S T A T E O F N E W Y O R K
________________________________________________________________________
6412
2011-2012 Regular Sessions
I N A S S E M B L Y
March 16, 2011
___________
Introduced by M. of A. SIMOTAS -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to
improving the review of existing rules and agency outreach efforts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 207 of the state administrative
procedure act, as amended by chapter 327 of the laws of 2003, is amended
and a new subdivision 6 is added to read as follows:
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, shall invite public comment on the continuation or
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 THAT PUBLISHES ITS REGULATORY AGENDA ON ITS
WEBSITE SHALL ALSO PUBLISH THE LIST OF RULES THAT MUST BE REVIEWED
PURSUANT TO THIS SECTION ON ITS WEBSITE. ANY OTHER AGENCY MAY PUBLISH
SUCH LIST ON ITS WEBSITE. IF THE ORIGINAL NOTICE OF PROPOSED RULE MAKING
FOR A LISTED RULE REQUIRED THE PREPARATION OF A REGULATORY FLEXIBILITY
ANALYSIS AND/OR A RURAL AREA FLEXIBILITY ANALYSIS, 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 SOLICITATION OF INPUT THROUGH ELECTRONIC MEANS OR THROUGH
ANY OF THE ACTIVITIES LISTED IN SUBDIVISION SIX OF SECTION TWO HUNDRED
TWO-B AND SUBDIVISION SEVEN OF SECTION TWO HUNDRED TWO-BB OF THIS ARTI-
CLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05982-01-1
A. 6412 2
6. THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL MONITOR AGENCY
COMPLIANCE WITH THE PROVISIONS OF THIS SECTION AND SHALL MAKE RECOMMEN-
DATIONS TO AGENCIES FOR IMPROVED COMPLIANCE AND FOR PROVIDING MORE
EFFECTIVE OUTREACH TO SMALL BUSINESSES, LOCAL GOVERNMENTS, AND PUBLIC
AND PRIVATE INTERESTS IN RURAL AREAS.
S 2. Subdivision 1 of section 202-d of the state administrative proce-
dure act is amended by adding a new paragraph (e) to read as follows:
(E) THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL MONITOR AGENCY
COMPLIANCE WITH THIS SECTION AND SHALL MAKE RECOMMENDATIONS TO AGENCIES
FOR IMPROVED COMPLIANCE AND FOR PROVIDING MORE EFFECTIVE OUTREACH TO
SMALL BUSINESSES, LOCAL GOVERNMENTS AND PUBLIC AND PRIVATE INTERESTS IN
RURAL AREAS.
S 3. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law; provided that the
amendments to subdivision 1 of section 202-d of the state administrative
procedure act, made by section two of this act, shall not affect the
expiration of such subdivision pursuant to chapter 402 of the laws of
1994, as amended, and shall expire therewith.