S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8408
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SIMOTAS,  ZEBROWSKI, PEOPLES-STOKES, CAHILL,
   PAULIN, NOLAN, LENTOL, LAVINE, ENGLEBRIGHT,  ORTIZ,  GALEF  --  Multi-
   Sponsored  by -- M. of A. MOSLEY, PHEFFER AMATO, RAIA -- read once and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend the state administrative procedure  act,  the  executive
   law and the environmental conservation law, in relation to the comment
   period for proposed rules
 
   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 of section 202 of the  state
 administrative  procedure  act, as amended by chapter 304 of the laws of
 2016, 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,  the  notice  of  proposed rule making must appear in the state
 register at least [forty-five] SIXTY 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] SIXTY days after the date of publication  of  such  notice,
 or, if statute requires that a public hearing be held prior to adoption,
 not less than five days after the date of the last public hearing sched-
 uled  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13019-01-7

 A. 8408                             2
 
 rule  as  provided in subparagraph (v) of paragraph (f) of this subdivi-
 sion, the full text of the proposed rule shall be posted  on  a  website
 maintained by the agency or another state entity 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.
   § 2. Subdivision 2 of section 101-a of the executive law,  as  amended
 by chapter 610 of the laws of 1987, is amended to read as follows:
   2.  Except  as provided in subdivision three of this section, at least
 [forty-five] SIXTY days prior to either the adoption of any rule, or, if
 a public hearing is required by statute,  at  least  [forty-five]  SIXTY
 days  prior  to  the first public hearing on a proposed rule, the agency
 proposing to take such action shall send a notification of such proposed
 action to the temporary president of the senate and the speaker  of  the
 assembly.  This notification shall: (a) refer to the statutory authority
 under  which  the action is proposed, (b) give the time and place of any
 public hearing that may be scheduled concerning the proposed action,  or
 state  the  manner in which data, views or arguments may be submitted to
 the agency concerning the proposed action, (c) contain  a  copy  of  the
 complete  text  of the proposed rule, and (d) contain a fiscal statement
 setting forth the fiscal consequences of  the  proposed  action  on  the
 state and its local governments.
   §  3.  Paragraph  a of subdivision 2 of section 3-0301 of the environ-
 mental conservation law, as amended by chapter 412 of the laws of  2016,
 is amended to read as follows:
   a.  Adopt, amend or repeal environmental standards, criteria and those
 rules and regulations having the  force  and  effect  of  standards  and
 criteria  to carry out the purposes and provisions of this act. Any such
 environmental standard, criterion, rule or regulation or change  thereto
 shall  become effective thirty days after being filed with the Secretary
 of State for publication in the "Official Compilation of  Codes,  Rules,
 and  Regulations of the State of New York" published pursuant to section
 [102] ONE HUNDRED TWO of the Executive Law. This provision shall not  in
 any way restrict the commissioner in the exercise of any function, power
 or  duty transferred to him or her and heretofore authorized to be exer-
 cised by any other department acting through its commissioner to promul-
 gate, adopt, amend or repeal any standards, rules  and  regulations.  No
 such  environmental  standards,  criterion, rule or regulation or change
 thereto shall be proposed for approval unless a public hearing  relating
 to  the subject of such standard shall be held by the commissioner prior
 thereto not less than [45] SIXTY days after date of notice therefor, any
 provision of law to the contrary notwithstanding. Notice shall be  given
 by  public  advertisement  of  the date, time, place and purpose of such
 hearing.
   § 4. Subdivision 1 of section 19-0303 of the  environmental  conserva-
 tion  law,  as amended by chapter 412 of the laws of 2016, is amended to
 read as follows:
   1. A code, rule or regulation or any amendment or repeal thereof shall
 not be adopted until after a public hearing within the area of the state
 concerned. Notice of such hearing shall be given at  least  [forty-five]
 SIXTY  days  prior to the scheduled date of the hearing by public adver-
 tisement of the date, time, place and purpose of such hearing.  At  such
 hearing,  opportunity  to be heard by the department with respect to the
 subject thereof shall be given to the public. A code, rule or regulation
 or an amendment or repeal thereof shall not become effective until thir-

 A. 8408                             3
 
 ty days after certified copies thereof shall have been  filed  with  the
 secretary  of  state.  Any  person  heard at such hearing shall be given
 written notice of the action of  the  department  with  respect  to  the
 subject thereof.
   § 5. Section 27-0705 of the environmental conservation law, as amended
 by chapter 412 of the laws of 2016, is amended to read as follows:
 § 27-0705. Adoption of rules and regulations; public hearings.
   A  rule  or regulation or any amendment or repeal thereof shall not be
 adopted until after public hearing thereon. Notice of such hearing shall
 be given at least [forty-five] SIXTY days prior to the scheduled date of
 the hearing by public advertisement in the area of the  state  concerned
 of  the  date, time, place and purpose of such hearing. At such hearing,
 opportunity to be heard shall be given to the public. A  rule  or  regu-
 lation  or  an  amendment  or  repeal thereof shall not become effective
 until sixty days after certified copies thereof shall  have  been  filed
 with the secretary of state.
   §  6.  Subdivision 1 of section 35-0109 of the environmental conserva-
 tion law, as amended by chapter 412 of the laws of 2016, is  amended  to
 read as follows:
   1.  Notice of public hearing shall be by publication in two newspapers
 most likely to give notice to the people of this state of such  hearings
 at least once in each of three successive weeks, provided, however, that
 notice  of public hearing shall be given to the manufacturer or manufac-
 turers of such household cleansing products in writing, whenever practi-
 cable or in such other form  as  in  the  commissioner's  judgment  will
 reasonably  notify such manufacturer of said hearing. Such hearing shall
 not be conducted less than [forty-five] SIXTY days following the date of
 first publication of notice of such hearing.
   § 7. Section 37-0105 of the environmental conservation law, as amended
 by chapter 412 of the laws of 2016, is amended to read as follows:
 § 37-0105. Rules and regulations.
   The department is hereby authorized  to  promulgate  rules  and  regu-
 lations  pertaining  to  the  storage  and release to the environment of
 substances hazardous or acutely hazardous to public  health,  safety  or
 the  environment.  Such  rules  and regulations may require the users of
 substances which may meet the criteria upon which the lists referred  to
 in  paragraphs (a) and (b) of subdivision one of section 37-0103 of this
 chapter are based to furnish to the department for the public record any
 information regarding such substances which the said user may have,  and
 the  nature and extent of research performed by said user concerning the
 effects of such substances on human health and the environment. Prior to
 promulgation of rules and regulations hereunder, public  hearings  shall
 be  held  upon  notice  in two newspapers in the locality of said public
 hearings, at least two times per week in each of three successive weeks.
 Such hearings shall be conducted not less than [forty-five  (45)]  SIXTY
 (60) days following the date of last publication.
   §  8.  This  act shall take effect October 1, 2017, and shall apply to
 all notices of proposed rule making published in the state register  and
 to  all  notifications sent to the temporary president of the senate and
 the speaker of the assembly on or after such date.