senate Bill S6447

Amended

Relates to review of existing rules

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Feb / 2012
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 15 / May / 2012
    • 1ST REPORT CAL.771
  • 16 / May / 2012
    • 2ND REPORT CAL.
  • 21 / May / 2012
    • ADVANCED TO THIRD READING
  • 30 / May / 2012
    • AMENDED ON THIRD READING (T) 6447A
  • 12 / Jun / 2012
    • AMENDED ON THIRD READING 6447B
  • 19 / Jun / 2012
    • SUBSTITUTED BY A9274B

Summary

Provides for more effective review of existing rules; requires more frequent review of certain rules and publication of agencies which fail to review rules; extends certain provisions relating to the state register.

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Bill Details

Versions:
S6447
S6447A
S6447B
Legislative Cycle:
2011-2012
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §§202-d & 202-e, rpld §202-e sub 3, St Ad Proc Act; amd §2, Chap 402 of 1994
Versions Introduced in 2011-2012 Legislative Cycle:
A9274B

Sponsor Memo

BILL NUMBER:S6447

TITLE OF BILL:
An act to amend the state administrative procedure act, in relation to
the publishing of state agency regulatory agenda and eliminating the
exemption granted to the department of environmental conservation
relating to the requirement to publish its guidance documents; to
amend chapter 402 of the laws of 1994, amending the state
administrative procedure act relating to requiring certain agencies to
submit regulatory agendas for publication in the state register, in
relation to eliminating the expiration and repeal of such provisions;
to repeal subdivision 3 of section 202-e of the state administrative
procedure act relating to exemption from the requirement to publish
guidance documents; and providing for the repeal of certain provisions
upon expiration thereof

PURPOSE:
To update the provisions of the Regulatory Agenda as it relates to
electronic communication with state agencies and to simplify its
language to facilitate state agency use of the regulatory agenda
provisions of state administrative procedure act (SAPA) section 202-d.
To update the provisions related to public availability of state
agency guidance documents.

SUMMARY OF PROVISIONS:

Section 1: Amends SAPA section 202-d to modernize the provisions
related to publishing state agency regulatory agendas. This provision
was added to make it easier for state agencies to file regulatory
agendas, and hopefully, this will encourage more state agencies to
file such regulatory agendas more frequently.

Section 2: Amends SAPA section 202-e (1) to include the Department of
Environmental Conservation as an agency that must submit a list of all
guidance documents that it uses or relies upon and where such
documents can be obtained.

Section 3: Amends SAPA section 202-e (3) to repeal this provision of
law as it relates to the publication of guidance documents.

Section 4: Amends Chapter 402 of the Laws of 1994 which relates to the
expiration of SAPA section 202-d related to regulatory agendas. This
bill modernizes this provision and extends it to 2016.

JUSTIFICATION:
Neither the provisions of SAPA section 202-d (regulatory agenda) nor
the provisions of SAPA section 202-e (availability of guidance
documents to the public) have been systematically reviewed and
modernized since these laws were first adopted in 1994. This bill
modernizes these provisions to facilitate state agency use of these
provisions of law and to incorporate new electronic forms of
communication to comment on such rules.

LEGISLATIVE HISTORY:
New Bill.


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6447

                            I N  S E N A T E

                            February 9, 2012
                               ___________

Introduced  by  Sens. CARLUCCI, KLEIN, SAVINO, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Commerce, Economic Development and Small Business

AN  ACT  to amend the state administrative procedure act, in relation to
  the publishing of state agency regulatory agenda and  eliminating  the
  exemption  granted  to  the  department  of environmental conservation
  relating to the requirement to  publish  its  guidance  documents;  to
  amend  chapter 402 of the laws of 1994, amending the state administra-
  tive procedure act relating to requiring certain  agencies  to  submit
  regulatory  agendas for publication in the state register, in relation
  to eliminating the expiration and repeal of such provisions; to repeal
  subdivision 3 of section 202-e of the state  administrative  procedure
  act  relating  to  exemption  from the requirement to publish guidance
  documents; and providing for the repeal  of  certain  provisions  upon
  expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 202-d of the state  administrative
procedure  act, as amended by chapter 193 of the laws of 2008, paragraph
(d) as amended by section 6 of part O of chapter 60 of the laws of 2011,
is amended to read as follows:
  1. (a) The departments of  health,  education,  [insurance]  FINANCIAL
SERVICES,  environmental conservation, labor, [banking,] agriculture and
markets, motor vehicles and state, the offices of  children  and  family
services  and temporary and disability assistance, [and] the division of
housing and community renewal, and the workers' compensation  board  and
any  other  department  specified by the governor or his OR HER designee
shall, and any other agency may, in its discretion, submit to the secre-
tary of state, for publication in the first regular issue of  the  state
register  published  during  the  month  of January and the last regular
issue of the state register published in June, a  regulatory  agenda  to
[afford  the  agency  an opportunity to] solicit comments FROM REGULATED
PERSONS AND THE GENERAL PUBLIC concerning any rule which the  agency  is
considering  [proposing] TO PROPOSE, but for which no notice of proposed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14077-02-2

