S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5777--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by M. of A. SIMOTAS, HAWLEY -- read once and referred to the
   Committee on Governmental Operations -- recommitted to  the  Committee
   on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
   -- 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
   negotiated rule making
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "small business negotiated rule making act of 2018".
   § 2. Legislative intent. The legislature hereby finds  that  providing
 additional  opportunities  for  direct small business and public partic-
 ipation in  the  development  of  potentially  controversial  rules  can
 enhance  the  ability  of the agency to develop the most appropriate and
 effective regulatory language, and can reduce the time and expense occa-
 sioned by litigation over the rule. Negotiated rule  making  provides  a
 means  of  improving  the  substance and increasing the acceptability of
 rules, by affording to the agency, regulated small  businesses  and  the
 public  the opportunity for face-to-face negotiations over a rule making
 proposal which is under development by the agency. The  opportunity  for
 representatives  of  the various persons and small businesses interested
 in a rule to meet and communicate with each other provides  a  framework
 for  the  sharing  of  information,  knowledge and expertise in order to
 develop a consensus on the most effective and  appropriate  rule  making
 proposal.    Fair representation of all interested parties and a skilled
 facilitator are essential  elements  of  a  successful  negotiated  rule
 making process.
   Therefore, the legislature declares it to be in the public interest to
 set  forth  a  statutory process for negotiated rule making in the state

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02219-03-8
              

 A. 5777--A                          2
 
 administrative procedure act  as  an  alternative  means  of  developing
 appropriate and effective proposed rules.
   § 3. The state administrative procedure act is amended by adding a new
 article 2-A to read as follows:
                                ARTICLE 2-A
                          NEGOTIATED RULE MAKING
 
 SECTION 250. PURPOSE OF ARTICLE.
         251. DEFINITIONS.
         252. DETERMINATION OF THE NEED FOR NEGOTIATED RULE MAKING.
         253. NOTICE OF PROPOSED COMMITTEE FORMATION.
         254. COMMITTEE ESTABLISHMENT.
         255. CONDUCT OF COMMITTEE ACTIVITIES.
