New York State Assembly

 
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A10242 Summary:

A10242 Actions:

A10242 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Peoples-Stokes      
DATE:05/23/2016AYE/NAY:14/0  Action: Favorable         
Peoples-Stokes
Aye
Duprey
Aye
Galef
Aye
Goodell
Aye
Benedetto
Aye
Johns
Aye
Glick
Aye
Lalor
Aye
Schimel
Aye
Kim
Aye
Buchwald
Aye
Dilan
Aye
Bichotte
Aye
Blake
Aye

A10242 Floor Votes:

A10242 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10242
 
                   IN ASSEMBLY
 
                                      May 17, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI,  PEOPLES-STOKES  -- read once and
          referred to the Committee on Governmental Operations
 
        AN ACT to amend the state administrative procedure act, in  relation  to
          regulatory  agendas;  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, paragraphs
     3  (a),  (b),  and  (c)  as amended by chapter 462 of the laws of 2012, and
     4  paragraph (d) as amended by section 6 of part O of  chapter  60  of  the
     5  laws of 2011, is amended to read as follows:
     6    1.  (a)  The departments of health, education, environmental conserva-
     7  tion, financial services, labor, agriculture and markets, motor vehicles
     8  and state, the offices of children and family services and temporary and
     9  disability assistance, the division of housing  and  community  renewal,
    10  the state gaming commission, the office of mental health, the office for
    11  people  with  developmental  disabilities  and the workers' compensation
    12  board, and any other department or agency specified by the  governor  or
    13  his  or her designee shall, and any other agency may, in its discretion,
    14  submit to the secretary of state, for publication  in  [the  first]  any
    15  regular  issue of the state register published during the month of Janu-
    16  ary [and the last regular issue  of  the  state  register  published  in
    17  June], a regulatory agenda to solicit comments concerning any rule which
    18  the  agency  is  considering  to  propose,  but  for  which no notice of
    19  proposed rule making has been submitted pursuant to subdivision  one  of
    20  section two hundred two of this article.
    21    (b)  A  regulatory  agenda  shall  be  comprised  of  a list and brief
    22  description of subject matter being considered for rule making  and  the
    23  name, public office, address, e-mail address and telephone number of the
    24  agency  representative,  knowledgeable  on  such regulatory agenda, from
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15418-01-6
        A. 10242                            2
 
     1  whom any information may be obtained, including any draft version  of  a
     2  potential  rule that an agency is making publicly available, and to whom
     3  written comments may be submitted concerning such regulatory agenda.
     4    (c)  Agencies  shall  publish  the  regulatory agendas and information
     5  related to such agendas on their  respective  websites.  An  agency  may
     6  [maintain  a continuously updated regulatory agenda, wherein] update the
     7  regulatory agenda on its website by adding a description of a  rule  [is
     8  added  when  the  agency  begins] which the agency has begun to consider
     9  proposing [it and is removed when the agency proposes such rule or is no
    10  longer considering to propose such a  rule]  after  publication  of  its
    11  regulatory agenda in the state register.  Such description shall identi-
    12  fy  the  date on which the description is first listed in the regulatory
    13  agenda and shall conspicuously indicate that the  description  has  been
    14  newly  listed for a period of not less than thirty days after such date.
    15  [In any year that an agency maintains a continuously updated  regulatory
    16  agenda,  it  shall not be required to publish a regulatory agenda in the
    17  last regular issue of the state  register  in  June.  The  agency  shall
    18  inform  the public that it maintains an updated regulatory agenda on its
    19  website and shall list the address of its website in a notice  published
    20  with  the regulatory agenda such agency submits for publication in Janu-
    21  ary. The secretary of state shall republish  this  notice  in  the  last
    22  regular  issue  in  June.]  Updating  a regulatory agenda on its website
    23  shall not require an agency to submit  any  additional  information  for
    24  publication in the state register related to such update.
    25    (d)  An  agency  shall  identify each rule described in its regulatory
    26  agenda for which a regulatory flexibility analysis or a rural area flex-
    27  ibility analysis may be required, and shall provide outreach  as  appro-
    28  priate  to  potentially affected small businesses, local governments and
    29  public and private interests in rural areas. Such outreach  may  include
    30  solicitation  of  input  from potentially affected parties through elec-
    31  tronic means or through any of the activities listed in subdivision  six
    32  of  section  two  hundred  two-b  and  subdivision  seven of section two
    33  hundred two-bb of this article.
    34    § 2. Section 2 of chapter 402 of the laws of 1994, amending the  state
    35  administrative  procedure  act relating to requiring certain agencies to
    36  submit regulatory agendas for publication  in  the  state  register,  as
    37  amended  by  chapter  462  of  the  laws  of 2012, is amended to read as
    38  follows:
    39    § 2. This act shall take effect on the  first  day  of  November  next
    40  succeeding the date on which it shall have become a law and shall expire
    41  and  be  deemed repealed on December 31, [2016] 2020, and upon such date
    42  the provisions of subdivisions 1 and 2 of section  202-d  of  the  state
    43  administrative procedure act as amended by section one of this act shall
    44  revert  to and be read as set out in law on the date immediately preced-
    45  ing such effective date.
    46    § 3. This act shall take effect immediately and  shall  apply  to  all
    47  regulatory  agendas  published on or after such date; provided, however,
    48  that the amendments to subdivision 1  of  section  202-d  of  the  state
    49  administrative  procedure  act made by section one of this act shall not
    50  affect the expiration of such subdivision and shall be deemed to  expire
    51  therewith.