Bill Text: NY S06447 | 2011-2012 | General Assembly | Amended

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 4-0)

Status: (Introduced - Dead) 2012-06-19 - SUBSTITUTED BY A9274B [S06447 Detail]

Download: New_York-2011-S06447-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6447--A
           Cal. No. 771
                                   I N  S E N A T E
                                   February 9, 2012
                                      ___________
       Introduced  by  Sens. CARLUCCI, KLEIN, SAVINO, VALESKY -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Commerce,  Economic Development and Small Business -- reported favora-
         bly 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
         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. Subdivision 1 of section 202-d of the state  administrative
    2  procedure  act, as amended by chapter 193 of the laws of 2008, paragraph
    3  (d) as amended by section 6 of part O of chapter 60 of the laws of 2011,
    4  is amended to read as follows:
    5    1. (a) The departments of  health,  education,  [insurance]  FINANCIAL
    6  SERVICES,  environmental conservation, labor, [banking,] agriculture and
    7  markets, motor vehicles and state, the offices of  children  and  family
    8  services  and temporary and disability assistance, [and] the division of
    9  housing and community renewal, and the workers' compensation  board  and
   10  any  other  department  specified by the governor or his OR HER designee
   11  shall, and any other agency may, in its discretion, submit to the secre-
   12  tary of state, for publication in the first regular issue of  the  state
   13  register  published  during  the  month  of January and the last regular
   14  issue of the state register published in June, a  regulatory  agenda  to
   15  [afford  the  agency  an opportunity to] solicit comments FROM REGULATED
   16  PERSONS AND THE GENERAL PUBLIC concerning any rule which the  agency  is
   17  considering  [proposing] TO PROPOSE, but for which no notice of proposed
   18  rule making has been submitted pursuant to subdivision  one  of  section
   19  two hundred two of this article.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14077-04-2
       S. 6447--A                          2
    1    (b)  A regulatory agenda shall be comprised of: (I) a [list and] brief
    2  description of THE subject matter THAT IS being considered  for  A  rule
    3  making;  (II)  THE TIME FRAMES OR APPROXIMATE DATES FOR PUBLIC HEARINGS,
    4  MEETINGS OR OTHER OPPORTUNITIES FOR PUBLIC PARTICIPATION IN THE DEVELOP-
    5  MENT  OF  SUCH  RULE;  (III) A PROBABLE DATE OR TIME FRAME IN WHICH SUCH
    6  RULE MAY BE FILED AS A PROPOSED RULE; and (IV) the name, public  office,
    7  address  [and], telephone number AND E-MAIL ADDRESS of the agency repre-
    8  sentative, knowledgeable on such regulatory agenda, from whom any infor-
    9  mation may be obtained and to whom written  comments  may  be  submitted
   10  concerning  such  regulatory agenda. [An e-mail address for requests for
   11  information and submission of comments may also be included.]
   12    (c) Agencies shall publish  the  regulatory  agendas  AND  INFORMATION
   13  RELATED  TO  SUCH  AGENDAS on their respective websites [whenever feasi-
   14  ble]. An agency that publishes its  regulatory  agenda  on  its  website
   15  [shall  have  the  option of maintaining a] MAY continuously MAINTAIN AN
   16  updated regulatory agenda ON SUCH WEBSITE, wherein a  description  of  a
   17  rule  is  added when the agency begins to consider proposing [it] SUCH A
   18  RULE and is removed when the agency is no longer considering  [proposing
   19  it]  TO PROPOSE SUCH A RULE. Such description shall identify the date on
   20  which the description is first listed in the regulatory agenda and shall
   21  conspicuously indicate that the description has been newly listed for  a
   22  period of not less than thirty days after such date. In any year that an
   23  agency  maintains a continuously updated regulatory agenda, it shall not
   24  be required to publish a regulatory agenda in the last regular issue  of
   25  the  state  register in June. The agency shall inform the public that it
   26  maintains an updated regulatory agenda on its website and shall list the
   27  address of its website in a notice published with the regulatory  agenda
   28  such  agency  submits for publication in January. The secretary of state
   29  shall republish this notice in the last regular issue in June.
   30    (d) An agency [shall identify each rule described]  in  PREPARING  its
   31  regulatory  agenda  [for  which  a  regulatory flexibility analysis or a
   32  rural area flexibility analysis may  be  required,  and]  shall  provide
   33  outreach  INFORMATION  as  IS appropriate to INFORM potentially affected