         256. COMMITTEE TERMINATION.
         257. SERVICES,  FACILITIES  AND PAYMENT OF EXPENSES OF COMMITTEE
                MEMBERS.
         258. JUDICIAL REVIEW.
 
   § 250. PURPOSE OF ARTICLE. THE PURPOSE OF THIS ARTICLE IS TO ESTABLISH
 A STATUTORY FRAMEWORK FOR THE  SELECTION  OF  APPROPRIATE  SUBJECTS  FOR
 NEGOTIATED  RULE  MAKING, AND FOR THE CONDUCT OF NEGOTIATED RULE MAKING.
 NOTHING IN THIS ARTICLE IS  INTENDED  TO  LIMIT  OTHER  INNOVATIVE  RULE
 MAKING PROCEDURES OTHERWISE AUTHORIZED BY STATUTE.
   § 251. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "CONSENSUS" MEANS UNANIMOUS CONCURRENCE AMONG THE INTERESTS REPRES-
 ENTED ON A NEGOTIATED RULE MAKING COMMITTEE ESTABLISHED PURSUANT TO THIS
 ARTICLE,  UNLESS  SUCH  COMMITTEE BY UNANIMOUS CONCURRENCE (A) AGREES TO
 DEFINE SUCH TERM TO MEAN A GENERAL BUT NOT UNANIMOUS CONCURRENCE; OR (B)
 AGREES UPON ANOTHER SPECIFIED DEFINITION.
   2.  "FACILITATOR"  MEANS  A  PERSON  WHO  IMPARTIALLY  AIDS   IN   THE
 DISCUSSIONS  AND  NEGOTIATIONS  AMONG  THE  MEMBERS OF A NEGOTIATED RULE
 MAKING COMMITTEE IN DEVELOPING A PROPOSED RULE.
   3. "INTEREST" MEANS, WITH RESPECT TO  AN  ISSUE  OR  MATTER,  MULTIPLE
 PARTIES  WHICH  HAVE  A  SIMILAR POINT OF VIEW OR WHICH ARE LIKELY TO BE
 AFFECTED IN A SIMILAR MANNER.
   4. "NEGOTIATED RULE MAKING" MEANS RULE MAKING THROUGH  THE  USE  OF  A
 NEGOTIATED RULE MAKING COMMITTEE.
   5. "NEGOTIATED RULE MAKING COMMITTEE" OR "COMMITTEE" MEANS AN ADVISORY
 COMMITTEE  ESTABLISHED BY AN AGENCY IN ACCORDANCE WITH THE PROVISIONS OF
 THIS ARTICLE TO CONSIDER AND DISCUSS ISSUES FOR THE PURPOSE OF  REACHING
 A CONSENSUS IN THE DEVELOPMENT OF A PROPOSED RULE.
   §  252.  DETERMINATION  OF  THE NEED FOR NEGOTIATED RULE MAKING. 1. AN
 AGENCY MAY PROPOSE TO ESTABLISH A NEGOTIATED RULE  MAKING  COMMITTEE  TO
 NEGOTIATE  AND DEVELOP A PROPOSED RULE, IF THE HEAD OF THE AGENCY DETER-
 MINES THAT THE USE OF NEGOTIATED RULE MAKING IS APPROPRIATE AND  IN  THE
 PUBLIC  INTEREST.  IN  MAKING  THIS DETERMINATION THE HEAD OF THE AGENCY
 SHALL CONSIDER WHETHER:
   (A) THERE IS A NEED FOR A RULE;
   (B) THERE ARE A LIMITED NUMBER  OF  IDENTIFIABLE  INTERESTS  OR  SMALL
 BUSINESSES THAT WILL BE SIGNIFICANTLY AFFECTED BY THE RULE;
   (C)  THERE  IS  A  REASONABLE  LIKELIHOOD THAT SUCH A COMMITTEE CAN BE
 CONVENED WITH BALANCED REPRESENTATION  OF  PERSONS  WHO  CAN  ADEQUATELY
 REPRESENT  THE  INTEREST IDENTIFIED UNDER PARAGRAPH (B) OF THIS SUBDIVI-
 SION AND WHO ARE WILLING TO NEGOTIATE IN GOOD FAITH TO REACH A CONSENSUS
 ON A PROPOSED RULE;

 A. 5777--A                          3
 
   (D) THERE IS REASONABLE LIKELIHOOD THAT SUCH A COMMITTEE WILL REACH  A
 CONSENSUS ON THE PROPOSED RULE WITHIN A FIXED PERIOD OF TIME;
   (E)  USE  OF  NEGOTIATED  RULE  MAKING WILL NOT UNREASONABLY DELAY THE
 NOTICE OF PROPOSED RULE MAKING AND THE ISSUANCE OF A FINAL RULE;
   (F) THE AGENCY HAS ADEQUATE RESOURCES AND IS WILLING  TO  COMMIT  SUCH
 RESOURCES AS MAY BE NEEDED, INCLUDING TECHNICAL ASSISTANCE, TO A NEGOTI-
 ATED RULE MAKING COMMITTEE;
   (G)  THE  NEGOTIATED  RULE  MAKING  WILL  NOT IMPOSE A DISADVANTAGE ON
 PERSONS WHOSE PARTICIPATION IS ESSENTIAL BUT WHO LACK THE  RESOURCES  TO
 PARTICIPATE,  OR, IF PARTICIPATION WOULD IMPOSE SUCH DISADVANTAGE, IT IS
 LIKELY THAT THE AGENCY MAY OBTAIN AND MAKE AVAILABLE SUCH RESOURCES IN A
 MANNER CONSISTENT WITH SECTION TWO HUNDRED FIFTY-SEVEN OF THIS  ARTICLE;
 AND
   (H) THE AGENCY WILL USE THE CONSENSUS OF THE COMMITTEE WITH RESPECT TO
 THE  PROPOSED  RULE  AS  THE BASIS FOR A RULE PROPOSED BY THE AGENCY FOR
 NOTICE AND COMMENT.
   2. AN AGENCY WHICH DETERMINES THAT THE PROPOSAL OF A  NEGOTIATED  RULE
 MAKING  PROCEEDING  IS  APPROPRIATE  AND  IN  THE  PUBLIC INTEREST SHALL
 PROPOSE SUCH ACTION TO THE COMMITTEE. SUCH PROPOSAL SHALL  INDICATE  THE
 BASIS FOR THE AGENCY'S DETERMINATION, AND SHALL LIST THE INTERESTS WHICH
 THE AGENCY BELIEVES TO BE NECESSARY FOR REPRESENTATION IN THE NEGOTIATED
 RULE  MAKING  PROCEEDING AND THE BASIS FOR DETERMINING THAT THE PROPOSED
 LIST OF INTERESTS IS FAIR AND BALANCED. THE AGENCY'S PROPOSAL  SHALL  BE
 MADE AVAILABLE TO THE PUBLIC ON REQUEST.
   §  253.  NOTICE  OF  PROPOSED  COMMITTEE  FORMATION.  1.  IF AN AGENCY
 APPROVES THE PROPOSAL TO CONDUCT A NEGOTIATED RULE MAKING    PROCEEDING,
 THEN  THE  AGENCY SHALL PUBLISH IN THE STATE REGISTER AND SUCH TRADE AND
 OTHER SPECIALIZED PUBLICATIONS, AND BY SUCH ELECTRONIC MEANS AS IT DEEMS
 APPROPRIATE A NOTICE WHICH SHALL INCLUDE:
   (A) AN ANNOUNCEMENT THAT THE AGENCY INTENDS TO ESTABLISH A  NEGOTIATED
 RULE MAKING COMMITTEE TO NEGOTIATE AND DEVELOP A PROPOSED RULE;
   (B)  A  DESCRIPTION  OF THE SUBJECT AND SCOPE OF THE RULE TO BE DEVEL-
 OPED, AND THE ISSUES TO BE CONSIDERED;
   (C) A LIST OF SMALL BUSINESSES AND OTHER  INTERESTS  WHICH  HAVE  BEEN
 DETERMINED TO BE LIKELY TO BE SIGNIFICANTLY AFFECTED BY THE RULE;
   (D) A LIST OF THE PERSONS PROPOSED TO REPRESENT SUCH INTERESTS AND THE
 PERSON OR PERSONS PROPOSED TO REPRESENT THE AGENCY;
   (E)  A  PROPOSED  AGENDA  AND  SCHEDULE FOR COMPLETING THE WORK OF THE
 COMMITTEE, INCLUDING A TARGET DATE FOR PUBLICATION BY THE  AGENCY  OF  A
 PROPOSED RULE FOR NOTICE AND COMMENT;
   (F)  A  DESCRIPTION  OF  ADMINISTRATIVE  SUPPORT TO BE PROVIDED TO THE
 COMMITTEE BY THE AGENCY;
   (G) A SOLICITATION OF COMMENTS ON THE PROPOSAL TO ESTABLISH A  COMMIT-
 TEE, AND THE PROPOSED MEMBERSHIP OF THE COMMITTEE; AND
   (H)  AN  EXPLANATION  OF  HOW  A  PERSON MAY APPLY TO NOMINATE ANOTHER
 PERSON FOR MEMBERSHIP ON THE COMMITTEE, AS PROVIDED IN SUBDIVISION THREE
 OF THIS SECTION.
   2. SPECIAL EFFORTS SHALL BE MADE BY  THE  AGENCY  TO  SOLICIT  PARTIC-
 IPATION  BY SMALL BUSINESSES, RESIDENTS OF RURAL AREAS, INNER-CITY URBAN
 AREAS, MINORITY AND DISADVANTAGED GROUPS, AND OTHER  INTERESTS  WHO  MAY
 OTHERWISE  NOT  BE REPRESENTED OR MAY BE UNDERREPRESENTED IN THE NEGOTI-
 ATED RULE MAKING PROCEEDING.
   3. PERSONS WHO WOULD BE SIGNIFICANTLY AFFECTED BY A PROPOSED RULE  AND
 WHO  BELIEVE THAT THEIR INTERESTS WOULD NOT BE ADEQUATELY REPRESENTED BY
 ANY PERSON PROPOSED BY THE AGENCY TO REPRESENT THEIR INTERESTS,  OR  WHO
 BELIEVE  THAT  THE PROPOSED REPRESENTATION OF INTERESTS ON THE COMMITTEE

