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A09612 Summary:

A09612 Actions:

A09612 Committee Votes:

A09612 Floor Votes:

A09612 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9612
 
                   IN ASSEMBLY
 
                                     March 22, 2016
                                       ___________
 
        Introduced  by  M.  of A. ZEBROWSKI, THIELE, McDONALD, GOTTFRIED, SIMON,
          CAHILL, BUCHWALD,  SKOUFIS,  GALEF,  MONTESANO,  CORWIN,  McKEVITT  --
          Multi-Sponsored  by  -- M. of A.  COOK, ENGLEBRIGHT, MAGEE, McDONOUGH,
          NOLAN, ROBINSON, SANTABARBARA -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN ACT to amend the state administrative procedure act, in  relation  to
          online posting of full text of rules, statements and analyses
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (g) of subdivision 2  of  section  201-a  of  the
     2  state  administrative procedure act, as added by chapter 189 of the laws
     3  of 1996, is amended to read as follows:
     4    (g) When any statement issued pursuant to  this  section  exceeds  two
     5  thousand  words, the agency shall prepare a summary of such statement in
     6  less than two thousand words for publication in the  state  register  in
     7  which  it  shall identify the website of the agency, or of another state
     8  entity, on which the full text of the statement has been posted.
     9    § 2. Paragraph (a) of subdivision 1 of section 202 of the state admin-
    10  istrative procedure act, as amended by chapter 429 of the laws of  2003,
    11  is amended to read as follows:
    12    (a)  Prior  to the adoption of a rule, an agency shall submit a notice
    13  of proposed rule making to the secretary of state for publication in the
    14  state register and shall afford the  public  an  opportunity  to  submit
    15  comments  on  the proposed rule. Unless a different time is specified by
    16  statute [or this paragraph], the notice of  proposed  rule  making  must
    17  appear in the state register at least forty-five days prior to either
    18    (i) the addition, amendment or repeal of a rule for which statute does
    19  not require that a public hearing be held prior to adoption, or
    20    (ii)  the first public hearing on a proposed rule for which such hear-
    21  ing is so required.
    22    The notice of proposed rule making shall indicate the  last  date  for
    23  submission  of  comments on the proposed rule, which, unless a different
    24  time is specified in statute or this paragraph, shall be not  less  than
    25  forty-five  days  after  the  date of publication of such notice, or, if
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14398-02-6
        A. 9612                             2
 
