STATE OF NEW YORK
________________________________________________________________________
8950
IN ASSEMBLY
January 6, 2020
___________
Introduced by M. of A. SIMOTAS -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to
the time needed by small businesses and local governments to comply
with new regulations; to amend a chapter of the laws of 2019, amending
the state administrative procedure act relating to the time needed by
small businesses and local governments to comply with new regulations,
as proposed in legislative bills numbers S. 5812 and A. 842, in
relation to the effectiveness thereof; and to repeal certain
provisions of the state administrative procedure act related thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (e) of subdivision 2 of section 202-b of the
2 state administrative procedure law, as added by a chapter of the laws of
3 2019, amending the state administrative procedure act relating to the
4 time needed by small businesses and local governments to comply with new
5 regulations, as proposed in legislative bills numbers S. 5812 and A.
6 842, is REPEALED and paragraphs (f) and (g) are relettered paragraphs
7 (e) and (f).
8 § 2. Subdivision 3 of section 207 of the state administrative proce-
9 dure act, as added by chapter 262 of the laws of 1996, is amended to
10 read as follows:
11 3. If an agency determines that a rule subject to the provisions of
12 this section should be modified, it shall publish a notice of proposed
13 rule making for such rule, which, in addition to the information other-
14 wise required by this article, shall include a statement setting forth a
15 reasoned justification for modification of the rule and an assessment of
16 public comments, prepared in accordance with subdivision four-a of
17 section two hundred two of this article, which were submitted to the
18 agency in response to the listing of the rule in the regulatory agenda.
19 Where appropriate, the agency shall also include in its statement a
20 discussion of the degree to which changes in technology, economic condi-
21 tions, time required to comply, or other factors in the area affected by
22 the rule necessitate changes in the rule.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01558-02-0
A. 8950 2
1 § 3. Paragraph (a) of subdivision 1 of section 202-b of the state
2 administrative procedure act, as amended by chapter 611 of the laws of
3 1996, is amended to read as follows:
4 (a) the establishment of differing compliance or reporting require-
5 ments or timetables that take into account the resources available to
6 small businesses and local governments or the time needed by small busi-
7 nesses or local governments to come into compliance with the rule;
8 § 4. Section 3 of a chapter of the laws of 2019, amending the state
9 administrative procedure act relating to the time needed by small busi-
10 nesses and local governments to comply with new regulations, as proposed
11 in legislative bills numbers S. 5812 and A. 842, is amended to read as
12 follows:
13 § 3. This act shall take effect on the [first of November next
14 succeeding the date on which] one hundred twentieth day after it shall
15 have become a law and shall apply to all rules for which a notice of
16 proposed rule making is [published] filed on or after such date.
17 § 5. This act shall take effect on the same date and in the same
18 manner as a chapter of the laws of 2019, amending the state administra-
19 tive procedure act relating to the time needed by small businesses and
20 local governments to comply with new regulations, as proposed in legis-
21 lative bills numbers S. 5812 and A. 842, takes effect.
