senate Bill S6869

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

  • 24 / Mar / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 29 / Apr / 2014
    • 1ST REPORT CAL.401
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

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

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Bill Details

Versions:
S6869
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd ยงยง207 & 202, St Ad Proc Act

Sponsor Memo

BILL NUMBER:S6869

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 rule making, 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 2019 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
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 2 amends section 202 of the State Administrative Procedure Act
to require agencies to provide additional information in its notice of
proposed rule making 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
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 4 states that this bill shall take effect immediately.

JUSTIFICATION:

In the fall of 2013, the 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 duplicative, and the requirements should be easily accessible by
those who must comply. The Senate Majority Coalition issued a
comprehensive report 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 report was only the first step in an ongoing effort


by the Senate Majority Coalition to minimize the regulatory burden of
New York State.

This bill furthers this effort 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 rule
making, 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 regulatory structure: rules that are duplicative, do not take
into account current technology, and are not up to date with current
industry practices. This bill addresses the problem by requiring
agencies to analyze existing rules using the above listed criteria and
report their findings.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

Immediately.

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

                                  6869

                            I N  S E N A T E

                             March 24, 2014
                               ___________

Introduced  by  Sens.  GALLIVAN,  MARCHIONE,  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
  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  paragraph  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 NINETEEN CALENDAR
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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14390-03-4

S. 6869                             2

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.
  S 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-
agraph (v) as amended by chapter 429 of the laws of  2003,  subparagraph
(vii)  as  amended  by  chapter 171 of the laws of 1994 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
agency  shall  determine  a  reasonable  fee  for  all such interpreting
services which shall be a charge upon the agency;

S. 6869                             3

  (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,
if any, 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 [chapter] 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 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 [chapter] ARTICLE, provided, howev-
er, if an analysis exceeds two thousand words, the notice shall  include
only a summary of such analysis in less than two thousand words;
  [(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.
  S 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, and subpara-
graphs (vi) and (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;
  (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 [subparagraph (ii) of] paragraph [(a)] (II) of  subdi-
vision  six  of  section  two  hundred  two-a of this [chapter] 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;

S. 6869                             4

  [(vi)] (VII) include a revised  regulatory  flexibility  analysis  and
rural  area  flexibility  analysis,  when  required by the provisions of
[subparagraph (ii) of] paragraph [(a)]  (II)  of  subdivision  seven  of
section  two  hundred  two-b  and  paragraph (b) of subdivision eight of
section two hundred two-bb of this [chapter] 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.
  S 4. This act shall take effect immediately.

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