Bill Text: NY A05383 | 2019-2020 | General Assembly | Introduced
Bill Title: Broadens considerations required during review of existing administrative rules and during creation of new rules.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A05383 Detail]
Download: New_York-2019-A05383-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5383 2019-2020 Regular Sessions IN ASSEMBLY February 11, 2019 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the state administrative procedure act, in relation to review of existing rules and rule making procedure 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 and subdivisions 2 and 4 of 2 section 207 of the state administrative procedure act, paragraph (a) of 3 subdivision 1 and subdivision 2 as amended by chapter 462 of the laws of 4 2012 and subdivision 4 as added by chapter 262 of the laws of 1996, are 5 amended to read as follows: 6 (a) Unless the contrary is specifically provided by paragraph (b) of 7 this subdivision or by another law, any rule which is adopted on or 8 after the effective date of this section shall be reviewed in the calen- 9 dar year specified in the notice of adoption for the rule, provided that 10 at a minimum every rule shall be initially reviewed no later than in the 11 fifth calendar year after the year in which the rule is adopted, and, 12 thereafter, every rule shall be re-reviewed at five-year intervals. All 13 rules adopted before the effective date of this section shall be 14 initially reviewed no later than in the two thousand twenty-three calen- 15 dar year, and, thereafter, every rule shall be re-reviewed at five-year 16 intervals. 17 2. An agency shall submit for publication in the regulatory agenda 18 published in January pursuant to section two hundred two-d of this arti- 19 cle a list of the rules which must be reviewed pursuant to subdivision 20 one of this section in the ensuing calendar year. In addition to the 21 information required by such section two hundred two-d, for each rule so 22 listed the agency shall provide an analysis of [the need for and legal23basis of such rule,]: (a) the need for such rule, (b) the legal basis 24 of such rule, (c) whether the rule is duplicative of any other rule or 25 regulation, (d) whether the rule reflects or utilizes current technolo- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02810-01-9A. 5383 2 1 gy, and (e) whether the rule reflects current industry practices and 2 standards. The agency shall invite public comment on the continuation or 3 modification of the rule and shall indicate the last date for submission 4 of comments which shall be not less than forty-five days from the date 5 of publication. An agency shall also publish the list of rules that must 6 be reviewed pursuant to this section on its website. If the original 7 notice of proposed rule making for a listed rule required the prepara- 8 tion of a regulatory flexibility analysis, a rural area flexibility 9 analysis, or a job impact statement, the agency shall so indicate and 10 shall provide outreach as appropriate to potentially affected small 11 businesses, local governments and public and private interests in rural 12 areas that the rule is being reviewed. Such outreach may include solic- 13 itation of input through electronic means or through any of the activ- 14 ities listed in subdivision six of section two hundred two-b and subdi- 15 vision seven of section two hundred two-bb of this article. 16 4. If an agency determines that a rule subject to the provisions of 17 this section should continue without modification, it shall publish a 18 notice to that effect, which shall identify the rule and the statutory 19 authority for the rule, and include a statement setting forth a reasoned 20 justification for continuation of the rule without modification and an 21 assessment of public comments, prepared in accordance with subdivision 22 four-a of section two hundred two of this [chapter] article, which were 23 submitted to the agency in response to the listing of the rule in the 24 regulatory agenda, and a summary of the analysis required under subdivi- 25 sion two of this section. 26 § 2. Paragraph (f) of subdivision 1 of section 202 of the state admin- 27 istrative procedure act, as amended by chapter 610 of the laws of 1987, 28 subparagraph (iv) as amended by chapter 703 of the laws of 1991, subpar- 29 agraphs (v), (vi) and (vii) as amended by chapter 304 of the laws of 30 2016, and subparagraph (viii) as amended by chapter 229 of the laws of 31 2000, is amended to read as follows: 32 (f) The notice of proposed rule making shall: 33 (i) cite the statutory authority, including particular sections and 34 subdivisions, under which the rule is proposed for adoption; 35 (ii) give the date, time and place of any public hearing or hearings 36 which are scheduled; 37 (iii) state whether or not the place of any public hearing or hearings 38 shall be reasonably accessible to persons with a mobility impairment; 39 for purposes hereof, "persons with a mobility impairment" shall mean 40 those persons with a physical impairment which is permanent and severely 41 limits that person's mobility, or a person who is unable to ambulate 42 without the aid of a wheelchair or other prosthetic device; provided, 43 however, that the failure of such accessibility in accordance herewith, 44 upon diligent effort to have provided same, shall have no effect upon 45 any actions or proceedings taken at any such subject hearings; 46 (iv) include a statement that interpreter services shall be made 47 available to deaf persons, at no charge, upon written request to such 48 agency representative as shall be designated pursuant to subparagraph 49 [(viii)] (ix) of this paragraph within a reasonable time prior to any 50 scheduled public hearing or hearings. If interpreter services are 51 requested, the agency conducting the