S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1318
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced by M. of A. ZEBROWSKI, GALEF, GUNTHER, STECK, OTIS, MONTESANO
   --  Multi-Sponsored  by -- M. of A. COOK, GOODELL, THIELE -- read once
   and referred to the Committee on Governmental Operations
 
 AN ACT to amend the state administrative procedure act, in  relation  to
   public petitions for rule making

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state administrative procedure act is amended by adding
 a new section 208 to read as follows:
   § 208. PUBLIC PETITIONS FOR RULE MAKING. 1.  ANY PERSON OR PERSONS MAY
 PETITION AN AGENCY TO REQUEST THE ADOPTION, AMENDMENT, OR  REPEAL  OF  A
 RULE.
   2. A PETITION SHALL MEET THE FOLLOWING MINIMUM REQUIREMENTS:
   (A) THE PETITION SHALL INCLUDE THE FULL NAME AND ADDRESS OF EACH PETI-
 TIONER  AND  OF  ANY ENTITY OR ORGANIZATION WITH WHICH THE PETITIONER IS
 AFFILIATED; AND IF THERE ARE MULTIPLE  PETITIONERS  SHALL  IDENTIFY  THE
 PERSON   TO  WHOM  COMMUNICATIONS  CONCERNING  THE  PETITION  SHOULD  BE
 DIRECTED;
   (B) THE TEXT OF ANY PROPOSED CHANGES TO THE  CURRENT  RULES  SHALL  BE
 SUBMITTED  IN  A MANNER THAT CLEARLY IDENTIFIES THE WORDS TO BE ADDED TO
 OR DELETED FROM THE CURRENT RULES OF THE AGENCY;
   (C) THE PETITION  SHALL  IDENTIFY  THE  STATUTORY  AUTHORITY  FOR  THE
 PROPOSED RULE;
   (D)  THE  PETITION  SHALL  INDICATE THE JUSTIFICATION FOR THE PROPOSED
 RULE, INCLUDING AN IDENTIFICATION OF THE PUBLIC BENEFIT OF THE ADOPTION,
 AMENDMENT OR REPEAL;
   (E) ANY PETITION THAT CONCERNS THE RULES OF MORE THAN ONE AGENCY SHALL
 BE SUBMITTED TO EACH SUCH AGENCY; AND
   (F) THE PETITION SHALL BE LIMITED TO ONE RULE OR A RELATED  SERIES  OF
 RULES AND SHALL NOT CONCERN ANY MATTER WHICH IS THE SUBJECT OF A CURRENT
 NOTICE OF PROPOSED RULE MAKING OR NOTICE OF EMERGENCY ADOPTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05158-01-1

 A. 1318                             2
 
   3.  AN  AGENCY  SHALL  MAINTAIN A PUBLICLY AVAILABLE FILE OF PETITIONS
 SUBMITTED TO IT PURSUANT TO THIS SECTION AND SHALL:
   (A)  POST INFORMATION ON ITS WEBSITE ON HOW PETITIONS MAY BE SUBMITTED
 TO THE AGENCY AND HOW THE PUBLIC MAY COMMENT ON SUCH PETITIONS;
   (B) POST A NOTICE WITHIN THIRTY DAYS OF RECEIPT  OF  A  PETITION  THAT
 INCLUDES THE FULL TEXT OR A SUMMARY THEREOF; AND
   (C)  SHALL  POST  WITHIN THIRTY DAYS OF ISSUANCE A WRITTEN DENIAL OF A
 PETITION.
   4. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION,  AN
 AGENCY  SHALL  NOT BE REQUIRED TO TAKE ANY ACTION IN RESPONSE TO A PETI-
 TION, BUT MAY IN ITS DISCRETION PUBLISH A NOTICE OF PROPOSED RULE MAKING
 OR A WRITTEN DENIAL OF A PETITION OR MAY SOLICIT ADDITIONAL INFORMATION,
 THROUGH THE CONDUCT OF PUBLIC HEARINGS OR OTHERWISE, ON THE MERITS OF  A
 PETITION.
   (B)  WITHIN  ONE  HUNDRED EIGHTY DAYS OF RECEIPT OF A PETITION MEETING
 THE REQUIREMENTS OF THIS SECTION THAT HAS BEEN SIGNED BY ONE HUNDRED  OR
 MORE RESIDENTS OF THE STATE, AN AGENCY SHALL EITHER DENY THE PETITION IN
 WRITING,  STATING  ITS REASONS FOR DENIAL, OR ISSUE A NOTICE OF PROPOSED
 RULE MAKING IN ACCORDANCE WITH THIS ARTICLE.   SUCH NOTICE  OF  PROPOSED
 RULE  MAKING  SHALL  INCLUDE  INFORMATION ON THE INITIATING PETITION AND
 SHALL BE SUBMITTED FOR PUBLICATION IN  THE  STATE  REGISTER  WITHIN  TWO
 HUNDRED  SEVENTY  DAYS  OF RECEIPT OF SUCH PETITION. THE AGENCY MAY VARY
 THE TEXT OF THE PROPOSED RULE FROM THE TEXT SUBMITTED WITH THE PETITION.
   (C) DENIAL OF A PETITION ON THE BASIS THAT IT DOES NOT MEET THE  MINI-
 MUM  REQUIREMENTS  OF THIS SECTION DOES NOT PRECLUDE THE SUBMISSION OF A
 NEW PETITION ON THE SAME SUBJECT THAT SEEKS TO CORRECT ANY DEFICIENCIES.
   5. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  LIMIT  OR  MODIFY  THE
 APPLICABILITY OF ANY OTHER PROVISION OF LAW CONCERNING PETITIONS FOR THE
 ADOPTION, MODIFICATION OR REVOCATION OF RULES, INCLUDING BUT NOT LIMITED
 TO  SECTION  THIRTY-SIX-A OF THE AGRICULTURE AND MARKETS LAW AND SECTION
 SIX HUNDRED SEVENTY-SIX OF THE LABOR LAW.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.