NY State Senate Bill 2019-S861

Senate Bill S861

2019-2020 Legislative Session

Broadens considerations required during review of existing administrative rules and during creation of new rules

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Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to commerce, economic development and small business
Jan 09, 2019	referred to commerce, economic development and small business

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2019-S861 (ACTIVE) - Details

See Assembly Version of this Bill:: A5383
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §§207 & 202, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6869
2015-2016: S406
2017-2018: S3386, A10330

2019-S861 (ACTIVE) - Summary

Broadens considerations required during review of existing administrative rules and during creation of new rules.

2019-S861 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S861

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the state administrative procedure act, in relation to
review of existing rules and rule making procedure

 
PURPOSE:

This bill amends the State Administrative Procedure Act to require a
five-year review of all existing agency rules and to require the agency
to provide additional information regarding the rule in its five-year
review, notice of proposed rulemaking, and notice of adoption.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 207 of the State Administrative Procedure Act
to require all rules adopted before the effective date of the section to
be initially reviewed no later than in the 2023 calendar year, and at
five-year intervals thereafter.

Further, it states that agencies shall provide additional information in
its regulatory agenda for each rule being reviewed including: the need
for such rule, the legal basis of such rule, whether the rule is dupli-
cative of any other rule or regulation, whether the rule reflects or
utilizes current technology, and whether the rule reflects current
industry practices and standards.

Section 2 amends section 202 of the State Administrative Procedure Act
to require agencies to provide additional information in its notice of
proposed rulemaking including: the need for such rule, whether the rule
is duplicative of any other rule or regulation, whether the rule
reflects or utilizes current technology, and whether the rule reflects
current industry practices and standards.

Section 3 amends section 202 of the State Administrative Procedure Act
to require agencies to provide additional information in its notice of
adoption including: the need for such rule, whether the rule is duplica-
tive of any other rule or regulation, whether the rule reflects or
utilizes current technology, and whether the rule reflects current
industry practices and standards.

Section 4 establishes the effective date.

 
JUSTIFICATION:

In the fall of 2013, the then Senate Majority Coalition held a series of
industry-specific forums across New York State to identify burdensome
and duplicitous state regulations. To be sure, regulations are a vital
part of state government, critical in promoting public welfare. However,
the rules should not be arbitrary, the reporting should not be duplica-
tive, and the requirements should be easily accessible by those who must
comply. A comprehensive report was issued that shed light on New York
State's notoriously dense regulatory structure, identifying numerous
rules, regulations, and practices that put New York State's businesses
at a competitive disadvantage.


This bill would address some of the issues identified in the aforemen-
tioned report by amending the State Administrative Procedure Act to
provide for a more comprehensive review of agency rules.  Currently,
agencies are only required to review rules promulgated since 1997 on a
five-year review cycle. This bill extends that review requirement to all
existing agency rules. This will ensure that agencies look at every
single rule on the books and provide an explanation for why the rule is
still necessary.

This bill also requires agencies to provide additional information
regarding a rule in its five-year review, notice of proposed rulemaking,
and notice of adoption. Currently, agencies are only required to provide
an analysis of the need for and legal basis of each rule. This minimal
analysis does not address the real problem with New York State's regula-
tory structure: rules that are duplicative, do not take into account
current technology, and are not up to date with current industry prac-
tices. This bill addresses the problem by requiring agencies to analyze
existing rules using the above listed criteria and report their find-
ings.

 
LEGISLATIVE HISTORY:

2017-18: S.3386/A.10330 Referred to Commerce, Economic Development and
Small Business/Referred to Governmental Operations
2015-15: S.406-A Passed Senate/Referred to Governmental Operations
2013-14: S.6869 Passed Senate/Referred to Governmental Operations

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S861 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    861
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   review of existing rules and rule making procedure

   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 and subdivisions 2 and 4 of
 section 207 of the state administrative procedure act, paragraph (a)  of
 subdivision 1 and subdivision 2 as amended by chapter 462 of the laws of
 2012  and subdivision 4 as added by chapter 262 of the laws of 1996, are
 amended to read as follows:
   (a) Unless the contrary is specifically provided by paragraph  (b)  of
 this  subdivision  or  by  another  law, any rule which is adopted on or
 after the effective date of this section shall be reviewed in the calen-
 dar year specified in the notice of adoption for the rule, provided that
 at a minimum every rule shall be initially reviewed no later than in the
 fifth calendar year after the year in which the rule  is  adopted,  and,
 thereafter,  every rule shall be re-reviewed at five-year intervals. ALL
 RULES ADOPTED BEFORE  THE  EFFECTIVE  DATE  OF  THIS  SECTION  SHALL  BE
 INITIALLY REVIEWED NO LATER THAN IN THE TWO THOUSAND TWENTY-THREE CALEN-
 DAR  YEAR, AND, THEREAFTER, EVERY RULE SHALL BE RE-REVIEWED AT FIVE-YEAR
 INTERVALS.
   2. An agency shall submit for publication  in  the  regulatory  agenda
 published in January pursuant to section two hundred two-d of this arti-
 cle  a  list of the rules which must be reviewed pursuant to subdivision
 one of this section in the ensuing calendar year.  In  addition  to  the
 information required by such section two hundred two-d, for each rule so
 listed  the  agency shall provide an analysis of [the need for and legal
 basis of such rule,]: (A) THE NEED  FOR SUCH RULE, (B) THE  LEGAL  BASIS
 OF  SUCH  RULE, (C) WHETHER THE RULE IS DUPLICATIVE OF ANY OTHER RULE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02810-01-9

