Bill Text: NY S00861 | 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 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S00861 Detail]

Download: New_York-2019-S00861-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           861
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
                                       ___________
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Commerce, Economic  Devel-
          opment and Small Business
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02810-01-9

        S. 861                              2
     1  regulation, (d) whether the rule reflects or utilizes current  technolo-
     2  gy,  and  (e)  whether  the rule reflects current industry practices and
     3  standards. The agency shall invite public comment on the continuation or
     4  modification of the rule and shall indicate the last date for submission
     5  of  comments  which shall be not less than forty-five days from the date
     6  of publication. An agency shall also publish the list of rules that must
     7  be reviewed pursuant to this section on its website.   If  the  original
     8  notice  of  proposed rule making for a listed rule required the prepara-
     9  tion of a regulatory flexibility  analysis,  a  rural  area  flexibility
    10  analysis,  or  a  job impact statement, the agency shall so indicate and
    11  shall provide outreach as  appropriate  to  potentially  affected  small
    12  businesses,  local governments and public and private interests in rural
    13  areas that the rule is being reviewed. Such outreach may include  solic-
    14  itation  of  input through electronic means or through any of the activ-
    15  ities listed in subdivision six of section two hundred two-b and  subdi-
    16  vision seven of section two hundred two-bb of this article.
    17    4.  If  an  agency determines that a rule subject to the provisions of
    18  this section should continue without modification, it  shall  publish  a
    19  notice  to  that effect, which shall identify the rule and the statutory
    20  authority for the rule, and include a statement setting forth a reasoned
    21  justification for continuation of the rule without modification  and  an
    22  assessment  of  public comments, prepared in accordance with subdivision
    23  four-a of section two hundred two of this [chapter] article, which  were
    24  submitted  to  the  agency in response to the listing of the rule in the
    25  regulatory agenda, and a summary of the analysis required under subdivi-
    26  sion two of this section.
    27    § 2. Paragraph (f) of subdivision 1 of section 202 of the state admin-
    28  istrative procedure act, as amended by chapter 610 of the laws of  1987,
    29  subparagraph (iv) as amended by chapter 703 of the laws of 1991, subpar-
    30  agraphs  (v),  (vi)  and  (vii) as amended by chapter 304 of the laws of
    31  2016, and subparagraph (viii) as amended by chapter 229 of the  laws  of
    32  2000, is amended to read as follows:
    33    (f) The notice of proposed rule making shall:
    34    (i)  cite  the  statutory authority, including particular sections and
    35  subdivisions, under which the rule is proposed for adoption;
    36    (ii) give the date, time and place of any public hearing  or  hearings
    37  which are scheduled;
    38    (iii) state whether or not the place of any public hearing or hearings
    39  shall  be  reasonably  accessible to persons with a mobility impairment;
    40  for purposes hereof, "persons with a  mobility  impairment"  shall  mean
    41  those persons with a physical impairment which is permanent and severely
    42  limits  that  person's  mobility,  or a person who is unable to ambulate
    43  without the aid of a wheelchair or other  prosthetic  device;  provided,
    44  however,  that the failure of such accessibility in accordance herewith,
    45  upon diligent effort to have provided same, shall have  no  effect  upon
    46  any actions or proceedings taken at any such subject hearings;
    47    (iv)  include  a  statement  that  interpreter  services shall be made
    48  available to deaf persons, at no charge, upon written  request  to  such
    49  agency  representative  as  shall be designated pursuant to subparagraph
    50  [(viii)] (ix) of this paragraph within a reasonable time  prior  to  any
    51  scheduled  public  hearing  or  hearings.  If  interpreter  services are
    52  requested, the agency conducting  the  rule  making  proceeding  in  all
    53  instances  shall  appoint  a qualified interpreter who is certified by a
    54  recognized national or New York state credentialing authority to  inter-
    55  pret  the  proceedings  to, and the testimony of, such deaf person. Such

