S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6454
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2017
                                ___________
 
 Introduced  by  M.  of  A. KAVANAGH, AUBRY, CAHILL, COOK, GALEF, JAFFEE,
   LUPARDO -- Multi-Sponsored by -- M. of A. GOTTFRIED, MAGEE, McDONOUGH,
   McKEVITT, ORTIZ, PERRY, THIELE  --  read  once  and  referred  to  the
   Committee on Governmental Operations
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   public hearings on proposed rules; and providing  for  the  repeal  of
   such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 102 of  the  state  administrative
 procedure act, as amended by section 155 of subpart B of part C of chap-
 ter 62 of the laws of 2011, is amended to read as follows:
   1. "Agency" means any department, board, bureau, commission, division,
 office,  council, committee or officer of the state, or a public benefit
 corporation or public  authority  at  least  one  of  whose  members  is
 appointed  by  the  governor, authorized by law to make rules or to make
 final decisions in adjudicatory proceedings but shall  not  include  the
 governor,  agencies  in  the legislative and judicial branches, agencies
 created by interstate compact or international agreement,  the  division
 of  military  and naval affairs to the extent it exercises its responsi-
 bility for military and naval affairs, the division of state police, the
 identification and intelligence unit of the division of criminal justice
 services, the state insurance fund, the  unemployment  insurance  appeal
 board, and except for purposes of subdivision one of section two hundred
 two-d  AND  SECTION  TWO  HUNDRED  TWO-F  of  this chapter, the workers'
 compensation board and except for purposes of article two of this  chap-
 ter, the department of corrections and community supervision.
   § 2. The state administrative procedure act is amended by adding a new
 section 202-f to read as follows:
   §  202-F.  PUBLIC  HEARINGS. 1. WHENEVER A PUBLIC HEARING IS HELD ON A
 PROPOSED RULE PURSUANT TO THIS CHAPTER,  UNLESS  OTHERWISE  PROVIDED  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02731-01-7

 A. 6454                             2
 
 LAW, AN AGENCY IS AUTHORIZED TO UTILIZE INNOVATIVE TECHNIQUES TO ENHANCE
 PUBLIC PARTICIPATION IN RULE MAKING, INCLUDING BUT NOT LIMITED TO ALLOW-
 ING  THE  PUBLIC  TO  ASK QUESTIONS OF AGENCY PERSONNEL FOR A PORTION OF
 SUCH HEARING, ORGANIZING SUCH HEARING AS A ROUNDTABLE DISCUSSION, SCHED-
 ULING AN EVENING OR WEEKEND HEARING, AND USING BROADCASTING AND TELECON-
 FERENCING TECHNOLOGIES; PROVIDED, HOWEVER, THAT NO SUCH INNOVATIVE TECH-
 NIQUES  SHALL  BE  USED  IN  A MANNER WHICH DIMINISHES THE ABILITY WHICH
 MEMBERS OF THE PUBLIC WOULD OTHERWISE HAVE TO COMMENT  ON  THE  PROPOSED
 RULE AT A PUBLIC HEARING. EACH AGENCY LISTED IN SUBDIVISION FOUR OF THIS
 SECTION  SHALL, AND ANY OTHER AGENCY MAY, INCLUDE IN ITS ANNUAL REPORT A
 DESCRIPTION AND ANALYSIS OF ITS USE OF INNOVATIVE TECHNIQUES PURSUANT TO
 THIS SUBDIVISION.
   2. EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, ANY AGENCY
 LISTED IN SUBDIVISION FOUR OF THIS SECTION  WHICH  RECEIVES  A  PETITION
 SUBSCRIBED BY NOT FEWER THAN ONE HUNDRED TWENTY-FIVE PERSONS RESIDING IN
 THIS  STATE  REQUESTING A PUBLIC HEARING ON ANY RULE OR RULES WHICH HAVE
 BEEN PROPOSED BY THE AGENCY, OR HAVE BEEN DESCRIBED  IN  THE  REGULATORY
 AGENDA  SUBMITTED BY THE AGENCY PURSUANT TO SECTION TWO HUNDRED TWO-D OF
 THIS ARTICLE, SHALL HOLD AT LEAST ONE PUBLIC  HEARING  ON  THE  RULE  OR
 RULES;  PROVIDED,  HOWEVER,  THAT  ANY SUCH PETITION ON A RULE WHICH HAS
 BEEN PROPOSED MUST BE RECEIVED BY THE AGENCY NOT LATER THAN THE  TWENTI-
 ETH DAY BEFORE THE LAST DATE FOR SUBMISSION OF COMMENTS. ANY AGENCY THAT
 RECEIVES  A  PETITION  AFTER  THE TWENTIETH DAY BEFORE THE LAST DATE FOR
 SUBMISSION OF COMMENTS AND ANY AGENCY NOT LISTED IN SUBDIVISION FOUR  OF
 THIS SECTION MAY ELECT TO HOLD A HEARING UPON RECEIPT OF A PETITION. DUE
 CONSIDERATION SHALL BE GIVEN TO ANY REQUEST IN A PETITION THAT A HEARING
 BE CONDUCTED IN A PARTICULAR REGION.
   3.  AN  AGENCY SHALL NOT BE REQUIRED TO HOLD A PUBLIC HEARING PURSUANT
 TO SUBDIVISION TWO OF THIS SECTION (A) ON A RULE FOR WHICH A HEARING  IS
 REQUIRED BY LAW AND HAS BEEN SCHEDULED OR HELD; (B) ON A CONSENSUS RULE;
 OR (C) ON A RULE DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDI-
 VISION  TWO  OF  SECTION  ONE HUNDRED TWO OF THIS CHAPTER. WHEN A PUBLIC
 HEARING HAS BEEN REQUESTED FOR ANY RULE DESCRIBED IN A REGULATORY  AGEN-
 DA,  THE AGENCY SHALL NOT BE REQUIRED TO SCHEDULE A PUBLIC HEARING UNTIL
 SUCH TIME AS THE RULE IS PROPOSED.
   4. THE FOLLOWING AGENCIES SHALL ENGAGE IN THE REPORTING  PROVIDED  FOR
 IN  SUBDIVISION ONE OF THIS SECTION AND HOLD HEARINGS AS PROVIDED FOR IN
 SUBDIVISIONS TWO AND THREE OF THIS SECTION:  THE  WORKERS'  COMPENSATION
 BOARD  AND  THE  DEPARTMENTS  OF  EDUCATION, ENVIRONMENTAL CONSERVATION,
 HEALTH, FINANCIAL SERVICES, LABOR AND FAMILY ASSISTANCE.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date on which it shall have become a law, and shall expire and
 be deemed repealed on the thirty-first day of  December  of  the  second
 calendar  year  following  such  effective  date, and shall apply to all
 rules for which a notice of proposed rule making or a description  in  a
 regulatory agenda is published during such time period.