 S. 861                              2
 
 REGULATION, (D) WHETHER THE RULE REFLECTS OR UTILIZES CURRENT  TECHNOLO-
 GY,  AND  (E)  WHETHER  THE RULE REFLECTS CURRENT INDUSTRY PRACTICES AND
 STANDARDS. THE AGENCY shall invite public comment on the continuation or
 modification of the rule and shall indicate the last date for submission
 of  comments  which shall be not less than forty-five days from the date
 of publication. An agency shall also publish the list of rules that must
 be reviewed pursuant to this section on its website.   If  the  original
 notice  of  proposed rule making for a listed rule required the prepara-
 tion of a regulatory flexibility  analysis,  a  rural  area  flexibility
 analysis,  or  a  job impact statement, the agency shall so indicate and
 shall provide outreach as  appropriate  to  potentially  affected  small
 businesses,  local governments and public and private interests in rural
 areas that the rule is being reviewed. Such outreach may include  solic-
 itation  of  input through electronic means or through any of the activ-
 ities listed in subdivision six of section two hundred two-b and  subdi-
 vision seven of section two hundred two-bb of this article.
   4.  If  an  agency determines that a rule subject to the provisions of
 this section should continue without modification, it  shall  publish  a
 notice  to  that effect, which shall identify the rule and the statutory
 authority for the rule, and include a statement setting forth a reasoned
 justification for continuation of the rule without modification  and  an
 assessment  of  public comments, prepared in accordance with subdivision
 four-a of section two hundred two of this [chapter] ARTICLE, which  were
 submitted  to  the  agency in response to the listing of the rule in the
 regulatory agenda, AND A SUMMARY OF THE ANALYSIS REQUIRED UNDER SUBDIVI-
 SION TWO OF THIS SECTION.
   § 2. Paragraph (f) of subdivision 1 of section 202 of the state admin-
 istrative procedure act, as amended by chapter 610 of the laws of  1987,
 subparagraph (iv) as amended by chapter 703 of the laws of 1991, subpar-
 agraphs  (v),  (vi)  and  (vii) as amended by chapter 304 of the laws of
 2016, and subparagraph (viii) as amended by chapter 229 of the  laws  of
 2000, is amended to read as follows:
   (f) The notice of proposed rule making shall:
   (i)  cite  the  statutory authority, including particular sections and
 subdivisions, under which the rule is proposed for adoption;
   (ii) give the date, time and place of any public hearing  or  hearings
 which are scheduled;
   (iii) state whether or not the place of any public hearing or hearings
 shall  be  reasonably  accessible to persons with a mobility impairment;
 for purposes hereof, "persons with a  mobility  impairment"  shall  mean
 those persons with a physical impairment which is permanent and severely
 limits  that  person's  mobility,  or a person who is unable to ambulate
 without the aid of a wheelchair or other  prosthetic  device;  provided,
 however,  that the failure of such accessibility in accordance herewith,
 upon diligent effort to have provided same, shall have  no  effect  upon
 any actions or proceedings taken at any such subject hearings;
   (iv)  include  a  statement  that  interpreter  services shall be made
 available to deaf persons, at no charge, upon written  request  to  such
 agency  representative  as  shall be designated pursuant to subparagraph
 [(viii)] (IX) of this paragraph within a reasonable time  prior  to  any
 scheduled  public  hearing  or  hearings.  If  interpreter  services are
 requested, the agency conducting  the  rule  making  proceeding  in  all
 instances  shall  appoint  a qualified interpreter who is certified by a
 recognized national or New York state credentialing authority to  inter-
 pret  the  proceedings  to, and the testimony of, such deaf person. Such

