S T A T E O F N E W Y O R K
________________________________________________________________________
10242
I N A S S E M B L Y
May 17, 2016
___________
Introduced by M. of A. ZEBROWSKI, PEOPLES-STOKES -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to
regulatory agendas; and to amend chapter 402 of the laws of 1994,
amending the state administrative procedure act relating to requiring
certain agencies to submit regulatory agendas for publication in the
state register, in relation to extending the expiration of certain
provisions of such chapter
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 202-d of the state administrative
procedure act, as amended by chapter 193 of the laws of 2008, paragraphs
(a), (b), and (c) as amended by chapter 462 of the laws of 2012, and
paragraph (d) as amended by section 6 of part O of chapter 60 of the
laws of 2011, is amended to read as follows:
1. (a) The departments of health, education, environmental conserva-
tion, financial services, labor, agriculture and markets, motor vehicles
and state, the offices of children and family services and temporary and
disability assistance, the division of housing and community renewal,
THE STATE GAMING COMMISSION, THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES and the workers' compensation
board, and any other department OR AGENCY specified by the governor or
his or her designee shall, and any other agency may, in its discretion,
submit to the secretary of state, for publication in [the first] ANY
regular issue of the state register published during the month of Janu-
ary [and the last regular issue of the state register published in
June], a regulatory agenda to solicit comments concerning any rule which
the agency is considering to propose, but for which no notice of
proposed rule making has been submitted pursuant to subdivision one of
section two hundred two of this article.
(b) A regulatory agenda shall be comprised of a list and brief
description of subject matter being considered for rule making and the
name, public office, address, e-mail address and telephone number of the
agency representative, knowledgeable on such regulatory agenda, from
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15418-01-6
A. 10242 2
whom any information may be obtained, INCLUDING ANY DRAFT VERSION OF A
POTENTIAL RULE THAT AN AGENCY IS MAKING PUBLICLY AVAILABLE, and to whom
written comments may be submitted concerning such regulatory agenda.
(c) Agencies shall publish the regulatory agendas and information
related to such agendas on their respective websites. An agency may
[maintain a continuously updated regulatory agenda, wherein] UPDATE THE
REGULATORY AGENDA ON ITS WEBSITE BY ADDING a description of a rule [is
added when the agency begins] WHICH THE AGENCY HAS BEGUN to consider
proposing [it and is removed when the agency proposes such rule or is no
longer considering to propose such a rule] AFTER PUBLICATION OF ITS
REGULATORY AGENDA IN THE STATE REGISTER. Such description shall identi-
fy the date on which the description is first listed in the regulatory
agenda and shall conspicuously indicate that the description has been
newly listed for a period of not less than thirty days after such date.
[In any year that an agency maintains a continuously updated regulatory
agenda, it shall not be required to publish a regulatory agenda in the
last regular issue of the state register in June. The agency shall
inform the public that it maintains an updated regulatory agenda on its
website and shall list the address of its website in a notice published
with the regulatory agenda such agency submits for publication in Janu-
ary. The secretary of state shall republish this notice in the last
regular issue in June.] UPDATING A REGULATORY AGENDA ON ITS WEBSITE
SHALL NOT REQUIRE AN AGENCY TO SUBMIT ANY ADDITIONAL INFORMATION FOR
PUBLICATION IN THE STATE REGISTER RELATED TO SUCH UPDATE.
(d) An agency shall identify each rule described in its regulatory
agenda for which a regulatory flexibility analysis or a rural area flex-
ibility analysis may be required, and shall provide outreach as appro-
priate to potentially affected small businesses, local governments and
public and private interests in rural areas. Such outreach may include
solicitation of input from potentially affected parties through elec-
tronic means or through any of the activities listed in subdivision six
of section two hundred two-b and subdivision seven of section two
hundred two-bb of this article.
S 2. Section 2 of chapter 402 of the laws of 1994, amending the state
administrative procedure act relating to requiring certain agencies to
submit regulatory agendas for publication in the state register, as
amended by chapter 462 of the laws of 2012, is amended to read as
follows:
S 2. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law and shall expire
and be deemed repealed on December 31, [2016] 2020, and upon such date
the provisions of subdivisions 1 and 2 of section 202-d of the state
administrative procedure act as amended by section one of this act shall
revert to and be read as set out in law on the date immediately preced-
ing such effective date.
S 3. This act shall take effect immediately and shall apply to all
regulatory agendas published on or after such date; provided, however,
that the amendments to subdivision 1 of section 202-d of the state
administrative procedure act made by section one of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith.