S T A T E O F N E W Y O R K
________________________________________________________________________
406--A
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sens. GALLIVAN, AVELLA, BONACIC, DeFRANCISCO, FELDER,
LARKIN, LAVALLE, MARCHIONE, MURPHY, RANZENHOFER, SEWARD, VALESKY --
read twice and ordered printed, and when printed to be committed to
the Committee on Commerce, Economic Development and Small Business --
recommitted to the Committee on Commerce, Economic Development and
Small Business in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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:
Section 1. Paragraph (a) of subdivision 1 and subdivisions 2 and 4 of
section 207 of the state administrative procedure act, paragraph (a) of
subdivision 1 and subdivision 2 as amended by chapter 462 of the laws of
2012 and subdivision 4 as added by chapter 262 of the laws of 1996, are
amended to read as follows:
(a) Unless the contrary is specifically provided by paragraph (b) of
this subdivision or by another law, any rule which is adopted on or
after the effective date of this section shall be reviewed in the calen-
dar year specified in the notice of adoption for the rule, provided that
at a minimum every rule shall be initially reviewed no later than in the
fifth calendar year after the year in which the rule is adopted, and,
thereafter, every rule shall be re-reviewed at five-year intervals. ALL
RULES ADOPTED BEFORE THE EFFECTIVE DATE OF THIS SECTION SHALL BE
INITIALLY REVIEWED NO LATER THAN IN THE TWO THOUSAND TWENTY-ONE CALENDAR
YEAR, AND, THEREAFTER, EVERY RULE SHALL BE RE-REVIEWED AT FIVE-YEAR
INTERVALS.
2. An agency shall submit for publication in the regulatory agenda
published in January pursuant to section two hundred two-d of this arti-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01152-03-6
S. 406--A 2
cle a list of the rules which must be reviewed pursuant to subdivision
one of this section in the ensuing calendar year. In addition to the
information required by such section two hundred two-d, for each rule so
listed the agency shall provide an analysis of [the need for and legal
basis of such rule,]: (A) THE NEED FOR SUCH RULE, (B) THE LEGAL BASIS
OF SUCH RULE, (C) WHETHER THE RULE IS DUPLICATIVE OF ANY OTHER RULE OR
REGULATION, (D) WHETHER THE RULE REFLECTS OR UTILIZES CURRENT TECHNOLO-
GY, AND (E) WHETHER THE RULE REFLECTS CURRENT INDUSTRY PRACTICES AND
STANDARDS. THE AGENCY shall invite public comment on the continuation or
modification of the rule and shall indicate the last date for submission
of comments which shall be not less than forty-five days from the date
of publication. An agency shall also publish the list of rules that must
be reviewed pursuant to this section on its website. If the original
notice of proposed rule making for a listed rule required the prepara-
tion of a regulatory flexibility analysis, a rural area flexibility
analysis, or a job impact statement, the agency shall so indicate and
shall provide outreach as appropriate to potentially affected small
businesses, local governments and public and private interests in rural
areas that the rule is being reviewed. Such outreach may include solic-
itation of input through electronic means or through any of the activ-
ities listed in subdivision six of section two hundred two-b and subdi-
vision seven of section two hundred two-bb of this article.
4. If an agency determines that a rule subject to the provisions of
this section should continue without modification, it shall publish a
notice to that effect, which shall identify the rule and the statutory
authority for the rule, and include a statement setting forth a reasoned
justification for continuation of the rule without modification and an
assessment of public comments, prepared in accordance with subdivision
four-a of section two hundred two of this [chapter] ARTICLE, which were
submitted to the agency in response to the listing of the rule in the
regulatory agenda, AND A SUMMARY OF THE ANALYSIS REQUIRED UNDER SUBDIVI-
SION TWO OF THIS SECTION.
