senate Bill S6440A

2011-2012 Legislative Session

Relates to review of existing rules

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1027
May 09, 2012 print number 6440a
amend and recommit to commerce, economic development and small business
Feb 09, 2012 referred to commerce, economic development and small business

Votes

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Jun 5, 2012 - Commerce, Economic Development and Small Business committee Vote

S6440A
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: Jun 5, 2012

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6440 - Bill Details

Current Committee:
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §§202-d & 207, St Ad Proc Act; amd §2, Chap 402 of 1994

S6440 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6440

TITLE OF BILL:
An act
to amend the state administrative procedure act, in relation to
continuing improvements to agency regulatory agendas and
providing more effective review of existing rules; and
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 extending the expiration of certain provisions of such
chapter

PURPOSE:
This bill would improve the effectiveness of the current "5-year
review" process in SAPA by providing for more better outreach and
more timely initial review of rules that impact small businesses and
local governments, and improve agency performance by highlighting
cases of non-compliance.

SUMMARY OF PROVISIONS:
Bill § 2 amends § 207 of the State Administrative Procedure Act (SAPA)
to provide that:

o The initial review period for a rule, currently fixed at 5 years
for every rule, could be accelerated by the agency so that the impact
of new regulatory provisions could be evaluated on a more timely and
appropriate schedule. The maximum period for initial review would be
after 5 years. A rule that imposes an adverse impact or paperwork or
compliance requirements on small businesses, local governments or
rural areas, the default period for initial review would be 2 years,
but the agency could propose a different initial period for such
review and invite comment on its justification.

o An agency that publishes its regulatory agenda on its website shall
also include the list of rules that must be reviewed on a five-year
cycle pursuant to §207.

o Any listed rule that originally required the preparation of a
regulatory flexibility analysis and/or a rural area flexibility
analysis shall be identified and the agency 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 online or other electronic means or through the
activities listed in SAPA §202-b(6) or §202-bb(7).

o Beginning with the first issue in September, the Secretary of State
will publish in the State Register on a weekly basis a delinquent
list of agencies that have not commenced a required review of rules
for that year.

JUSTIFICATION:
One common complaint about rulemaking is that, once adopted,
regulations tend to remain on the books forever without any further
review. In order to prevent the rules on its books from becoming


stale and outdated, New York State enacted legislation in 1996 to
establish a "5-year review" cycle for substantive rules. Agencies are
required to list the rules they adopted five years ago, and
thereafter to re-review these rules every five years, stating their
intentions to modify them or their justification for retaining them
unchanged. The public is invited to comment on the continued need for
the rules.

Over time, some shortcomings in the SAPA §207 process have become
apparent. For example, the mandatory timeframe for an initial review
of rules that adversely impact small businesses is, in many cases,
too untimely. If the costs and burdens of a new rule exceed the
agency's estimates, many small businesses may not survive until the
rule is initially reviewed five years down the road. This bill
recognizes that accelerated review may be appropriate for specific
rules and makes provisions for scheduling initial reviews for periods
of less than 5 years.

For rules impacting small businesses, local governments or rural
entities, the default period for initial review would be after 2
years (which could be varied by the agency with justification), and
agencies would be required to engage in outreach efforts to encourage
participation on the review by such affected parties. (Similar
outreach provisions were added to SAP A §202-d, providing for
publication of prospective regulatory agendas, in 2008.) The default
period would remain 5 years for other rules, but could also be
adjusted by the agency based on the specifics of the rule. This
approach will allow New York agencies to commence an initial review
in less than 5 years, as is the practice in other states like Florida
and Hawaii (2 years) and Massachusetts (4 years), while ending the
requirement for a "one-size-fits-all" schedule.

In recent years there have been indications that agencies don't always
pay careful attention to the rule review process. For example, in
2008 the Assembly and Senate co-Chairs of the Administrative
Regulations Review Commission wrote to three agencies concerning
deficiencies in their efforts. One agency announced that it was
retaining its rules from 2003 -- without first soliciting any public
comment. A second agency reviewed its rules from 2007, instead of 2003.
A third reviewed its 2003 adoptions but failed to re-review the rules
it had originally adopted in 1998, including several highly
significant rules. More recently, one agency in 2011 has finally
commenced reviews of existing rules that it should have conducted in
2008, 2009 and 2010.
The publication of a list of agencies that -- after 2/3 of the year
has passed - still have not complied with §207 should provide an
incentive for such agencies to commence their required reviews.

