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;
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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;
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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.