Assembly Bill A7639A

2013-2014 Legislative Session

Provides for public comment during the initial development, preparation and promulgation of rules

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

2013-A7639 - Details

See Senate Version of this Bill:
S2160
Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §§202, 202-a & 202-b, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2011-2012: S6439
2015-2016: A2354

2013-A7639 - Summary

Provides for public comment during the initial development, preparation and promulgation of rules; establishes an affirmative duty upon agencies to reach out to regulated persons who may be adversely affected by a proposed rule, and to obtain such persons' comments and cost estimates.

2013-A7639 - Bill Text download pdf

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

                                  7639

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2013
                               ___________

Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to amend the state administrative procedure act, in relation to
  providing for public comment during the initial development,  prepara-
  tion and promulgation of rules

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

  Section 1.  Paragraph (b) of subdivision 4-a of  section  202  of  the
state  administrative procedure act, as added by chapter 335 of the laws
of 1992, is amended to read as follows:
  (b) Each agency shall publish and make  available  to  the  public  an
assessment  of public comment for a rule revised pursuant to this subdi-
vision. Such assessment shall be based upon any written comments submit-
ted to the  agency  DURING  THE  INITIAL  DEVELOPMENT,  PREPARATION  AND
PROMULGATION  OF  SUCH  PROPOSED  RULE and any comments presented at any
public hearing held on the proposed rule by the agency.  The  assessment
shall  contain:   (i) a summary and an analysis of the issues raised and
significant alternatives suggested by any such comments; (ii)  a  state-
ment  of  the reasons why any significant alternatives were not incorpo-
rated into the rule; and (iii) a description of any changes made in  the
rule  as  a  result of such comments. If no comments have been received,
the notice of revised rule making shall  state  that  no  comments  were
received  by the agency. Any subsequent assessment published pursuant to
this paragraph or paragraph (b) of subdivision five of this section need
only include comments not addressed in any previously published  assess-
ment  of public comment for the rule; provided, however, that the notice
of revised rule making or adoption shall contain the date  any  previous
notice of revised rule making containing an assessment of public comment
was published in the state register.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04827-01-3

A. 7639                             2
              

co-Sponsors

2013-A7639A (ACTIVE) - Details

See Senate Version of this Bill:
S2160
Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §§202, 202-a & 202-b, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2011-2012: S6439
2015-2016: A2354

2013-A7639A (ACTIVE) - Summary

Provides for public comment during the initial development, preparation and promulgation of rules; establishes an affirmative duty upon agencies to reach out to regulated persons who may be adversely affected by a proposed rule, and to obtain such persons' comments and cost estimates.

2013-A7639A (ACTIVE) - Bill Text download pdf

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

                                 7639--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2013
                               ___________

Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
  tee  on  Governmental  Operations  --  recommitted to the Committee on
  Governmental Operations in accordance with Assembly Rule 3, sec. 2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the state administrative procedure act, in  relation  to
  providing  for public comment during the initial development, prepara-
  tion and promulgation of rules

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

  Section  1.    Paragraph  (b) of subdivision 4-a of section 202 of the
state administrative procedure act, as added by chapter 335 of the  laws
of 1992, is amended to read as follows:
  (b)  Each  agency  shall  publish  and make available to the public an
assessment of public comment for a rule revised pursuant to this  subdi-
vision. Such assessment shall be based upon any written comments submit-
ted  to  the  agency  DURING  THE  INITIAL  DEVELOPMENT, PREPARATION AND
PROMULGATION OF SUCH PROPOSED RULE and any  comments  presented  at  any
public  hearing  held on the proposed rule by the agency. The assessment
shall contain:  (i) a summary and an analysis of the issues  raised  and
significant  alternatives  suggested by any such comments; (ii) a state-
ment of the reasons why any significant alternatives were  not  incorpo-
rated  into the rule; and (iii) a description of any changes made in the
rule as a result of such comments. If no comments  have  been  received,
the  notice  of  revised  rule  making shall state that no comments were
received by the agency. Any subsequent assessment published pursuant  to
this paragraph or paragraph (b) of subdivision five of this section need
only  include comments not addressed in any previously published assess-
ment of public comment for the rule; provided, however, that the  notice
of  revised  rule making or adoption shall contain the date any previous

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04827-04-4

              

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