     1  statute requires that a public hearing be held prior  to  adoption,  not
     2  less  than five days after the date of the last public hearing scheduled
     3  to be held on the proposed rule. Notwithstanding any other provision  of
     4  this  paragraph, when the notice of proposed rule making contains only a
     5  description of the  subject,  purpose  and  substance  of  the  rule  as
     6  provided in subparagraph (v) of paragraph (f) of this subdivision, [and]
     7  the  full  text of the proposed rule [has not been] shall be posted on a
     8  website maintained by the agency or another state entity[, the last date
     9  for submission of comments shall be not less than sixty days  after  the
    10  date  of publication of such notice, unless the rule is a consensus rule
    11  or a] and shall remain posted  until  such  proposed  rule  is  adopted,
    12  revised, withdrawn or expires pursuant to this article, except that such
    13  web  posting  shall not be required for any rule defined in subparagraph
    14  (ii) of paragraph (a) of subdivision two of section one hundred  two  of
    15  this chapter.
    16    § 3. Subparagraphs (v), (vi) and (vii) of paragraph (f) of subdivision
    17  1 of section 202 of the state administrative procedure act, subparagraph
    18  (v)  as amended by chapter 429 of the laws of 2003, subparagraph (vi) as
    19  amended by chapter 610 of the laws of 1987  and  subparagraph  (vii)  as
    20  amended  by  chapter  171  of  the  laws of 1994, are amended to read as
    21  follows:
    22    (v) contain the complete text of the proposed rule, provided, however,
    23  if such text exceeds two thousand words, the notice shall contain only a
    24  description of the subject, purpose and substance of such rule  in  less
    25  than  two thousand words and shall identify the address of the website[,
    26  if any,] on which the full text has been posted;
    27    (vi) include  a  regulatory  impact  statement  prepared  pursuant  to
    28  section  two hundred two-a of this [chapter] article, provided, however,
    29  if such statement exceeds two thousand words, the notice  shall  include
    30  only  a  summary  of such statement in less than two thousand words  and
    31  the full text of such statement shall be posted on a website  maintained
    32  by the agency or another state entity until such statement is revised or
    33  the  proposed  rule  is adopted or withdrawn or expires pursuant to this
    34  article;
    35    (vii) include a regulatory flexibility analysis and a rural area flex-
    36  ibility analysis prepared pursuant to sections two hundred two-b and two
    37  hundred two-bb of this [chapter] article, provided, however, if an anal-
    38  ysis exceeds two thousand words, the notice shall include only a summary
    39  of such analysis in less than two thousand words and the  full  text  of
    40  such  analysis  shall be posted on a website maintained by the agency or
    41  another state entity until such analysis is revised or the proposed rule
    42  is adopted or withdrawn or expires pursuant to this article;
    43    § 4. Subparagraphs (ii), (v) and (vi) of paragraph (c) of  subdivision
    44  4-a  of  section 202 of the state administrative procedure act, subpara-
    45  graphs (ii) and (v) as added by chapter 336 of the laws of 1989, subpar-
    46  agraph (vi) as amended by chapter 171 of the laws of 1994 and such para-
    47  graph as relettered by chapter 335 of the laws of 1992, are  amended  to
    48  read as follows:
    49    (ii) contain the complete revised text of the proposed rule, provided,
    50  however, if such text exceeds two thousand words, the notice may contain
    51  only a description of the subject, purpose and substance of such rule in
    52  less than two thousand words and shall identify the website of the agen-
    53  cy,  or  of another state entity, on which the complete revised text has
    54  been posted;
    55    (v) include a revised regulatory impact statement,  when  required  by
    56  the provisions of [subparagraph (ii) of] paragraph [(a)] (b) of subdivi-
        A. 9612                             3
 
     1  sion  six  of  section  two  hundred  two-a  of  this [chapter] article,
     2  provided, however, if such statement exceeds  two  thousand  words,  the
     3  notice  shall  include only a summary of such statement in less than two
     4  thousand  words  and  shall  identify  the  website of the agency, or of
     5  another state entity, on  which  the  complete  revised  text  has  been
     6  posted;
     7    (vi)  include  a  revised  regulatory flexibility analysis and a rural
     8  area flexibility analysis, when required by the provisions [of  subpara-
     9  graph  (ii)]  of paragraph [(a)] (b) of subdivision seven of section two
    10  hundred two-b and paragraph (b) of  subdivision  eight  of  section  two
    11  hundred  two-bb  of  this  [chapter] article, provided, however, if such
    12  [statement] analysis  exceeds  two  thousand  words,  the  notice  shall
    13  include  only  a  summary  of such [statement] analysis in less than two
    14  thousand words and shall identify the  website  of  the  agency,  or  of
    15  another state entity, on which the full text of the revised analysis has
    16  been posted;
    17    §  5.  Paragraph  (c)  of  subdivision 4-a of section 202 of the state
    18  administrative procedure act, as amended by chapter 210 of the  laws  of
    19  1998 is relettered paragraph (d).
    20    §  6.  Subparagraphs (v) and (vi) of paragraph (c) of subdivision 5 of
    21  section 202 of the state administrative procedure act, subparagraph  (v)
    22  as  amended  by chapter 610 of the laws of 1987 and subparagraph (vi) as
    23  amended by chapter 171 of the laws of  1994,  are  amended  to  read  as
    24  follows:
    25    (v)  include  a  revised regulatory impact statement, when required by
    26  the provisions of [subparagraph (ii) of] paragraph [(a)] (b) of subdivi-
    27  sion six of  section  two  hundred  two-a  of  this  [chapter]  article,
    28  provided,  however,  if  such  statement exceeds two thousand words, the
    29  notice shall include only a summary of such statement in less  than  two
    30  thousand words;
    31    (vi)  include  a  revised  regulatory flexibility analysis and a rural
    32  area flexibility analysis, when required by the provisions of  [subpara-
    33  graph  (ii)  of] paragraph [(a)] (b) of subdivision seven of section two
    34  hundred two-b and paragraph (b) of  subdivision  eight  of  section  two
    35  hundred  two-bb  of  this  [chapter] article, provided, however, if such
    36  statement exceeds two thousand words, the notice shall  include  only  a
    37  summary of such statement in less than two thousand words;
    38    § 7. Subdivision 6 of section 202-a of the state administrative proce-
    39  dure  act,  as amended by chapter 850 of the laws of 1990, is amended to
    40  read as follows:
    41    6. Each agency shall issue a revised regulatory impact statement when:
    42    [(i)] (a) the information presented in the statement is inadequate  or
    43  incomplete, provided, however, such revised statement shall be submitted
    44  as  soon as practicable to the secretary of state for publication in the
    45  state register, provided, further, if such statement exceeds  two  thou-
    46  sand words, the notice shall include only a summary of such statement in
    47  less than two thousand words;
    48    [(ii)] (b) a proposed rule contains any substantial revisions and such
    49  revisions  necessitate that such statement be modified. A revised state-
    50  ment shall describe the reasons for such changes and shall  include  any
    51  modifications in the regulatory impact statement that are necessary as a
    52  result of such changes; or
    53    [(iii)]  (c)  there  are no substantial revisions in the proposed rule
    54  but there are changes in the text of the rule as adopted  when  compared
    55  with  the  text of the latest published version of the proposed rule and
    56  such changes would  necessitate  that  such  statement  be  modified.  A
        A. 9612                             4
 
