STATE OF NEW YORK
________________________________________________________________________
5912--C
Cal. No. 101
2017-2018 Regular Sessions
IN SENATE
May 5, 2017
___________
Introduced by Sens. JACOBS, AKSHAR, DeFRANCISCO, MARCHIONE, SERINO --
read twice and ordered printed, and when printed to be committed to
the Committee on Commerce, Economic Development and Small Business --
committee discharged and said bill committed to the Committee on Rules
-- ordered to a third reading, amended and ordered reprinted, retain-
ing its place in the order of third reading -- again amended and
ordered reprinted, retaining its place in the order of third reading
-- recommitted to the Committee on Commerce, Economic Development and
Small Business in accordance with Senate Rule 6, sec. 8 -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the state administrative procedure act, in relation to
agencies adopting emergency rules
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (b) of subdivision 6 of section 202 of
2 the state administrative procedure act, paragraph (a) as added by chap-
3 ter 17 of the laws of 1984 and paragraph (b) as amended by chapter 483
4 of the laws of 1988, are amended to read as follows:
5 (a) Notwithstanding any other provision of law, if an agency finds for
6 a good cause that the immediate adoption of a rule is necessary for the
7 preservation of the public health, safety or general welfare [and that
8 compliance with the requirements of subdivision one of this section
9 would be contrary to the public interest, the agency may dispense with
10 all or part of such requirements and adopt the rule on an emergency
11 basis], and one or more of the following conditions are met, the agency
12 may dispense with all or part of the requirements of subdivision one of
13 this section and adopt the rule on an emergency basis:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11460-05-8
S. 5912--C 2
1 (i) the usual rule making procedures are impractical because there is
2 an emergency that poses an imminent and actual threat to public health
3 or safety or the environment; or
4 (ii) the delay involved in adopting the rule through the usual rule
5 making procedure would cause the agency to be out of compliance with a
6 judicial decision, federal or state law; or
7 (iii) the delay in adopting the rule through the usual rule making
8 procedure would result in a loss of federal funds; or
9 (iv) the delay involved in adopting the rule through the usual rule
10 making procedure provided in subdivision one of this section would lead
11 to irreparable injury.
12 (a-1) Within thirty days of the adoption of the emergency rule, the
13 agency shall separately submit a notice of proposed rule making for such
14 rule to the secretary of state to commence the usual rule making proce-
15 dures set forth in subdivision one of this section.
16 (b) Unless otherwise provided by law, such emergency rule shall not
17 remain in effect for longer than ninety days after being filed with the
18 secretary of state unless within such time the agency complies with the
19 requirements of subdivision one of this section and adopts the rule
20 pursuant to the provisions of subdivision five of this section,
21 provided, however, if such emergency rule is readopted prior to the
22 expiration of such ninety day period such readoption and any subsequent
23 readoptions shall remain in effect for no longer than sixty days. Upon
24 any readoption, the agency shall publish and make available to the
25 public an assessment of public comments received on the emergency rule
26 or the separate notice of proposed rulemaking for such rule. The emer-
27 gency rule may remain in effect, at the latest, for as long as the sepa-
28 rate notice of proposed rulemaking remains in effect pursuant to subdi-
29 vision two of this section. When the separate notice of proposed
30 rulemaking expires pursuant to subdivision two of this section, the
31 emergency rule shall also expire and be ineffective for the purposes of
32 this section.
33 § 2. This act shall take effect immediately.