 A. 5777--A                          4
 
 WILL NOT BE FAIR AND BALANCED, MAY APPLY FOR OR NOMINATE ANOTHER  PERSON
 FOR  MEMBERSHIP  ON  THE  COMMITTEE  TO  REPRESENT  SUCH INTERESTS OR TO
 ACHIEVE SUCH BALANCE. EACH APPLICATION OR NOMINATION SHALL INCLUDE:
   (A)  THE  NAME  OF  THE  APPLICANT OR NOMINEE AND A DESCRIPTION OF THE
 INTERESTS SUCH PERSON SHALL REPRESENT;
   (B) INFORMATION THAT THE APPLICANT OR NOMINEE IS QUALIFIED  TO  REPRE-
 SENT SUCH INTERESTS;
   (C)  A WRITTEN COMMITMENT THAT THE APPLICANT OR NOMINEE SHALL ACTIVELY
 PARTICIPATE IN GOOD FAITH IN THE DEVELOPMENT OF THE RULE UNDER CONSIDER-
 ATION; AND
   (D) THE REASONS FOR BELIEVING THAT ANY PERSON OR PERSONS  PROPOSED  TO
 REPRESENT  INTERESTS IN THE NOTICE PUBLISHED PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION WOULD NOT ADEQUATELY  REPRESENT  THE  INTERESTS  OF  THE
 PERSON SUBMITTING THE APPLICATION OR NOMINATION.
   4.  THE  AGENCY SHALL PROVIDE FOR A PERIOD OF AT LEAST THIRTY CALENDAR
 DAYS FOR THE SUBMISSION OF COMMENTS AND APPLICATIONS UNDER THIS SECTION.
   5. ANY SMALL BUSINESS OR PERSON WHO IS  DISSATISFIED  WITH  AN  AGENCY
 DECISION THAT:
   (A)  IT IS NOT NECESSARY TO PROVIDE FOR REPRESENTATION OF THE INTEREST
 WHICH SUCH BUSINESS OR PERSON PROPOSES TO REPRESENT; OR
   (B) AN INDIVIDUAL IS NOT THE BEST QUALIFIED  PERSON  TO  REPRESENT  AN
 INTEREST,  MAY  APPEAL  SUCH  DECISION  TO  THE AGENCY. SUCH BUSINESS OR
 PERSON SHALL ADVISE THE AGENCY OF SUCH  APPEAL  AND  SHALL  PROVIDE  THE
 COMMITTEE  AND  AGENCY WITH A STATEMENT OF THE BASIS FOR SUCH APPEAL. IN
 MAKING A DECISION ON REPRESENTATION OF AN  INTEREST,  EVIDENCE  THAT  AN
 ORGANIZATION HAS AUTHORIZED A PERSON TO REPRESENT IT SHALL BE SUFFICIENT
 TO  DEMONSTRATE THAT SUCH INDIVIDUAL IS BEST QUALIFIED TO REPRESENT THAT
 ORGANIZATION.  THE AGENCY SHALL NOTIFY THE PROPOSED COMMITTEE MEMBERS OF
 THE APPEAL. THE DECISION BY THE AGENCY SHALL  BE  ISSUED  WITHIN  THIRTY
 DAYS AND SHALL BE FINAL.
   §  254.  COMMITTEE  ESTABLISHMENT.  1.  AFTER CONSIDERING COMMENTS AND
 APPLICATIONS SUBMITTED PURSUANT TO SECTION TWO  HUNDRED  FIFTY-THREE  OF
 THIS  ARTICLE,  THE  AGENCY  SHALL  DETERMINE  WHETHER A NEGOTIATED RULE
 MAKING COMMITTEE CAN  ADEQUATELY  REPRESENT,  IN  A  FAIR  AND  BALANCED
 MANNER,  ALL  INTERESTS  THAT  WILL  BE  SIGNIFICANTLY  AFFECTED  BY THE
 PROPOSED RULE, AND WHETHER IT  WOULD  BE  FEASIBLE  AND  APPROPRIATE  TO
 ESTABLISH  A COMMITTEE FOR A PARTICULAR RULE MAKING. IN ESTABLISHING AND
 ADMINISTERING A COMMITTEE, THE AGENCY SHALL COMPLY WITH  THE  INTENT  OF
 THIS ARTICLE.
   2.  THE  AGENCY SHALL PROMPTLY PUBLISH NOTICE OF ITS DETERMINATION AND
 THE REASONS THEREFOR IN THE STATE  REGISTER,  IN  SUCH  TRADE  OR  OTHER
 SPECIALIZED  PUBLICATIONS,  OR BY ELECTRONIC MEANS AS IT DEEMS APPROPRI-
 ATE. IN ADDITION, A COPY OF SUCH NOTICE SHALL BE SENT TO ANY PERSON  WHO
 APPLIED  FOR  OR NOMINATED ANOTHER PERSON FOR MEMBERSHIP ON SUCH COMMIT-
 TEE.
   3. THE AGENCY SHALL PROVIDE APPROPRIATE ADMINISTRATIVE SUPPORT TO  THE
 COMMITTEE, INCLUDING TECHNICAL ASSISTANCE.
   § 255. CONDUCT OF COMMITTEE ACTIVITIES. 1. EACH NEGOTIATED RULE MAKING
 COMMITTEE  ESTABLISHED  PURSUANT  TO  THIS  ARTICLE  SHALL  CONSIDER THE
 MATTERS PROPOSED FOR CONSIDERATION BY THE AGENCY AND  SHALL  ATTEMPT  TO
 REACH CONSENSUS ON A PROPOSED RULE WITH RESPECT TO SUCH MATTERS.
   2.  THE PERSON OR PERSONS REPRESENTING THE AGENCY ON A COMMITTEE SHALL
 PARTICIPATE IN THE DELIBERATIONS AND ACTIVITIES OF  THE  COMMITTEE  WITH
 THE SAME RIGHTS AND RESPONSIBILITIES AS THE OTHER MEMBERS OF THE COMMIT-
 TEE,  AND  SHALL  BE  AUTHORIZED  TO  FULLY  REPRESENT THE AGENCY IN THE
 DISCUSSIONS AND NEGOTIATIONS OF THE COMMITTEE.

