STATE OF NEW YORK
________________________________________________________________________
5795--A
Cal. No. 977
2017-2018 Regular Sessions
IN SENATE
May 1, 2017
___________
Introduced by Sens. JACOBS, LARKIN -- read twice and ordered printed,
and when printed to be committed to the Committee on Commerce, Econom-
ic Development and Small Business -- committee discharged and said
bill committed to the Committee on Rules -- reported favorably from
said committee, ordered to a third reading, passed by Senate and
delivered to the Assembly, recalled, vote reconsidered, restored to
third reading, amended and ordered reprinted, retaining its place in
the order of third reading
AN ACT to amend the state administrative procedure act, the executive
law and the environmental conservation law, in relation to the comment
period for proposed rules
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 202 of the state
2 administrative procedure act, as amended by chapter 304 of the laws of
3 2016, is amended to read as follows:
4 (a) Prior to the adoption of a rule, an agency shall submit a notice
5 of proposed rule making to the secretary of state for publication in the
6 state register and shall afford the public an opportunity to submit
7 comments on the proposed rule. Unless a different time is specified by
8 statute, the notice of proposed rule making must appear in the state
9 register at least [forty-five] sixty days prior to either
10 (i) the addition, amendment or repeal of a rule for which statute does
11 not require that a public hearing be held prior to adoption, or
12 (ii) the first public hearing on a proposed rule for which such hear-
13 ing is so required.
14 The notice of proposed rule making shall indicate the last date for
15 submission of comments on the proposed rule, which, unless a different
16 time is specified in statute or this paragraph, shall be not less than
17 [forty-five] sixty days after the date of publication of such notice,
18 or, if statute requires that a public hearing be held prior to adoption,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02336-02-7
S. 5795--A 2
1 not less than five days after the date of the last public hearing sched-
2 uled to be held on the proposed rule. Notwithstanding any other
3 provision of this paragraph, when the notice of proposed rule making
4 contains only a description of the subject, purpose and substance of the
5 rule as provided in subparagraph (v) of paragraph (f) of this subdivi-
6 sion, the full text of the proposed rule shall be posted on a website
7 maintained by the agency or another state entity and shall remain posted
8 until such proposed rule is adopted, revised, withdrawn or expires
9 pursuant to this article, except that such web posting shall not be
10 required for any rule defined in subparagraph (ii) of paragraph (a) of
11 subdivision two of section one hundred two of this chapter.
12 § 2. Subdivision 2 of section 101-a of the executive law, as amended
13 by chapter 610 of the laws of 1987, is amended to read as follows:
14 2. Except as provided in subdivision three of this section, at least
15 [forty-five] sixty days prior to either the adoption of any rule, or, if
16 a public hearing is required by statute, at least [forty-five] sixty
17 days prior to the first public hearing on a proposed rule, the agency
18 proposing to take such action shall send a notification of such proposed
19 action to the temporary president of the senate and the speaker of the
20 assembly. This notification shall: (a) refer to the statutory authority
21 under which the action is proposed, (b) give the time and place of any
22 public hearing that may be scheduled concerning the proposed action, or
23 state the manner in which data, views or arguments may be submitted to
24 the agency concerning the proposed action, (c) contain a copy of the
25 complete text of the proposed rule, and (d) contain a fiscal statement
26 setting forth the fiscal consequences of the proposed action on the
27 state and its local governments.
28 § 3. Paragraph a of subdivision 2 of section 3-0301 of the environ-
29 mental conservation law, as amended by chapter 412 of the laws of 2016,
30 is amended to read as follows:
31 a. Adopt, amend or repeal environmental standards, criteria and those
32 rules and regulations having the force and effect of standards and
33 criteria to carry out the purposes and provisions of this act. Any such
34 environmental standard, criterion, rule or regulation or change thereto
35 shall become effective thirty days after being filed with the Secretary
36 of State for publication in the "Official Compilation of Codes, Rules,
37 and Regulations of the State of New York" published pursuant to section
38 [102] one hundred two of the Executive Law. This provision shall not in
39 any way restrict the commissioner in the exercise of any function, power
40 or duty transferred to him or her and heretofore authorized to be exer-
41 cised by any other department acting through its commissioner to promul-
42 gate, adopt, amend or repeal any standards, rules and regulations. No
43 such environmental standards, criterion, rule or regulation or change
44 thereto shall be proposed for approval unless a public hearing relating
45 to the subject of such standard shall be held by the commissioner prior
46 thereto not less than [45] sixty days after date of notice therefor, any
47 provision of law to the contrary notwithstanding. Notice shall be given
48 by public advertisement of the date, time, place and purpose of such
49 hearing.