S 2. Paragraph (f) of subdivision 1 of section 202 of the state admin-
istrative procedure act, as amended by chapter 610 of the laws of 1987,
subparagraph (iv) as amended by chapter 703 of the laws of 1991, subpar-
agraph (v) as amended by chapter 429 of the laws of 2003, subparagraph
(vii) as amended by chapter 171 of the laws of 1994 and subparagraph
(viii) as amended by chapter 229 of the laws of 2000, is amended to read
as follows:
(f) The notice of proposed rule making shall:
(i) cite the statutory authority, including particular sections and
subdivisions, under which the rule is proposed for adoption;
(ii) give the date, time and place of any public hearing or hearings
which are scheduled;
(iii) state whether or not the place of any public hearing or hearings
shall be reasonably accessible to persons with a mobility impairment;
for purposes hereof, "persons with a mobility impairment" shall mean
those persons with a physical impairment which is permanent and severely
limits that person's mobility, or a person who is unable to ambulate
without the aid of a wheelchair or other prosthetic device; provided,
however, that the failure of such accessibility in accordance herewith,
upon diligent effort to have provided same, shall have no effect upon
any actions or proceedings taken at any such subject hearings;
(iv) include a statement that interpreter services shall be made
available to deaf persons, at no charge, upon written request to such
agency representative as shall be designated pursuant to subparagraph
S. 406--A 3
[(viii)] (IX) of this paragraph within a reasonable time prior to any
scheduled public hearing or hearings. If interpreter services are
requested, the agency conducting the rule making proceeding in all
instances shall appoint a qualified interpreter who is certified by a
recognized national or New York state credentialing authority to inter-
pret the proceedings to, and the testimony of, such deaf person. Such
agency shall determine a reasonable fee for all such interpreting
services which shall be a charge upon the agency;
(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 THE NEED FOR SUCH RULE, WHETHER THE RULE IS DUPLICATIVE
OF ANY OTHER RULE OR REGULATION, WHETHER THE RULE REFLECTS OR UTILIZES
CURRENT TECHNOLOGY, AND WHETHER THE RULE REFLECTS CURRENT INDUSTRY PRAC-
TICES AND STANDARDS;
(VII) 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;
[(vii)] (VIII) include a regulatory flexibility analysis and a rural
area flexibility analysis prepared pursuant to sections two hundred
two-b and two hundred two-bb of this [chapter] ARTICLE, provided, howev-
er, if an analysis exceeds two thousand words, the notice shall include
only a summary of such analysis in less than two thousand words;
[(viii)] (IX) give the name, public office address and telephone
number of an agency representative, who is knowledgeable on the proposed
rule, from whom the complete text of such rule and any scientific or
statistical study, report and analysis that served as the basis for the
rule and any supporting data, the regulatory impact statement, the regu-
latory flexibility analysis, and the rural area flexibility analysis may
be obtained; from whom information about any public hearing may be
obtained; and to whom written data, views and arguments may be submit-
ted; and
[(ix)] (X) include any additional matter required by statute.
S 3. Paragraph (c) of subdivision 5 of section 202 of the state admin-
istrative procedure act, as amended by chapter 610 of the laws of 1987,
subparagraph (iii) as amended, subparagraph (ix) as added and subpara-
graph (x) as renumbered by chapter 850 of the laws of 1990 and subpara-
graphs (vi) and (viii) as amended by chapter 171 of the laws of 1994, is
amended to read as follows:
(c) The notice of adoption shall:
(i) cite the statutory authority, including particular sections and
subdivisions, under which the rule is adopted;
(ii) contain the complete text of the rule as adopted, 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;
(iii) state whether there have been any changes in the text of the
rule as adopted when compared with the text of the latest published
version of the proposed rule, and if such changes have occurred, cite
the particular sections, subdivisions and paragraphs so changed;
(iv) give the effective date of the rule;
(v) INCLUDE THE NEED FOR SUCH RULE, WHETHER THE RULE IS DUPLICATIVE OF
ANY OTHER RULE OR REGULATION, WHETHER THE RULE REFLECTS OR UTILIZES
S. 406--A 4
CURRENT TECHNOLOGY, AND WHETHER THE RULE REFLECTS CURRENT INDUSTRY PRAC-
TICES AND STANDARDS;
(VI) include a revised regulatory impact statement, when required by
the provisions of [subparagraph (ii) of] paragraph [(a)] (II) of subdi-
vision 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)] (VII) include a revised regulatory flexibility analysis and
rural area flexibility analysis, when required by the provisions of
[subparagraph (ii) of] paragraph [(a)] (II) 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;
[(vii)] (VIII) include the assessment of public comment, prepared
pursuant to paragraph (b) of this subdivision, provided, however, if
such assessment exceeds two thousand words, the notice shall include
only a summary of such assessment in less than two thousand words;
[(viii)] (IX) give the name, public office address and telephone
number of an agency representative from whom the complete text of the
rule and any revised regulatory impact statement, revised regulatory
flexibility analysis, rural area flexibility analysis or assessment of
comments may be obtained; [and
(ix)] (X) state whether any notice of revised rule making had been
submitted for such rule making and specify the date or dates that such
notice or notices appeared in the state register; and
[(x)] (XI) include any additional matter required by statute.
S 4. This act shall take effect immediately.
