S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1048
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, HAWLEY -- read once and referred to the
   Committee on Governmental Operations
 
 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 2019".
   §  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
 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:

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

                                                            LBD01551-01-9

 A. 1048                             2
 
                                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;
   (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;

 A. 1048                             3
 
   (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
 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. 1048                             4

   (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.
   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

 A. 1048                             5
 
 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.
   3.  MEMBERS OF A COMMITTEE SHALL BE RESPONSIBLE FOR THEIR OWN EXPENSES
 OF PARTICIPATION ON SUCH COMMITTEE.

 A. 1048                             6
 
   § 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.