S. 6447                             2

rule making has been submitted pursuant to subdivision  one  of  section
two hundred two of this article.
  (b)  A regulatory agenda shall be comprised of: (I) a [list and] brief
description of THE subject matter THAT IS being considered  for  A  rule
making;  (II)  A  SCHEDULE OF THE DATES FOR PUBLIC HEARINGS, MEETINGS OR
OTHER OPPORTUNITIES FOR PUBLIC PARTICIPATION IN THE DEVELOPMENT OF  SUCH
RULE;  (III)  A  PROBABLE  DATE  OR TIME FRAME IN WHICH SUCH RULE MAY BE
FILED AS A PROPOSED RULE; and (IV)  the  name,  public  office,  address
[and], telephone number AND E-MAIL ADDRESS of the agency representative,
knowledgeable  on  such regulatory agenda, from whom any information may
be obtained and to whom written comments  may  be  submitted  concerning
such  regulatory agenda. [An e-mail address for requests for information
and submission of comments may also be included.]
  (c) Agencies shall publish  the  regulatory  agendas  AND  INFORMATION
RELATED  TO  SUCH  AGENDAS on their respective websites [whenever feasi-
ble]. An agency that publishes its  regulatory  agenda  on  its  website
[shall  have  the  option of maintaining a] MAY continuously MAINTAIN AN
updated regulatory agenda ON SUCH WEBSITE, wherein a  description  of  a
rule  is  added when the agency begins to consider proposing [it] SUCH A
RULE and is removed when the agency is no longer considering  [proposing
it]  TO PROPOSE SUCH A RULE. Such description shall identify the date on
which the description is first listed in the regulatory agenda and shall
conspicuously indicate that the description has been newly listed for  a
period of not less than thirty days after such date. In any year that an
agency  maintains a continuously updated regulatory agenda, it shall not
be required to publish a regulatory agenda in the last regular issue  of
the  state  register in June. The agency shall inform the public that it
maintains an updated regulatory agenda on its website and shall list the
address of its website in a notice published with the regulatory  agenda
such  agency  submits for publication in January. The secretary of state
shall republish this notice in the last regular issue in June.
  (d) An agency [shall identify each rule described]  in  PREPARING  its
regulatory  agenda  [for  which  a  regulatory flexibility analysis or a
rural area flexibility analysis may  be  required,  and]  shall  provide
outreach  INFORMATION  as  IS appropriate to INFORM potentially affected
small businesses, local governments and public and  [private  interests]
ALL  OTHER  REGULATED  PERSONS,  INCLUDING THOSE LOCATED in rural areas.
Such outreach EFFORTS may include solicitation of input from potentially
affected parties 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.
  S 2. Subdivision 1 of section 202-e of the state administrative proce-
dure act, as amended by chapter 253 of the laws of 2005, is  amended  to
read as follows:
  1.  Not  less  than  once  each year, every agency shall submit to the
secretary of state for publication in the state register a list  of  all
guidance  documents  on  which  the agency currently relies, and provide
information on where and how regulated parties and members of the public
may inspect and obtain copies of any such document[; provided,  however,
that  the  department of environmental conservation shall be exempt from
the requirements of this subdivision]. Unless otherwise provided for  by
law,  an  agency  may  make  such documents available as provided in the
freedom of information law, and may charge fees pursuant to such law for
copies of any such document.
  S 3. Subdivision 3 of section 202-e of the state administrative proce-
dure act is REPEALED.

S. 6447                             3

  S 4. Section 2 of chapter 402 of the laws of 1994, amending the  state
administrative  procedure  act relating to requiring certain agencies to
submit regulatory agendas for publication  in  the  state  register,  as
amended  by  chapter  193  of  the  laws  of 2008, is amended to read as
follows:
  S  2.  This  act  shall  take effect on the first day of November next
succeeding the date on which it shall  have  become  a  law  [and  shall
expire  and  be deemed repealed on December 31, 2012, and upon such date
the provisions of subdivisions 1 and 2 of section  202-d  of  the  state
administrative procedure act as amended by section one of this act shall
revert  to and be read as set out in law on the date immediately preced-
ing such effective date].
  S 5. This act shall take effect  immediately  and  the  amendments  to
subdivision  1  of  section  202-d of the state administrative procedure
act, made by section one  of  this  act,  shall  expire  and  be  deemed
repealed  4  years  after  such  effective date, and upon such date such
subdivision shall revert to and be read as set out in law  on  the  date
immediately preceding such effective date.

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