        S. 861                              3
     1  agency shall determine  a  reasonable  fee  for  all  such  interpreting
     2  services which shall be a charge upon the agency;
     3    (v) contain the complete text of the proposed rule, provided, however,
     4  if such text exceeds two thousand words, the notice shall contain only a
     5  description  of  the subject, purpose and substance of such rule in less
     6  than two thousand words and shall identify the address of the website on
     7  which the full text has been posted;
     8    (vi) include the need for such rule, whether the rule  is  duplicative
     9  of  any  other rule or regulation, whether the rule reflects or utilizes
    10  current technology, and whether the rule reflects current industry prac-
    11  tices and standards;
    12    (vii) include a  regulatory  impact  statement  prepared  pursuant  to
    13  section  two  hundred  two-a of this article, provided, however, if such
    14  statement exceeds two thousand words, the notice shall  include  only  a
    15  summary  of  such statement in less than two thousand words and the full
    16  text of such statement shall be posted on a website  maintained  by  the
    17  agency  or  another  state entity until such statement is revised or the
    18  proposed rule is adopted or withdrawn or expires pursuant to this  arti-
    19  cle;
    20    [(vii)]  (viii)  include a regulatory flexibility analysis and a rural
    21  area flexibility analysis prepared  pursuant  to  sections  two  hundred
    22  two-b  and  two hundred two-bb of this article, provided, however, if an
    23  analysis exceeds two thousand words, the notice  shall  include  only  a
    24  summary  of  such  analysis in less than two thousand words and the full
    25  text of such analysis shall be posted on a  website  maintained  by  the
    26  agency  or  another  state  entity until such analysis is revised or the
    27  proposed rule is adopted or withdrawn or expires pursuant to this  arti-
    28  cle;
    29    [(viii)]  (ix)  give  the  name,  public  office address and telephone
    30  number of an agency representative, who is knowledgeable on the proposed
    31  rule, from whom the complete text of such rule  and  any  scientific  or
    32  statistical  study, report and analysis that served as the basis for the
    33  rule and any supporting data, the regulatory impact statement, the regu-
    34  latory flexibility analysis, and the rural area flexibility analysis may
    35  be obtained; from whom information  about  any  public  hearing  may  be
    36  obtained;  and  to whom written data, views and arguments may be submit-
    37  ted; and
    38    [(ix)] (x) include any additional matter required by statute.
    39    § 3. Paragraph (c) of subdivision 5 of section 202 of the state admin-
    40  istrative procedure act, as amended by chapter 610 of the laws of  1987,
    41  subparagraph  (iii)  as amended, subparagraph (ix) as added and subpara-
    42  graph (x) as renumbered by chapter 850 of the  laws  of  1990,  subpara-
    43  graphs  (v)  and  (vi) as amended by chapter 304 of the laws of 2016 and
    44  subparagraph (viii) as amended by chapter 171 of the laws  of  1994,  is
    45  amended to read as follows:
    46    (c) The notice of adoption shall:
    47    (i)  cite  the  statutory authority, including particular sections and
    48  subdivisions, under which the rule is adopted;
    49    (ii) contain the complete text  of  the  rule  as  adopted,  provided,
    50  however,  if  such  text  exceeds  two  thousand words, the notice shall
    51  contain only a description of the subject, purpose and substance of such
    52  rule in less than two thousand words;
    53    (iii) state whether there have been any changes in  the  text  of  the
    54  rule  as  adopted  when  compared  with the text of the latest published
    55  version of the proposed rule, and if such changes  have  occurred,  cite
    56  the particular sections, subdivisions and paragraphs so changed;

        S. 861                              4
     1    (iv) give the effective date of the rule;
     2    (v) include the need for such rule, whether the rule is duplicative of
     3  any  other  rule  or  regulation,  whether the rule reflects or utilizes
     4  current technology, and whether the rule reflects current industry prac-
     5  tices and standards;
     6    (vi) include a revised regulatory impact statement, when  required  by
     7  the  provisions  of  paragraph  (b)  of  subdivision  six of section two
     8  hundred two-a of this article,  provided,  however,  if  such  statement
     9  exceeds  two  thousand words, the notice shall include only a summary of
    10  such statement in less than two thousand words;
    11    [(vi)] (vii) include a revised regulatory flexibility analysis  and  a
    12  rural  area  flexibility  analysis,  when  required by the provisions of
    13  paragraph (b) of subdivision seven of  section  two  hundred  two-b  and
    14  paragraph (b) of subdivision eight of section two hundred two-bb of this
    15  article,  provided,  however,  if  such  statement  exceeds two thousand
    16  words, the notice shall include only a summary of such statement in less
    17  than two thousand words;
    18    [(vii)] (viii) include the  assessment  of  public  comment,  prepared
    19  pursuant  to  paragraph  (b)  of this subdivision, provided, however, if
    20  such assessment exceeds two thousand words,  the  notice  shall  include
    21  only a summary of such assessment in less than two thousand words;
    22    [(viii)]  (ix)  give  the  name,  public  office address and telephone
    23  number of an agency representative from whom the complete  text  of  the
    24  rule  and  any  revised  regulatory impact statement, revised regulatory
    25  flexibility analysis, rural area flexibility analysis or  assessment  of
    26  comments may be obtained; [and
    27    (ix)]  (x)  state  whether  any notice of revised rule making had been
    28  submitted for such rule making and specify the date or dates  that  such
    29  notice or notices appeared in the state register; and
    30    [(x)] (xi) include any additional matter required by statute.
    31    § 4. This act shall take effect immediately.
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