S T A T E O F N E W Y O R K
________________________________________________________________________
5795--A
Cal. No. 977
2017-2018 Regular Sessions
I N S E N A T E
May 1, 2017
___________
Introduced by Sens. JACOBS, LARKIN -- read twice and ordered printed,
and when printed to be committed to the Committee on Commerce, Econom-
ic Development and Small Business -- committee discharged and said
bill committed to the Committee on Rules -- reported favorably from
said committee, ordered to a third reading, passed by Senate and
delivered to the Assembly, recalled, vote reconsidered, restored to
third reading, amended and ordered reprinted, retaining its place in
the order of third reading
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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02336-02-7
S. 5795--A 2
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
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-
S. 5795--A 3
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-
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.
