S T A T E O F N E W Y O R K
________________________________________________________________________
9612
I N A S S E M B L Y
March 22, 2016
___________
Introduced by M. of A. ZEBROWSKI, THIELE, McDONALD, GOTTFRIED, SIMON,
CAHILL, BUCHWALD, SKOUFIS, GALEF, MONTESANO, CORWIN, McKEVITT --
Multi-Sponsored by -- M. of A. COOK, ENGLEBRIGHT, MAGEE, McDONOUGH,
NOLAN, ROBINSON, SANTABARBARA -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to
online posting of full text of rules, statements and analyses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (g) of subdivision 2 of section 201-a of the
state administrative procedure act, as added by chapter 189 of the laws
of 1996, is amended to read as follows:
(g) When any statement issued pursuant to this section exceeds two
thousand words, the agency shall prepare a summary of such statement in
less than two thousand words FOR PUBLICATION IN THE STATE REGISTER IN
WHICH IT SHALL IDENTIFY THE WEBSITE OF THE AGENCY, OR OF ANOTHER STATE
ENTITY, ON WHICH THE FULL TEXT OF THE STATEMENT HAS BEEN POSTED.
S 2. Paragraph (a) of subdivision 1 of section 202 of the state admin-
istrative procedure act, as amended by chapter 429 of the laws of 2003,
is amended to read as follows:
(a) Prior to the adoption of a rule, an agency shall submit a notice
of proposed rule making to the secretary of state for publication in the
state register and shall afford the public an opportunity to submit
comments on the proposed rule. Unless a different time is specified by
statute [or this paragraph], the notice of proposed rule making must
appear in the state register at least forty-five days prior to either
(i) the addition, amendment or repeal of a rule for which statute does
not require that a public hearing be held prior to adoption, or
(ii) the first public hearing on a proposed rule for which such hear-
ing is so required.
The notice of proposed rule making shall indicate the last date for
submission of comments on the proposed rule, which, unless a different
time is specified in statute or this paragraph, shall be not less than
forty-five days after the date of publication of such notice, or, if
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14398-02-6
A. 9612 2
statute requires that a public hearing be held prior to adoption, not
less than five days after the date of the last public hearing scheduled
to be held on the proposed rule. Notwithstanding any other provision of
this paragraph, when the notice of proposed rule making contains only a
description of the subject, purpose and substance of the rule as
provided in subparagraph (v) of paragraph (f) of this subdivision, [and]
the full text of the proposed rule [has not been] SHALL BE posted on a
website maintained by the agency or another state entity[, the last date
for submission of comments shall be not less than sixty days after the
date of publication of such notice, unless the rule is a consensus rule
or a] AND SHALL REMAIN POSTED UNTIL SUCH PROPOSED RULE IS ADOPTED,
REVISED, WITHDRAWN OR EXPIRES PURSUANT TO THIS ARTICLE, EXCEPT THAT SUCH
WEB POSTING SHALL NOT BE REQUIRED FOR ANY rule defined in subparagraph
(ii) of paragraph (a) of subdivision two of section one hundred two of
this chapter.
S 3. Subparagraphs (v), (vi) and (vii) of paragraph (f) of subdivision
1 of section 202 of the state administrative procedure act, subparagraph
(v) as amended by chapter 429 of the laws of 2003, subparagraph (vi) as
amended by chapter 610 of the laws of 1987 and subparagraph (vii) as
amended by chapter 171 of the laws of 1994, are amended to read as
follows:
(v) contain the complete text of the proposed rule, provided, however,
if such text exceeds two thousand words, the notice shall contain only a
description of the subject, purpose and substance of such rule in less
than two thousand words and shall identify the address of the website[,
if any,] on which the full text has been posted;
(vi) include a regulatory impact statement prepared pursuant to
section two hundred two-a of this [chapter] ARTICLE, provided, however,
if such statement exceeds two thousand words, the notice shall include
only a summary of such statement in less than two thousand words AND
THE FULL TEXT OF SUCH STATEMENT SHALL BE POSTED ON A WEBSITE MAINTAINED
BY THE AGENCY OR ANOTHER STATE ENTITY UNTIL SUCH STATEMENT IS REVISED OR
THE PROPOSED RULE IS ADOPTED OR WITHDRAWN OR EXPIRES PURSUANT TO THIS
ARTICLE;
(vii) include a regulatory flexibility analysis and a rural area flex-
ibility analysis prepared pursuant to sections two hundred two-b and two
hundred two-bb of this [chapter] ARTICLE, provided, however, if an anal-
ysis exceeds two thousand words, the notice shall include only a summary
of such analysis in less than two thousand words AND THE FULL TEXT OF
SUCH ANALYSIS SHALL BE POSTED ON A WEBSITE MAINTAINED BY THE AGENCY OR
ANOTHER STATE ENTITY UNTIL SUCH ANALYSIS IS REVISED OR THE PROPOSED RULE
IS ADOPTED OR WITHDRAWN OR EXPIRES PURSUANT TO THIS ARTICLE;
S 4. Subparagraphs (ii), (v) and (vi) of paragraph (c) of subdivision
4-a of section 202 of the state administrative procedure act, subpara-
graphs (ii) and (v) as added by chapter 336 of the laws of 1989, subpar-
agraph (vi) as amended by chapter 171 of the laws of 1994 and such para-
graph as relettered by chapter 335 of the laws of 1992, are amended to
read as follows:
(ii) contain the complete revised text of the proposed rule, provided,
however, if such text exceeds two thousand words, the notice may contain
only a description of the subject, purpose and substance of such rule in
less than two thousand words AND SHALL IDENTIFY THE WEBSITE OF THE AGEN-
CY, OR OF ANOTHER STATE ENTITY, ON WHICH THE COMPLETE REVISED TEXT HAS
BEEN POSTED;
(v) include a revised regulatory impact statement, when required by
the provisions of [subparagraph (ii) of] paragraph [(a)] (B) of subdivi-
