions  shall remain in effect for no longer than sixty days.  Upon
    24  any readoption, the agency shall  publish  and  make  available  to  the
    25  public  an  assessment of public comments received on the emergency rule
    26  or the separate notice of proposed rulemaking for such rule.  The  emer-
    27  gency rule may remain in effect, at the latest, for as long as the sepa-
    28  rate  notice of proposed rulemaking remains in effect pursuant to subdi-
    29  vision two of  this  section.  When  the  separate  notice  of  proposed
    30  rulemaking  expires  pursuant  to  subdivision  two of this section, the
    31  emergency rule shall also expire and be ineffective for the purposes  of
    32  this section.
    33    § 2. This act shall take effect immediately.