S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6459
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2017
                                ___________
 
 Introduced  by  M. of A. ZEBROWSKI, GALEF, CRESPO, GUNTHER, STECK, OTIS,
   SIMOTAS, WALTER, RAIA, MONTESANO -- Multi-Sponsored by  --  M.  of  A.
   COOK,  GOODELL,  SKARTADOS,  THIELE  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the state administrative procedure act, in  relation  to
   public petitions for rule making
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state administrative procedure act is amended by adding
 a new section 208 to read as follows:
   § 208. PUBLIC PETITIONS FOR RULE MAKING. 1.  ANY PERSON OR PERSONS MAY
 PETITION AN AGENCY TO REQUEST THE ADOPTION, AMENDMENT, OR  REPEAL  OF  A
 RULE.
   2. A PETITION SHALL MEET THE FOLLOWING MINIMUM REQUIREMENTS:
   (A) THE PETITION SHALL INCLUDE THE FULL NAME AND ADDRESS OF EACH PETI-
 TIONER  AND  OF  ANY ENTITY OR ORGANIZATION WITH WHICH THE PETITIONER IS
 AFFILIATED; AND IF THERE ARE MULTIPLE  PETITIONERS  SHALL  IDENTIFY  THE
 PERSON   TO  WHOM  COMMUNICATIONS  CONCERNING  THE  PETITION  SHOULD  BE
 DIRECTED;
   (B) THE TEXT OF ANY PROPOSED CHANGES TO THE  CURRENT  RULES  SHALL  BE
 SUBMITTED  IN  A MANNER THAT CLEARLY IDENTIFIES THE WORDS TO BE ADDED TO
 OR DELETED FROM THE CURRENT RULES OF THE AGENCY;
   (C) THE PETITION  SHALL  IDENTIFY  THE  STATUTORY  AUTHORITY  FOR  THE
 PROPOSED RULE;
   (D)  THE  PETITION  SHALL  INDICATE THE JUSTIFICATION FOR THE PROPOSED
 RULE, INCLUDING AN IDENTIFICATION OF THE PUBLIC BENEFIT OF THE ADOPTION,
 AMENDMENT OR REPEAL;
   (E) ANY PETITION THAT CONCERNS THE RULES OF MORE THAN ONE AGENCY SHALL
 BE SUBMITTED TO EACH SUCH AGENCY; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02220-01-7

              

 A. 6459                             2
 
   (F) THE PETITION SHALL BE LIMITED TO ONE RULE OR A RELATED  SERIES  OF
 RULES AND SHALL NOT CONCERN ANY MATTER WHICH IS THE SUBJECT OF A CURRENT
 NOTICE OF PROPOSED RULE MAKING OR NOTICE OF EMERGENCY ADOPTION.
   3.  AN  AGENCY  SHALL  MAINTAIN A PUBLICLY AVAILABLE FILE OF PETITIONS
 SUBMITTED TO IT PURSUANT TO THIS SECTION AND SHALL:
   (A) POST INFORMATION ON ITS WEBSITE ON HOW PETITIONS MAY BE  SUBMITTED
 TO THE AGENCY AND HOW THE PUBLIC MAY COMMENT ON SUCH PETITIONS;
   (B)  POST  A  NOTICE  WITHIN THIRTY DAYS OF RECEIPT OF A PETITION THAT
 INCLUDES THE FULL TEXT OR A SUMMARY THEREOF; AND
   (C) SHALL POST WITHIN THIRTY DAYS OF ISSUANCE A WRITTEN  DENIAL  OF  A
 PETITION.
   4.  (A)  EXCEPT  AS  PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, AN
 AGENCY SHALL NOT BE REQUIRED TO TAKE ANY ACTION IN RESPONSE TO  A  PETI-
 TION, BUT MAY IN ITS DISCRETION PUBLISH A NOTICE OF PROPOSED RULE MAKING
 OR A WRITTEN DENIAL OF A PETITION OR MAY SOLICIT ADDITIONAL INFORMATION,
 THROUGH  THE CONDUCT OF PUBLIC HEARINGS OR OTHERWISE, ON THE MERITS OF A
 PETITION.
   (B) WITHIN ONE HUNDRED EIGHTY DAYS OF RECEIPT OF  A  PETITION  MEETING
 THE  REQUIREMENTS OF THIS SECTION THAT HAS BEEN SIGNED BY ONE HUNDRED OR
 MORE RESIDENTS OF THE STATE, AN AGENCY SHALL EITHER DENY THE PETITION IN
 WRITING, STATING ITS REASONS FOR DENIAL, OR ISSUE A NOTICE  OF  PROPOSED
 RULE  MAKING  IN  ACCORDANCE WITH THIS ARTICLE.  SUCH NOTICE OF PROPOSED
 RULE MAKING SHALL INCLUDE INFORMATION ON  THE  INITIATING  PETITION  AND
 SHALL  BE  SUBMITTED  FOR  PUBLICATION  IN THE STATE REGISTER WITHIN TWO
 HUNDRED SEVENTY DAYS OF RECEIPT OF SUCH PETITION. THE  AGENCY  MAY  VARY
 THE TEXT OF THE PROPOSED RULE FROM THE TEXT SUBMITTED WITH THE PETITION.
   (C)  DENIAL OF A PETITION ON THE BASIS THAT IT DOES NOT MEET THE MINI-
 MUM REQUIREMENTS OF THIS SECTION DOES NOT PRECLUDE THE SUBMISSION  OF  A
 NEW PETITION ON THE SAME SUBJECT THAT SEEKS TO CORRECT ANY DEFICIENCIES.
   5.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO LIMIT OR MODIFY THE
 APPLICABILITY OF ANY OTHER PROVISION OF LAW CONCERNING PETITIONS FOR THE
 ADOPTION, MODIFICATION OR REVOCATION OF RULES, INCLUDING BUT NOT LIMITED
 TO SECTION THIRTY-SIX-A OF THE AGRICULTURE AND MARKETS LAW  AND  SECTION
 SIX HUNDRED SEVENTY-SIX OF THE LABOR LAW.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.