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sion six of section two hundred two-a of this [chapter] ARTICLE,
provided, however, if such statement exceeds two thousand words, the
notice shall include only a summary of such statement in less than two
thousand words AND SHALL IDENTIFY THE WEBSITE OF THE AGENCY, OR OF
ANOTHER STATE ENTITY, ON WHICH THE COMPLETE REVISED TEXT HAS BEEN
POSTED;
(vi) include a revised regulatory flexibility analysis and a rural
area flexibility analysis, when required by the provisions [of subpara-
graph (ii)] of paragraph [(a)] (B) of subdivision seven of section two
hundred two-b and paragraph (b) of subdivision eight of section two
hundred two-bb of this [chapter] ARTICLE, provided, however, if such
[statement] ANALYSIS exceeds two thousand words, the notice shall
include only a summary of such [statement] ANALYSIS in less than two
thousand words AND SHALL IDENTIFY THE WEBSITE OF THE AGENCY, OR OF
ANOTHER STATE ENTITY, ON WHICH THE FULL TEXT OF THE REVISED ANALYSIS HAS
BEEN POSTED;
S 5. Paragraph (c) of subdivision 4-a of section 202 of the state
administrative procedure act, as amended by chapter 210 of the laws of
1998 is relettered paragraph (d).
S 6. Subparagraphs (v) and (vi) of paragraph (c) of subdivision 5 of
section 202 of the state administrative procedure act, subparagraph (v)
as amended by chapter 610 of the laws of 1987 and subparagraph (vi) as
amended by chapter 171 of the laws of 1994, are amended to read as
follows:
(v) include a revised regulatory impact statement, when required by
the provisions of [subparagraph (ii) of] paragraph [(a)] (B) of subdivi-
sion six of section two hundred two-a of this [chapter] ARTICLE,
provided, however, if such statement exceeds two thousand words, the
notice shall include only a summary of such statement in less than two
thousand words;
(vi) include a revised regulatory flexibility analysis and a rural
area flexibility analysis, when required by the provisions of [subpara-
graph (ii) of] paragraph [(a)] (B) of subdivision seven of section two
hundred two-b and paragraph (b) of subdivision eight of section two
hundred two-bb of this [chapter] ARTICLE, provided, however, if such
statement exceeds two thousand words, the notice shall include only a
summary of such statement in less than two thousand words;
S 7. Subdivision 6 of section 202-a of the state administrative proce-
dure act, as amended by chapter 850 of the laws of 1990, is amended to
read as follows:
6. Each agency shall issue a revised regulatory impact statement when:
[(i)] (A) the information presented in the statement is inadequate or
incomplete, provided, however, such revised statement shall be submitted
as soon as practicable to the secretary of state for publication in the
state register, provided, further, if such statement exceeds two thou-
sand words, the notice shall include only a summary of such statement in
less than two thousand words;
[(ii)] (B) a proposed rule contains any substantial revisions and such
revisions necessitate that such statement be modified. A revised state-
ment shall describe the reasons for such changes and shall include any
modifications in the regulatory impact statement that are necessary as a
result of such changes; or
[(iii)] (C) there are no substantial revisions in the proposed rule
but there are changes in the text of the rule as adopted when compared
with the text of the latest published version of the proposed rule and
such changes would necessitate that such statement be modified. A
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revised statement shall describe the reasons for such changes and shall
include any modifications in the regulatory impact statement that are
necessary as a result of such changes.
S 8. Subdivision 7 of section 202-b of the state administrative proce-
dure act, as amended by chapter 850 of the laws of 1990, is amended to
read as follows:
7. Each agency shall issue a revised regulatory flexibility analysis
when:
[(i)] (A) the information presented in the analysis submitted pursuant
to this section is inadequate or incomplete, provided, however, such
revised analysis shall be submitted as soon as practicable to the secre-
tary of state for publication in the state register, provided, further,
if such statement exceeds two thousand words, the notice shall include
only a summary of such statement in less than two thousand words;
[(ii)] (B) a proposed rule contains any substantial revisions and such
revisions necessitate that such analysis be modified; or
[(iii)] (C) there are no substantial revisions in the proposed rule
but there are changes in the text of the rule as adopted when compared
with the text of the latest published version of the proposed rule and
such changes would necessitate that such analysis be modified.
S 9. Subdivision 7 of section 202-bb of the state administrative
procedure act, as added by chapter 171 of the laws of 1994, is amended
to read as follows:
7. When any rule is proposed for which a rural area flexibility analy-
sis is required, the agency shall assure that public and private inter-
ests in rural areas have been given an opportunity to participate in the
rule making through such activities as:
[(i)] (A) the publication of a general notice of the proposed rule
making;
[(ii)] (B) notification of public and private interests in rural areas
directly affected by the proposed rule;
[(iii)] (C) the conduct of special public hearings or meetings
concerning the proposed rule for those public and private interests
affected by the rule; and
[(iv)] (D) the adoption or modification of agency procedural rules
that will minimize the cost or complexity of participation in the rule
making.
S 10. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law, and shall apply to
any notice of proposed rule making or notice of revised rule making
published on or after such date.