 A. 5777--A                          5
 
   3. THE AGENCY SHALL NOMINATE A PERSON TO SERVE AS  A  FACILITATOR  FOR
 THE  NEGOTIATIONS  OF  THE  COMMITTEE,  SUBJECT  TO  THE APPROVAL OF THE
 COMMITTEE BY CONSENSUS. IF THE COMMITTEE DOES NOT APPROVE THE NOMINEE OF
 THE AGENCY AS FACILITATOR, THE COMMITTEE SHALL  SELECT  BY  CONSENSUS  A
 PERSON TO SERVE AS THE FACILITATOR. A PERSON DESIGNATED TO REPRESENT THE
 AGENCY IN NEGOTIATION OF SUBSTANTIVE ISSUES SHALL NOT SERVE AS FACILITA-
 TOR OR CHAIR OF THE COMMITTEE.
   4. A FACILITATOR APPROVED OR SELECTED BY A COMMITTEE SHALL:
   (A) CHAIR THE MEETINGS OF THE COMMITTEE IN AN IMPARTIAL MANNER;
   (B)  IMPARTIALLY  ASSIST  THE  MEMBERS  OF THE COMMITTEE IN CONDUCTING
 DISCUSSIONS AND NEGOTIATIONS;
   (C) MANAGE THE KEEPING OF COMMITTEE MINUTES, EXCEPT THAT ANY  PERSONAL
 NOTES AND MATERIALS OF THE FACILITATOR OR MEMBERS OF THE COMMITTEE SHALL
 NOT BE SUBJECT TO THIS SECTION; AND
   (D)  AT  THE CONCLUSION OF THE PROCEEDING, PROVIDE THE AGENCY WITH HIS
 OR HER OBSERVATIONS AND COMMENTS ON THE USEFULNESS AND EFFECTIVENESS  OF
 THE  NEGOTIATED RULE MAKING PROCEEDING, AND SUCH OTHER COMMENTS AS HE OR
 SHE DEEMS PERTINENT.
   5. A COMMITTEE ESTABLISHED PURSUANT TO THIS ARTICLE MAY  ADOPT  PROCE-
 DURES GOVERNING ITS OPERATION NOT INCONSISTENT WITH THE LAW.
   6.  (A)  IF A COMMITTEE REACHES A CONSENSUS ON A PROPOSED RULE, AT THE
 CONCLUSION OF NEGOTIATIONS THE COMMITTEE SHALL TRANSMIT  TO  THE  AGENCY
 WHICH  ESTABLISHED THE COMMITTEE A REPORT CONTAINING SUCH PROPOSED RULE,
 WHICH SHALL BE PROPOSED FOR ADOPTION BY THE AGENCY WITHIN SIXTY DAYS  OF
 RECEIPT  OF  THE  REPORT. IF THE COMMITTEE DOES NOT REACH CONSENSUS ON A
 PROPOSED RULE, THE COMMITTEE MAY TRANSMIT TO THE AGENCY A REPORT  SPECI-
 FYING  ANY AREAS IN WHICH THE COMMITTEE REACHED A CONSENSUS. THE COMMIT-
 TEE MAY INCLUDE IN THE REPORT AND OTHER INFORMATION, RECOMMENDATIONS  OR
 MATERIALS THAT THE COMMITTEE CONSIDERS APPROPRIATE. ANY COMMITTEE MEMBER
 MAY  INCLUDE AS AN ADDENDUM TO THE REPORT ADDITIONAL INFORMATION, RECOM-
 MENDATIONS OR MATERIALS.
   (B) ANY REPORT TRANSMITTED PURSUANT TO THIS SECTION SHALL BE  PROVIDED
 TO THE COMMITTEE AT THE SAME TIME SUCH REPORT IS PROVIDED TO THE AGENCY.
   7.  IN  ADDITION  TO  THE  REPORT  REQUIRED BY SUBDIVISION SIX OF THIS
 SECTION, A COMMITTEE SHALL SUBMIT TO THE AGENCY THE  RECORDS,  MATERIALS
 AND  REPORTS  THAT  WERE USED TO ARRIVE AT ITS RECOMMENDATIONS. ALL SUCH
 RECORDS SHALL BE MADE AVAILABLE TO THE PUBLIC FOR INSPECTION  AND  COPY-
 ING.
   8.  ALL  RECORDS AND REPORTS MADE PURSUANT TO THIS SECTION, EXCEPT FOR
 ANY PERSONAL NOTES AND MATERIALS OF THE FACILITATOR OR  MEMBERS  OF  THE
 COMMITTEE, SHALL BE OPEN AND ACCESSIBLE TO THE PUBLIC FOR INSPECTION AND
 COPYING.
   § 256. COMMITTEE TERMINATION. A NEGOTIATED RULE MAKING COMMITTEE SHALL
 TERMINATE  UPON  PROMULGATION  OF  THE  FINAL  RULE UNDER CONSIDERATION,
 UNLESS THE COMMITTEE'S CHARTER CONTAINS AN EARLIER TERMINATION DATE.
   § 257. SERVICES, FACILITIES  AND  PAYMENT  OF  EXPENSES  OF  COMMITTEE
 MEMBERS.  1.  AN  AGENCY  MAY  EMPLOY  OR  ENTER  INTO CONTRACTS FOR THE
 SERVICES OF AN INDIVIDUAL OR ORGANIZATION TO SERVE  AS  THE  FACILITATOR
 FOR  A  NEGOTIATED  RULE MAKING COMMITTEE UNDER THIS ARTICLE, OR MAY USE
 THE SERVICES OF A STATE EMPLOYEE TO ACT AS THE FACILITATOR  FOR  SUCH  A
 COMMITTEE.
   2.  FOR  THE  PURPOSES OF THIS SECTION, AN AGENCY MAY USE THE SERVICES
 AND FACILITIES OF OTHER STATE AGENCIES, AND PUBLIC AND PRIVATE  AGENCIES
 AND  INSTRUMENTALITIES, WITH THE CONSENT OF SUCH AGENCIES AND INSTRUMEN-
 TALITIES,  AND  MAY  RECEIVE  AND  ACCEPT  VOLUNTARY  AND  UNCOMPENSATED
 SERVICES FROM THEM.

