Authorizes the use of innovative techniques to enhance public participation in the rule making process; provides that use of such techniques shall in no way otherwise diminish public participation in the rule making process; establishes a three year pilot project for seven major regulatory agencies to hold public hearings upon petition of 125 or more New York residents.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6454
SPONSOR: Kavanagh (MS) TITLE OF BILL:
An act to amend the state administrative procedure act, in relation to
public hearings on proposed rules; and providing for the repeal of such
provisions upon expiration thereof
PURPOSE:
This bill enhances the ability of the public to participate more mean-
ingfully in the rule-making process by permitting agencies to use inno-
vative techniques in organizing public hearings on proposed rules, and
establishes a 3-year pilot project for seven major regulatory agencies
to hold public hearings upon petition of 125 or more New York residents.
SUMMARY OF PROVISIONS:
Section 1 sets forth that the State Administrative Procedure Act (SAPA)
section 102(1) includes the Workers' Compensation Board as an "agency"
for purposes of implementing the new hearing provisions added by the
bill.
Section 2 adds a new § 202-f to SAPA authorizing agencies that hold
hearings on proposed rules under SAPA to use innovative means to enhance
public participation in rule making, such as:
- designating a segment of time for the public to address questions to
agency personnel;
- organizing hearings as roundtable discussions; scheduling evening or
weekend hearings; and - using broadcast and teleconferencing technolo-
gies.
Agencies may include in their annual reports an analysis of the innova-
tive techniques used to enhance participation. Such techniques shall not
be used in a manner that will result in the diminished ability of the
public to comment on the proposed rule at the public hearing.
SAPA Section 202-f also requires those agencies which are listed in
subdivision 4 to hold public hearings on proposed rules when they
receive written petitions from 125 or more people residing in New York
State, provided a sufficient petition is received not later than the
20th day before the last date for public comment. Agencies which receive
petitions after such date and agencies which are not listed in subdivi-
sion 4 of § 202-f have the option of holding a public hearing pursuant
to such petitions. Agencies are required to give due consideration to
requests that a hearing be held in a particular region.
Agencies are not required to hold public hearings for rules for which a
hearing is required by law and has already been scheduled or held, or
for consensus rules or rules related to rate-makings.
Subdivision 4 of § 202-f specifies that the following agencies are
required on a pilot basis to hold hearings upon receipt of petitions:
the Workers' Compensation Board and the Departments of Education, Envi-
ronmental Conservation, Health, Insurance, Labor and Family Assistance.
Section 3 sets forth the effective date.
JUSTIFICATION:
If the rules adopted by state agencies are to have minimal burdens and
maximum effectiveness from the public's perspective, it is crucial that
every effort be made to solicit and consider the views of the public in
developing rules. Public hearings are one effective means of doing so--
this bill would enhance their effectiveness as a tool for public partic-
ipation. Both the business community and agency personnel have reported
that, in many cases, there are alternatives which are preferable to the
standard model of a public hearing, which involves limited interaction
between agencies and the public.
A Federal National Performance Review report recommended that one way to
improve regulatory systems at the Federal level was to encourage the use
of innovative hearing techniques by Federal agencies. This bill would
provide for the same improvements in hearings required under the State
Administrative Procedure Act.
The bill also creates a pilot project whereby seven of the most active
regulatory agencies would be required to hold a hearing if requested to
do so by 125 or more persons. This will provide an additional way of
enhancing public participation by ensuring that these agencies receive
additional public input when a rule is of significant concern to the
public.
Many other states require agencies to hold public hearings on proposed
rules if the public so requests, including California (request of any
interested person), Arizona (request of any 5 persons), Utah (request of
10 persons) and Idaho, Illinois and New Hampshire {request of any 25
persons). States and Federal agencies which are subject to petition
requirements do not report any major increase in workload or any signif-
icant difficulties with this process. However, the effectiveness of the
pilot project would be subject to evaluation after some experience has
been gained with the operation of such a process in New York State.
This legislation passed both houses in 2008 but was vetoed by Governor
Paterson, citing "technical flaws." Language has been included in this
bill to address these concerns, by explicitly including the Workers'
Compensation Board within the bill's ambit and by making the scheduling
of any hearing optional if the agency does not receive a petition in a
timely manner. The veto message also stated that current opportunities
for comment were sufficient. To the extent that the public agrees with
that assessment, the petition process would be used sparingly and have
little cost impact. However, if the public interest warrants a hearing
on a particular rule, the potential cost savings from policy improve-
ments would likely outweigh any minimal hearing costs.
FISCAL IMPACT ON THE STATE:
None.
FISCAL IMPACT ON LOCALITIES:
None.
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
None.
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:
None.
LEGISLATIVE HISTORY:
2016: A05829 (Kavanagh) - Governmental Operations
2015: A05829 (Kavanagh) - Governmental Operations
2014: A00142 (Kavanagh) - Governmental Operations
2013: A00142 (Kavanagh) - Governmental Operations
2012: A01648A (Kavanagh) - Governmental Operations
2011: A01648 (Kavanagh) - Governmental Operations
2010: A08431 (Gianaris) - Governmental Operations
2009: A08431 (Gianaris) - Governmental Operations
2008: A08075 (Gianaris) - Vetoed
2007: A08075 (Gianaris) - Passed Assembly
2006: A06350 (McLaughlin) - Passed Assembly
2005: A06350 (McLaughlin) - Passed Assembly
2004: A02537 (McLaughlin) -Passed Assembly
2003: A02537 (McLaughlin) -Passed Assembly
2002: A05218 (McLaughlin) - Passed Assembly
2001: A05218 (McLaughlin) - Passed Assembly
2000: A01918 (Ramirez) - Passed Assembly
1999: A01918 (Ramirez) - Passed Assembly
1998: A05898B (Ramirez) - Passed Assembly
1997: A05898 (Ramirez) - Passed Assembly
1996: A07759 (Ramirez) - Passed Assembly
1995: A07759A (Ramirez) - Passed Assembly
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law, and shall expire and be deemed
repealed on the thirty-first day of December of the second calendar year
following such effective date, and shall apply to all rules for which a
notice of proposed rule making or a description in a regulatory agenda
is published during such time period.