50 § 4. Subdivision 1 of section 19-0303 of the environmental conserva-
51 tion law, as amended by chapter 412 of the laws of 2016, is amended to
52 read as follows:
53 1. A code, rule or regulation or any amendment or repeal thereof shall
54 not be adopted until after a public hearing within the area of the state
55 concerned. Notice of such hearing shall be given at least [forty-five]
56 sixty days prior to the scheduled date of the hearing by public adver-
S. 5795--A 3
1 tisement of the date, time, place and purpose of such hearing. At such
2 hearing, opportunity to be heard by the department with respect to the
3 subject thereof shall be given to the public. A code, rule or regulation
4 or an amendment or repeal thereof shall not become effective until thir-
5 ty days after certified copies thereof shall have been filed with the
6 secretary of state. Any person heard at such hearing shall be given
7 written notice of the action of the department with respect to the
8 subject thereof.
9 § 5. Section 27-0705 of the environmental conservation law, as amended
10 by chapter 412 of the laws of 2016, is amended to read as follows:
11 § 27-0705. Adoption of rules and regulations; public hearings.
12 A rule or regulation or any amendment or repeal thereof shall not be
13 adopted until after public hearing thereon. Notice of such hearing shall
14 be given at least [forty-five] sixty days prior to the scheduled date of
15 the hearing by public advertisement in the area of the state concerned
16 of the date, time, place and purpose of such hearing. At such hearing,
17 opportunity to be heard shall be given to the public. A rule or regu-
18 lation or an amendment or repeal thereof shall not become effective
19 until sixty days after certified copies thereof shall have been filed
20 with the secretary of state.
21 § 6. Subdivision 1 of section 35-0109 of the environmental conserva-
22 tion law, as amended by chapter 412 of the laws of 2016, is amended to
23 read as follows:
24 1. Notice of public hearing shall be by publication in two newspapers
25 most likely to give notice to the people of this state of such hearings
26 at least once in each of three successive weeks, provided, however, that
27 notice of public hearing shall be given to the manufacturer or manufac-
28 turers of such household cleansing products in writing, whenever practi-
29 cable or in such other form as in the commissioner's judgment will
30 reasonably notify such manufacturer of said hearing. Such hearing shall
31 not be conducted less than [forty-five] sixty days following the date of
32 first publication of notice of such hearing.
33 § 7. Section 37-0105 of the environmental conservation law, as amended
34 by chapter 412 of the laws of 2016, is amended to read as follows:
35 § 37-0105. Rules and regulations.
36 The department is hereby authorized to promulgate rules and regu-
37 lations pertaining to the storage and release to the environment of
38 substances hazardous or acutely hazardous to public health, safety or
39 the environment. Such rules and regulations may require the users of
40 substances which may meet the criteria upon which the lists referred to
41 in paragraphs (a) and (b) of subdivision one of section 37-0103 of this
42 chapter are based to furnish to the department for the public record any
43 information regarding such substances which the said user may have, and
44 the nature and extent of research performed by said user concerning the
45 effects of such substances on human health and the environment. Prior to
46 promulgation of rules and regulations hereunder, public hearings shall
47 be held upon notice in two newspapers in the locality of said public
48 hearings, at least two times per week in each of three successive weeks.
49 Such hearings shall be conducted not less than [forty-five (45)] sixty
50 (60) days following the date of last publication.
51 § 8. This act shall take effect October 1, 2017, and shall apply to
52 all notices of proposed rule making published in the state register and
53 to all notifications sent to the temporary president of the senate and
54 the speaker of the assembly on or after such date.