 S. 861                              3
 
 agency shall determine  a  reasonable  fee  for  all  such  interpreting
 services which shall be a charge upon the agency;
   (v) contain the complete text of the proposed rule, provided, however,
 if such text exceeds two thousand words, the notice shall contain only a
 description  of  the subject, purpose and substance of such rule in less
 than two thousand words and shall identify the address of the website on
 which the full text has been posted;
   (vi) INCLUDE THE NEED FOR SUCH RULE, WHETHER THE RULE  IS  DUPLICATIVE
 OF  ANY  OTHER RULE OR REGULATION, WHETHER THE RULE REFLECTS OR UTILIZES
 CURRENT TECHNOLOGY, AND WHETHER THE RULE REFLECTS CURRENT INDUSTRY PRAC-
 TICES AND STANDARDS;
   (VII) include a  regulatory  impact  statement  prepared  pursuant  to
 section  two  hundred  two-a of this article, provided, however, if such
 statement exceeds two thousand words, the notice shall  include  only  a
 summary  of  such statement in less than two thousand words and the full
 text of such statement shall be posted on a website  maintained  by  the
 agency  or  another  state entity until such statement is revised or the
 proposed rule is adopted or withdrawn or expires pursuant to this  arti-
 cle;
   [(vii)]  (VIII)  include a regulatory flexibility analysis and a rural
 area flexibility analysis prepared  pursuant  to  sections  two  hundred
 two-b  and  two hundred two-bb of this article, provided, however, if an
 analysis exceeds two thousand words, the notice  shall  include  only  a
 summary  of  such  analysis in less than two thousand words and the full
 text of such analysis shall be posted on a  website  maintained  by  the
 agency  or  another  state  entity until such analysis is revised or the
 proposed rule is adopted or withdrawn or expires pursuant to this  arti-
 cle;
   [(viii)]  (IX)  give  the  name,  public  office address and telephone
 number of an agency representative, who is knowledgeable on the proposed
 rule, from whom the complete text of such rule  and  any  scientific  or
 statistical  study, report and analysis that served as the basis for the
 rule and any supporting data, the regulatory impact statement, the regu-
 latory flexibility analysis, and the rural area flexibility analysis may
 be obtained; from whom information  about  any  public  hearing  may  be
 obtained;  and  to whom written data, views and arguments may be submit-
 ted; and
   [(ix)] (X) include any additional matter required by statute.
   § 3. Paragraph (c) of subdivision 5 of section 202 of the state admin-
 istrative procedure act, as amended by chapter 610 of the laws of  1987,
 subparagraph  (iii)  as amended, subparagraph (ix) as added and subpara-
 graph (x) as renumbered by chapter 850 of the  laws  of  1990,  subpara-
 graphs  (v)  and  (vi) as amended by chapter 304 of the laws of 2016 and
 subparagraph (viii) as amended by chapter 171 of the laws  of  1994,  is
 amended to read as follows:
   (c) The notice of adoption shall:
   (i)  cite  the  statutory authority, including particular sections and
 subdivisions, under which the rule is adopted;
   (ii) contain the complete text  of  the  rule  as  adopted,  provided,
 however,  if  such  text  exceeds  two  thousand words, the notice shall
 contain only a description of the subject, purpose and substance of such
 rule in less than two thousand words;
   (iii) state whether there have been any changes in  the  text  of  the
 rule  as  adopted  when  compared  with the text of the latest published
 version of the proposed rule, and if such changes  have  occurred,  cite
 the particular sections, subdivisions and paragraphs so changed;

 S. 861                              4
 
   (iv) give the effective date of the rule;
   (v) INCLUDE THE NEED FOR SUCH RULE, WHETHER THE RULE IS DUPLICATIVE OF
 ANY  OTHER  RULE  OR  REGULATION,  WHETHER THE RULE REFLECTS OR UTILIZES
 CURRENT TECHNOLOGY, AND WHETHER THE RULE REFLECTS CURRENT INDUSTRY PRAC-
 TICES AND STANDARDS;
   (VI) include a revised regulatory impact statement, when  required  by
 the  provisions  of  paragraph  (b)  of  subdivision  six of section two
 hundred two-a of this article,  provided,  however,  if  such  statement
 exceeds  two  thousand words, the notice shall include only a summary of
 such statement in less than two thousand words;
   [(vi)] (VII) include a revised regulatory flexibility analysis  and  a
 rural  area  flexibility  analysis,  when  required by the provisions of
 paragraph (b) of subdivision seven of  section  two  hundred  two-b  and
 paragraph (b) of subdivision eight of section two hundred two-bb of this
 article,  provided,  however,  if  such  statement  exceeds two thousand
 words, the notice shall include only a summary of such statement in less
 than two thousand words;
   [(vii)] (VIII) include the  assessment  of  public  comment,  prepared
 pursuant  to  paragraph  (b)  of this subdivision, provided, however, if
 such assessment exceeds two thousand words,  the  notice  shall  include
 only a summary of such assessment in less than two thousand words;
   [(viii)]  (IX)  give  the  name,  public  office address and telephone
 number of an agency representative from whom the complete  text  of  the
 rule  and  any  revised  regulatory impact statement, revised regulatory
 flexibility analysis, rural area flexibility analysis or  assessment  of
 comments may be obtained; [and
   (ix)]  (X)  state  whether  any notice of revised rule making had been
 submitted for such rule making and specify the date or dates  that  such
 notice or notices appeared in the state register; and
   [(x)] (XI) include any additional matter required by statute.
   § 4. This act shall take effect immediately.

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Senate Bill S861

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Sponsored By

Patrick M. Gallivan