S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4170
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2023
                                ___________
 
 Introduced by M. of A. RA, PALMESANO, GANDOLFO, MILLER, MANKTELOW, MORI-
   NELLO,  REILLY,  BRABENEC,  DURSO,  TAGUE, BYRNES, J. M. GIGLIO, McDO-
   NOUGH,  J. A. GIGLIO,  HAWLEY,  LEMONDES,  JENSEN,  SIMPSON,  GOODELL,
   NORRIS,  MIKULIN -- read once and referred to the Committee on Govern-
   mental Operations

 AN ACT to amend the state administrative procedure act, in relation to a
   state agency adopting emergency regulations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a), (b) and (e) of subdivision 6 of section 202
 of  the  state  administrative  procedure act, paragraph (a) as added by
 chapter 17 of the laws of 1984 and paragraphs (b) and (e) as amended  by
 chapter 483 of the laws of 1988, are amended to read as follows:
   (a)  Notwithstanding  any  other  provision of law, if an agency finds
 that the immediate adoption of a rule is necessary for the  preservation
 of the public health, safety or general welfare and that compliance with
 the requirements of subdivision one of this section would be contrary to
 the  public  interest,  the agency may dispense with all or part of such
 requirements and adopt the rule on an emergency basis  EXCEPT  WHEN  THE
 RULE TO BE ADOPTED IS AN EXISTING ADOPTED EMERGENCY REGULATION, IN WHICH
 CASE  THE  AGENCY  MAY  NOT  DISPENSE  WITH  THE  REQUIREMENTS THAT SUCH
 READOPTION BE APPROVED BY CONCURRENT RESOLUTION OF THE SENATE AND ASSEM-
 BLY.
   (b) Unless otherwise provided by law, such emergency  rule  shall  not
 remain  in effect for longer than ninety days after being filed with the
 secretary of state unless within such time the agency complies with  the
 requirements  of  subdivision  one  of  this section and adopts the rule
 pursuant  to  the  provisions  of  subdivision  five  of  this  section,
 provided,  however,  if AN AGENCY DETERMINES THE READOPTION OF SUCH RULE
 IS NECESSARY ON AN EMERGENCY BASIS FOR THE PRESERVATION  OF  THE  PUBLIC
 HEALTH,  SAFETY AND GENERAL WELFARE AND COMPLIANCE WITH THE REQUIREMENTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05436-01-3
              

 A. 4170                             2
 
 OF SUBDIVISION ONE OF THIS SECTION  WOULD  BE  CONTRARY  TO  THE  PUBLIC
 INTEREST, THEN THE READOPTION OF SUCH RULE SHALL REQUIRE THE APPROVAL OF
 THE  SENATE  AND  ASSEMBLY  BY CONCURRENT RESOLUTION, AND such emergency
 rule is readopted prior to the expiration of such ninety day period such
 readoption  and any subsequent readoptions shall remain in effect for no
 longer than [sixty] THIRTY days.
   (e) If, prior to the expiration of a rule adopted  pursuant  to  para-
 graph  (a)  of this subdivision, the agency finds that the readoption of
 such rule on an emergency basis is necessary for the preservation of the
 public health, safety or general welfare, the  agency  may  readopt  the
 rule  on an emergency basis UPON APPROVAL BY THE SENATE AND ASSEMBLY. No
 readoption shall be filed with the secretary of state unless the  agency
 has  submitted  a notice of proposed rule making pursuant to subdivision
 one of this section AND SUCH READOPTION HAS BEEN APPROVED BY THE  SENATE
 AND THE ASSEMBLY. No second or subsequent readoption shall be filed with
 the  secretary  of  state  unless the agency at the same time submits an
 assessment of public comments prepared  pursuant  to  paragraph  (b)  of
 subdivision five of this section AND SUCH SUBSEQUENT READOPTION HAS BEEN
 APPROVED BY THE SENATE AND ASSEMBLY.
   § 2.  This act shall take effect immediately.