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A09274 Summary:

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A09274 Floor Votes:

A09274 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9274--B
                                                                Cal. No. 594
 
                   IN ASSEMBLY
 
                                    February 13, 2012
                                       ___________
 
        Introduced  by  M.  of A. LAVINE, P. RIVERA -- read once and referred to
          the Committee on Governmental Operations -- reported and  referred  to
          the Committee on Ways and Means -- committee discharged, bill amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --

          passed by Assembly and delivered to  the  Senate,  recalled  from  the
          Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
          its place on 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.  Paragraphs  (a),  (b) and (c) of subdivision 1 of section

     2  202-d of the state administrative procedure act, as amended  by  chapter
     3  193 of the laws of 2008, are amended to read as follows:
     4    (a)  The  departments of health, education, [insurance,] environmental
     5  conservation, financial  services,  labor,  [banking,]  agriculture  and
     6  markets,  motor  vehicles  and state, the offices of children and family
     7  services and temporary and disability assistance, [and] the division  of
     8  housing  and  community renewal and the workers' compensation board, and
     9  any other department specified by the governor or his  or  her  designee
    10  shall, and any other agency may, in its discretion, submit to the secre-
    11  tary  of  state, for publication in the first regular issue of the state
    12  register published during the month of  January  and  the  last  regular

    13  issue  of  the  state register published in June, a regulatory agenda to
    14  [afford the agency an opportunity to] solicit  comments  concerning  any
    15  rule  which  the  agency  is considering [proposing] to propose, but for
    16  which no notice of proposed rule making has been submitted  pursuant  to
    17  subdivision one of section two hundred two of this article.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14123-08-2
        A. 9274--B                          2
 
     1    (b)  A  regulatory  agenda  shall  be  comprised  of  a list and brief
     2  description of subject matter being considered for rule making  and  the

     3  name, public office, address, e-mail address and telephone number of the
     4  agency  representative,  knowledgeable  on  such regulatory agenda, from
     5  whom any information may be obtained and to whom written comments may be
     6  submitted  concerning  such  regulatory  agenda.  [An e-mail address for
     7  requests  for  information  and  submission  of  comments  may  also  be
     8  included.]
     9    (c)  Agencies  shall  publish  the  regulatory agendas and information
    10  related to such agendas on their respective  websites  [whenever  feasi-
    11  ble].  An  agency  [that  publishes its regulatory agenda on its website
    12  shall have the  option  of  maintaining]  may  maintain  a  continuously
    13  updated regulatory agenda, wherein a description of a rule is added when

    14  the agency begins to consider proposing it and is removed when the agen-
    15  cy  proposes  such  rule  or  is no longer considering [proposing it] to
    16  propose such a rule.  Such description shall identify the date on  which
    17  the  description  is  first  listed  in  the regulatory agenda and shall
    18  conspicuously indicate that the description has been newly listed for  a
    19  period of not less than thirty days after such date. In any year that an
    20  agency  maintains a continuously updated regulatory agenda, it shall not
    21  be required to publish a regulatory agenda in the last regular issue  of
    22  the  state  register in June. The agency shall inform the public that it
    23  maintains an updated regulatory agenda on its website and shall list the
    24  address of its website in a notice published with the regulatory  agenda

    25  such  agency  submits for publication in January. The secretary of state
    26  shall republish this notice in the last regular issue in June.
    27    § 2. Subdivision 1 of section 207 of the state  administrative  proce-
    28  dure  act,  as  added  by chapter 262 of the laws of 1996, is amended to
    29  read as follows:
    30    1. (a) Unless the contrary is specifically provided by  paragraph  (b)
    31  of  this  subdivision or by another law, any rule which is adopted on or
    32  after the effective date of this section shall be reviewed in the calen-
    33  dar year specified in the notice of adoption for the rule, provided that
    34  at a minimum every rule shall be initially reviewed no later than in the
    35  fifth calendar year after [five years] the year in  which  the  rule  is

    36  adopted,  and,  thereafter, every rule shall be re-reviewed at five-year
    37  intervals.
    38    (b) For any rule for which a regulatory  flexibility  analysis,  rural
    39  area  flexibility  analysis  or  job  impact  statement is required, the
    40  initial review shall occur no later than  in  the  third  calendar  year
    41  after the year in which the rule is adopted; provided, however, that the
    42  agency  may propose a different review period in such analysis or state-
    43  ment, along with its justification for doing so, and shall invite public
    44  comment thereon. The review period specified for the rule and an assess-
    45  ment of any comments  on  this  issue  shall  accompany  the  notice  of
    46  adoption.

    47    §  3.  Subdivision 2 of section 207 of the state administrative proce-
    48  dure act, as amended by chapter 327 of the laws of 2003, is  amended  to
    49  read as follows:
    50    2.  An  agency  shall  submit for publication in the regulatory agenda
    51  published in January pursuant to section two hundred two-d of this arti-
    52  cle a list of the rules which must be reviewed pursuant  to  subdivision
    53  one  of  this  section  in the ensuing calendar year. In addition to the
    54  information required by such section two hundred two-d, for each rule so
    55  listed the agency shall provide an analysis of the need  for  and  legal
    56  basis  of  such rule, shall invite public comment on the continuation or
        A. 9274--B                          3
 
     1  modification of the rule and shall indicate the last date for submission

     2  of comments which shall be not less than forty-five days from  the  date
     3  of publication. An agency shall also publish the list of rules that must
     4  be  reviewed  pursuant  to  this section on its website. If the original
     5  notice of proposed rule making for a listed rule required  the  prepara-
     6  tion  of  a  regulatory  flexibility  analysis, a rural area flexibility
     7  analysis, or a job impact statement, the agency shall  so  indicate  and
     8  shall  provide  outreach  as  appropriate  to potentially affected small
     9  businesses, local governments and public and private interests in  rural
    10  areas  that the rule is being reviewed. Such outreach may include solic-
    11  itation of input through electronic means or through any of  the  activ-

    12  ities  listed in subdivision six of section two hundred two-b and subdi-
    13  vision seven of section two hundred two-bb of this article.
    14    § 4. Section 2 of chapter 402 of the laws of 1994, amending the  state
    15  administrative  procedure  act relating to requiring certain agencies to
    16  submit regulatory agendas for publication  in  the  state  register,  as
    17  amended  by  chapter  193  of  the  laws  of 2008, is amended to read as
    18  follows:
    19    § 2. This act shall take effect on the  first  day  of  November  next
    20  succeeding the date on which it shall have become a law and shall expire
    21  and  be  deemed repealed on December 31, [2012] 2016, and upon such date
    22  the provisions of subdivisions 1 and 2 of section  202-d  of  the  state
    23  administrative procedure act as amended by section one of this act shall

    24  revert  to and be read as set out in law on the date immediately preced-
    25  ing such effective date.
    26    § 5. This act shall take effect immediately,  provided,  however  that
    27  sections  one,  two and three of this act shall take effect on the first
    28  of January next succeeding the date on which it shall have become a law;
    29  provided, further, that section two of this act shall apply to any  rule
    30  adopted on or after such date; and provided, further that the amendments
    31  to  subdivision 1 of section 202-d of the state administrative procedure
    32  act made by section one of this act shall not affect the  expiration  of
    33  such subdivision and shall be deemed to expire therewith.