     1  revised  statement shall describe the reasons for such changes and shall
     2  include any modifications in the regulatory impact  statement  that  are
     3  necessary as a result of such changes.
     4    § 8. Subdivision 7 of section 202-b of the state administrative proce-
     5  dure  act,  as amended by chapter 850 of the laws of 1990, is amended to
     6  read as follows:
     7    7. Each agency shall issue a revised regulatory  flexibility  analysis
     8  when:
     9    [(i)] (a) the information presented in the analysis submitted pursuant
    10  to  this  section  is  inadequate or incomplete, provided, however, such
    11  revised analysis shall be submitted as soon as practicable to the secre-
    12  tary of state for publication in the state register, provided,  further,
    13  if  such  statement exceeds two thousand words, the notice shall include
    14  only a summary of such statement in less than two thousand words;
    15    [(ii)] (b) a proposed rule contains any substantial revisions and such
    16  revisions necessitate that such analysis be modified; or
    17    [(iii)] (c) there are no substantial revisions in  the  proposed  rule
    18  but  there  are changes in the text of the rule as adopted when compared
    19  with the text of the latest published version of the proposed  rule  and
    20  such changes would necessitate that such analysis be modified.
    21    §  9.  Subdivision  7  of  section  202-bb of the state administrative
    22  procedure act, as added by chapter 171 of the laws of 1994,  is  amended
    23  to read as follows:
    24    7. When any rule is proposed for which a rural area flexibility analy-
    25  sis  is required, the agency shall assure that public and private inter-
    26  ests in rural areas have been given an opportunity to participate in the
    27  rule making through such activities as:
    28    [(i)] (a) the publication of a general notice  of  the  proposed  rule
    29  making;
    30    [(ii)] (b) notification of public and private interests in rural areas
    31  directly affected by the proposed rule;
    32    [(iii)]  (c)  the  conduct  of  special  public  hearings  or meetings
    33  concerning the proposed rule for  those  public  and  private  interests
    34  affected by the rule; and
    35    [(iv)]  (d)  the  adoption  or modification of agency procedural rules
    36  that will minimize the cost or complexity of participation in  the  rule
    37  making.
    38    § 10. This act shall take effect on the first of January next succeed-
    39  ing  the  date upon which it shall have become a law, and shall apply to
    40  any notice of proposed rule making or  notice  of  revised  rule  making
    41  published on or after such date.