This bill is needed to make the SAPA review process more visible and
effective, particularly to those parties that can be significantly
harmed by the continuation of burdensome rules. The result should be
improved attention to ensuring that New York State's businesses and
local governments are not held back by yesterday's regulations.

LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
Savings will ultimately result from more effective efforts to
eliminate unneeded regulatory mandates on businesses and local
governments in the state.

EFFECTIVE DATE:
1st day of January after becoming law.

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

                                  6440

                            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
  continuing improvements to agency  regulatory  agendas  and  providing
  more  effective  review of existing rules; and 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  extending  the
  expiration of certain provisions of such chapter

  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  of  section  202-d  of  the
state  administrative  procedure  act,  as amended by chapter 193 of the
laws of 2008, is amended to read as follows:
  (a) The departments of health, education,  [insurance,]  environmental
conservation,  FINANCIAL  SERVICES,  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 designee shall,
and any other agency may, in its discretion, submit to the secretary  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 concerning any rule which  the
agency  is  considering  proposing,  but for which no notice of proposed
rule making has been submitted pursuant to subdivision  one  of  section
two hundred two of this article.
  S  2.  Subdivision 1 of section 207 of the state administrative proce-
dure act, as added by chapter 262 of the laws of  1996,  is  amended  to
read as follows:
  1.  Unless  the  contrary is specifically provided by another law, any
rule which is adopted on or after the effective  date  of  this  section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14123-02-2

S. 6440                             2

shall  be  reviewed  IN  THE  CALENDAR  YEAR  SPECIFIED IN THE NOTICE OF
ADOPTION FOR THE RULE, PROVIDED THAT AT A MINIMUM EVERY  RULE  SHALL  BE
INITIALLY  REVIEWED  after five years, and, thereafter, EVERY RULE SHALL
BE  RE-REVIEWED at five-year intervals. FOR ANY RULE FOR WHICH A REGULA-
TORY FLEXIBILITY ANALYSIS, RURAL AREA FLEXIBILITY ANALYSIS OR JOB IMPACT
STATEMENT IS PREPARED, THE INITIAL REVIEW SHALL OCCUR AFTER  TWO  YEARS;
PROVIDED, HOWEVER, THAT THE AGENCY MAY PROPOSE A DIFFERENT REVIEW PERIOD
IN  SUCH  ANALYSIS  OR STATEMENT, ALONG WITH ITS JUSTIFICATION FOR DOING
SO, AND SHALL INVITE PUBLIC COMMENT THEREON. THE REVIEW PERIOD SPECIFIED
FOR THE RULE AND AN ASSESSMENT OF  ANY  COMMENTS  ON  THIS  ISSUE  SHALL
ACCOMPANY THE NOTICE OF ADOPTION.
  S  3.  Subdivision 2 of section 207 of the state administrative proce-
dure act, as amended by chapter 327 of the laws of 2003, is  amended  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. 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 ANALY-
SIS, THE AGENCY SHALL SO INDICATE AND SHALL PROVIDE OUTREACH  AS  APPRO-
PRIATE  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 ELEC-
TRONIC 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 ARTICLE.
  S 4. Section 207 of the state administrative procedure act is  amended
by adding a new subdivision 6 to read as follows:
  6.  BEGINNING  WITH  THE  FIRST  ISSUE  IN SEPTEMBER OF EACH YEAR, THE
SECRETARY OF STATE SHALL PUBLISH IN THE STATE REGISTER ON A WEEKLY BASIS
A DELINQUENT LIST COMPRISED OF AGENCIES THAT HAVE NOT COMMENCED A REVIEW
AS REQUIRED BY THIS SECTION. AN AGENCY SHALL CONTINUE TO  BE  LISTED  ON
THE DELINQUENT LIST UNTIL IT HAS PUBLISHED THE NOTICE REQUIRED BY SUBDI-
VISION TWO OF THIS SECTION.
  S  5. 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] 2016, 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. 6440                             3

  S  6.  This  act  shall  take  effect on the first day of January next
succeeding the date on which it shall have become  law, provided, howev-
er, that the amendments to subdivision 1 of section 202-d of  the  state
administrative  procedure  act made by section one of this act shall not
affect  the expiration of such subdivision and shall be deemed to expire
therewith.