   34  small businesses, local governments [and], public and private  interests
   35  AND ALL OTHER REGULATED PERSONS, INCLUDING THOSE LOCATED in rural areas.
   36  Such outreach EFFORTS may include solicitation of input from potentially
   37  affected  parties  through electronic means or through any of the activ-
   38  ities listed in subdivision six of section two hundred two-b and  subdi-
   39  vision seven of section two hundred two-bb of this article.
   40    S  2.  Subdivision 1 of section 207 of the state administrative proce-
   41  dure act, as added by chapter 262 of the laws of  1996,  is  amended  to
   42  read as follows:
   43    1. Unless the contrary is specifically provided by another law[,]: (A)
   44  any rule which is adopted on or after the effective date of this section
   45  shall be reviewed [after five years] NO LATER THAN IN THE FIFTH CALENDAR
   46  YEAR  SPECIFIED IN THE NOTICE OF ADOPTION FOR THE RULE, and, thereafter,
   47  EVERY RULE SHALL BE RE-REVIEWED at five-year intervals.
   48    (B) PROVIDED, HOWEVER, (I) FOR ANY RULE FOR WHICH A RURAL AREA  FLEXI-
   49  BILITY  ANALYSIS OR JOB IMPACT STATEMENT IS PREPARED, THE INITIAL REVIEW
   50  SHALL OCCUR NO LATER THAN THE  THIRD  CALENDAR  YEAR  SPECIFIED  IN  THE
   51  NOTICE OF ADOPTION FOR SUCH RULE OR BEFORE THE FIFTH CALENDAR YEAR; (II)
   52  NOT  WITHSTANDING  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH, AN AGENCY MAY
   53  PROPOSE A DIFFERENT REVIEW PERIOD OF NOT MORE THAN FIVE  YEARS  IN  SUCH
   54  ANALYSIS  OR  STATEMENT,  ALONG WITH ITS JUSTIFICATION FOR DOING SO, AND
   55  SHALL INVITE PUBLIC COMMENT THEREON.
       S. 6447--A                          3
    1    (C) THE REVIEW PERIOD SPECIFIED  FOR  THE  RULE  SHALL  ACCOMPANY  THE
    2  NOTICE OF ADOPTION.
    3    S  3.  Subdivision 2 of section 207 of the state administrative proce-
    4  dure act, as amended by chapter 327 of the laws of 2003, is  amended  to
    5  read as follows:
    6    2.  An  agency  shall  submit for publication in the regulatory agenda
    7  published in January pursuant to section two hundred two-d of this arti-
    8  cle a list of the rules which must be reviewed pursuant  to  subdivision
    9  one  of  this  section  in the ensuing calendar year. In addition to the
   10  information required by such section two hundred two-d, for each rule so
   11  listed the agency shall provide an analysis of the need  for  and  legal
   12  basis  of  such rule, shall invite public comment on the continuation or
   13  modification of the rule and shall indicate the last date for submission
   14  of comments which shall be not less than forty-five days from  the  date
   15  of  publication.  AN  AGENCY THAT PUBLISHES ITS REGULATORY AGENDA ON ITS
   16  WEBSITE PURSUANT TO PARAGRAPH (C) OF  SUBDIVISION  ONE  OF  SECTION  TWO
   17  HUNDRED  TWO-D OF THIS ARTICLE SHALL ALSO PUBLISH THE LIST OF RULES THAT
   18  MUST BE REVIEWED PURSUANT TO THIS SECTION ON ITS WEBSITE.
   19    S 4. Section 207 of the state administrative procedure act is  amended
   20  by adding a new subdivision 6 to read as follows:
   21    6.  THE  SECRETARY  OF  STATE SHALL PUBLISH IN THE STATE REGISTER ON A
   22  WEEKLY BASIS A LIST OF DELINQUENT AGENCIES THAT  HAVE  NOT  SUBMITTED  A
   23  LIST  OF  RULES  WHICH  MUST BE REVIEWED AS REQUIRED BY THIS SECTION. AN
   24  AGENCY SHALL CONTINUE TO BE PUBLISHED ON THE DELINQUENT  LIST  UNTIL  IT
   25  HAS PUBLISHED THE NOTICE REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
   26    S  5. Section 2 of chapter 402 of the laws of 1994, amending the state
   27  administrative procedure act relating to requiring certain  agencies  to
   28  submit  regulatory  agendas  for  publication  in the state register, as
   29  amended by chapter 193 of the laws  of  2008,  is  amended  to  read  as
   30  follows:
   31    S  2.  This  act  shall  take effect on the first day of November next
   32  succeeding the date on which it shall have become a law and shall expire
   33  and be deemed repealed on December 31, [2012] 2016, and upon  such  date
   34  the  provisions  of  subdivisions  1 and 2 of section 202-d of the state
   35  administrative procedure act as amended by section one of this act shall
   36  revert to and be read as set out in law on the date immediately  preced-
   37  ing such effective date.
   38    S  6. This act shall take effect on the first of January next succeed-
   39  ing the date on which it shall have become  a  law;  provided,  however,
   40  that  section four of this act shall take effect on the first of Septem-
   41  ber next succeeding the date on  which  it  shall  have  become  a  law;
   42  provided, further, that the amendments to subdivision 1 of section 202-d
   43  of  the  state  administrative procedure act made by section one of this
   44  act shall not affect the expiration of such  subdivision  and  shall  be
   45  deemed to expire therewith.