S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8950
 
                           I N  A S S E M B L Y
 
                              January 6, 2020
                                ___________
 
 Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the state administrative procedure act, in  relation  to
   the  time  needed  by small businesses and local governments to comply
   with new regulations; to amend a chapter of the laws of 2019, amending
   the state administrative procedure act relating to the time needed  by
   small businesses and local governments to comply with new regulations,
   as  proposed  in  legislative  bills  numbers  S.  5812 and A. 842, in
   relation  to  the  effectiveness  thereof;  and  to   repeal   certain
   provisions of the state administrative procedure act related thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 2  of  section  202-b  of  the
 state administrative procedure law, as added by a chapter of the laws of
 2019,  amending  the  state administrative procedure act relating to the
 time needed by small businesses and local governments to comply with new
 regulations, as proposed in legislative bills numbers  S.  5812  and  A.
 842,  is  REPEALED  and paragraphs (f) and (g) are relettered paragraphs
 (e) and (f).
   § 2. Subdivision 3 of section 207 of the state  administrative  proce-
 dure  act,  as  added  by chapter 262 of the laws of 1996, is amended to
 read as follows:
   3. If an agency determines that a rule subject to  the  provisions  of
 this  section  should be modified, it shall publish a notice of proposed
 rule making for such rule, which, in addition to the information  other-
 wise required by this article, shall include a statement setting forth a
 reasoned justification for modification of the rule and an assessment of
 public  comments,  prepared  in  accordance  with  subdivision four-a of
 section two hundred two of this article, which  were  submitted  to  the
 agency  in response to the listing of the rule in the regulatory agenda.
 Where appropriate, the agency shall also  include  in  its  statement  a
 discussion of the degree to which changes in technology, economic condi-
 tions, TIME REQUIRED TO COMPLY, or other factors in the area affected by
 the rule necessitate changes in the rule.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01558-02-0

 A. 8950                             2
 
   §  3.  Paragraph  (a)  of  subdivision 1 of section 202-b of the state
 administrative procedure act, as amended by chapter 611 of the  laws  of
 1996, is amended to read as follows:
   (a)  the  establishment  of differing compliance or reporting require-
 ments or timetables that take into account the  resources  available  to
 small businesses and local governments OR THE TIME NEEDED BY SMALL BUSI-
 NESSES OR LOCAL GOVERNMENTS TO COME INTO COMPLIANCE WITH THE RULE;
   §  4.  Section  3 of a chapter of the laws of 2019, amending the state
 administrative procedure act relating to the time needed by small  busi-
 nesses and local governments to comply with new regulations, as proposed
 in  legislative  bills numbers S. 5812 and A. 842, is amended to read as
 follows:
   § 3. This act shall  take  effect  on  the  [first  of  November  next
 succeeding  the  date on which] ONE HUNDRED TWENTIETH DAY AFTER it shall
 have become a law and shall apply to all rules for  which  a  notice  of
 proposed rule making is [published] FILED on or after such date.
   §  5.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2019, amending the state  administra-
 tive  procedure  act relating to the time needed by small businesses and
 local governments to comply with new regulations, as proposed in  legis-
 lative bills numbers S. 5812 and A. 842, takes effect.