rule making proceeding in all 52 instances shall appoint a qualified interpreter who is certified by a 53 recognized national or New York state credentialing authority to inter- 54 pret the proceedings to, and the testimony of, such deaf person. Such 55 agency shall determine a reasonable fee for all such interpreting 56 services which shall be a charge upon the agency;A. 5383 3 1 (v) contain the complete text of the proposed rule, provided, however, 2 if such text exceeds two thousand words, the notice shall contain only a 3 description of the subject, purpose and substance of such rule in less 4 than two thousand words and shall identify the address of the website on 5 which the full text has been posted; 6 (vi) include the need for such rule, whether the rule is duplicative 7 of any other rule or regulation, whether the rule reflects or utilizes 8 current technology, and whether the rule reflects current industry prac- 9 tices and standards; 10 (vii) include a regulatory impact statement prepared pursuant to 11 section two hundred two-a of this article, provided, however, if such 12 statement exceeds two thousand words, the notice shall include only a 13 summary of such statement in less than two thousand words and the full 14 text of such statement shall be posted on a website maintained by the 15 agency or another state entity until such statement is revised or the 16 proposed rule is adopted or withdrawn or expires pursuant to this arti- 17 cle; 18 [(vii)] (viii) include a regulatory flexibility analysis and a rural 19 area flexibility analysis prepared pursuant to sections two hundred 20 two-b and two hundred two-bb of this article, provided, however, if an 21 analysis exceeds two thousand words, the notice shall include only a 22 summary of such analysis in less than two thousand words and the full 23 text of such analysis shall be posted on a website maintained by the 24 agency or another state entity until such analysis is revised or the 25 proposed rule is adopted or withdrawn or expires pursuant to this arti- 26 cle; 27 [(viii)] (ix) give the name, public office address and telephone 28 number of an agency representative, who is knowledgeable on the proposed 29 rule, from whom the complete text of such rule and any scientific or 30 statistical study, report and analysis that served as the basis for the 31 rule and any supporting data, the regulatory impact statement, the regu- 32 latory flexibility analysis, and the rural area flexibility analysis may 33 be obtained; from whom information about any public hearing may be 34 obtained; and to whom written data, views and arguments may be submit- 35 ted; and 36 [(ix)] (x) include any additional matter required by statute. 37 § 3. Paragraph (c) of subdivision 5 of section 202 of the state admin- 38 istrative procedure act, as amended by chapter 610 of the laws of 1987, 39 subparagraph (iii) as amended, subparagraph (ix) as added and subpara- 40 graph (x) as renumbered by chapter 850 of the laws of 1990, subpara- 41 graphs (v) and (vi) as amended by chapter 304 of the laws of 2016 and 42 subparagraph (viii) as amended by chapter 171 of the laws of 1994, is 43 amended to read as follows: 44 (c) The notice of adoption shall: 45 (i) cite the statutory authority, including particular sections and 46 subdivisions, under which the rule is adopted; 47 (ii) contain the complete text of the rule as adopted, provided, 48 however, if such text exceeds two thousand words, the notice shall 49 contain only a description of the subject, purpose and substance of such 50 rule in less than two thousand words; 51 (iii) state whether there have been any changes in the text of the 52 rule as adopted when compared with the text of the latest published 53 version of the proposed rule, and if such changes have occurred, cite 54 the particular sections, subdivisions and paragraphs so changed; 55 (iv) give the effective date of the rule;A. 5383 4 1 (v) include the need for such rule, whether the rule is duplicative of 2 any other rule or regulation, whether the rule reflects or utilizes 3 current technology, and whether the rule reflects current industry prac- 4 tices and standards; 5 (vi) include a revised regulatory impact statement, when required by 6 the provisions of paragraph (b) of subdivision six of section two 7 hundred two-a of this article, provided, however, if such statement 8 exceeds two thousand words, the notice shall include only a summary of 9 such statement in less than two thousand words; 10 [(vi)] (vii) include a revised regulatory flexibility analysis and a 11 rural area flexibility analysis, when required by the provisions of 12 paragraph (b) of subdivision seven of section two hundred two-b and 13 paragraph (b) of subdivision eight of section two hundred two-bb of this 14 article, provided, however, if such statement exceeds two thousand 15 words, the notice shall include only a summary of such statement in less 16 than two thousand words; 17 [(vii)] (viii) include the assessment of public comment, prepared 18 pursuant to paragraph (b) of this subdivision, provided, however, if 19 such assessment exceeds two thousand words, the notice shall include 20 only a summary of such assessment in less than two thousand words; 21 [(viii)] (ix) give the name, public office address and telephone 22 number of an agency representative from whom the complete text of the 23 rule and any revised regulatory impact statement, revised regulatory 24 flexibility analysis, rural area flexibility analysis or assessment of 25 comments may be obtained; [and26(ix)] (x) state whether any notice of revised rule making had been 27 submitted for such rule making and specify the date or dates that such 28 notice or notices appeared in the state register; and 29 [(x)] (xi) include any additional matter required by statute. 30 § 4. This act shall take effect immediately.
