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) 2019-02-11 - referred to 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 legal
    23  basis 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.
                                                                   LBD02810-01-9

        A. 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; [and
    26    (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.
feedback