 A. 5777--A                          6
 
   3.  MEMBERS OF A COMMITTEE SHALL BE RESPONSIBLE FOR THEIR OWN EXPENSES
 OF PARTICIPATION ON SUCH COMMITTEE.
   § 258. JUDICIAL REVIEW. ANY ACTION RELATING TO ESTABLISHING, ASSISTING
 OR TERMINATING A NEGOTIATED RULE MAKING COMMITTEE PURSUANT TO THIS ARTI-
 CLE  SHALL  NOT  BE  SUBJECT TO JUDICIAL REVIEW. NOTHING IN THIS SECTION
 SHALL BAR JUDICIAL REVIEW OF A RULE IF SUCH JUDICIAL REVIEW IS OTHERWISE
 PROVIDED BY LAW. A RULE WHICH IS THE PRODUCT OF NEGOTIATED  RULE  MAKING
 AND  IS  SUBJECT  TO  JUDICIAL  REVIEW SHALL NOT BE ACCORDED ANY GREATER
 DEFERENCE BY A COURT THAN A RULE WHICH IS  THE  PRODUCT  OF  OTHER  RULE
 MAKING PROCEDURES.
   § 4. The provisions of this act shall preempt and supersede any incon-
 sistent executive order relating to negotiated rule making.
   § 5. This act shall take effect immediately.