Co-Sponsors

S6440A (ACTIVE) - Bill Details

Current Committee:
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §§202-d & 207, St Ad Proc Act; amd §2, Chap 402 of 1994

S6440A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6440A

TITLE OF BILL:
An act to amend the state administrative procedure act, in relation to
continuing improvements to agency regulatory agendas and providing more
effective review of existing rules; and 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 extending the expiration of
certain provisions of such chapter

PURPOSE:
This bill would continue for four more years the improvements made to
agency regulatory agendas, improve the effectiveness of the current
"5-year review" process by providing for more better outreach and more
timely initial review of rules that impact small businesses and local
governments, and improve agency performance by highlighting cases of
non-compliance.

SUMMARY OF PROVISIONS:
Bill § 1 amends section 202-d of the State Administrative Procedure Act
(SAPA) to update the reference to the Department of Financial Services,
which has replaced the former Departments of Banking and Insurance.

Bill §2 amends SAPA section 207(1) to provide that the initial review
period for a rule, currently fixed at 5 years for every rule, could be
accelerated by the agency so that the impact of new regulatory
provisions could be evaluated on a more timely and appropriate schedule.
The maximum period for initial review would be after 5 years, A rule
that imposes and adverse impact or paperwork or compliance requirements
on small businesses, local governments or rural areas, the default peri-
od for initial review would be 2 years, but the agency could propose a
different initial period for such review and invite comment on its
justification.

Bill §3 amends SAPA §207(2) to provide that an agency that publishes its
regulatory agenda on its website shall also include the list of rules
that must be reviewed in the current year. Any listed rule that
originally required the preparation of a regulatory flexibility analysis
and/or a rural area flexibility analysis shall be identified and the
agency 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 online or other electronic means or
through the activities listed in SAP A §202-b(6) or §202-bb(7).

Bill §4 adds a new SAPP §207(6) providing that, beginning with the first
issue in September, the Secretary of State will publish in the State
Register on a weekly basis a delinquent list of agencies that have not
commenced a required review of rules for that year.

Bill §5 continues previously-enacted statutory provisions to authorize
electronic publication of regulatory agendas for another four years.

SUMMARY OF AMENDMENTS:
The bill is amended to (1) require a regulatory agenda to include an
email address for contacting the designated agency representative (this
provision is currently optional); (2) clarify that if an agency selects
an initial review period for a rule impacting small businesses or local
governments different that the default period (two years after rule
adoption), such period cannot exceed the otherwise-applicable five-year
limit; (3) clarify that an agency will be included on the delinquent
list if it fails to submit a list of rules that must be reviewed pursu-
ant to §207; and (4) make other technical and clarifying changes.

EXISTING LAW:
The current timeframe for initial review of newly-adopted regulatory
provisions is after 5 years. There are currently no requirements in the
regulatory agenda process for online posting of 5-year review lists, or
for outreach to affected small businesses, local governments, or rural
interests to promote their awareness of participation in this process,
and agencies that do not comply with SAPA §207 are not publicly identi-
fied. In addition, the bill continues present law relating to electronic
publication of regulatory agendas for another four years.

JUSTIFICATION:
One common complaint about rulemaking is that, once adopted, regulations
tend to remain on the books forever without any further review. In order
to prevent the rules on its books from becoming stale and outdated, New
York State enacted legislation in 1996 to establish a "5-year review"
cycle for substantive rules. Agencies are required to list the rules
they adopted five years ago, and thereafter to re-review these rules
every five years, stating their intentions to modify them or their
justification for retaining them unchanged. The public is invited to
comment on the continued need for the rules.

Over time, some shortcomings in the SAPA .207 process have become appar-
ent. For example, the mandatory timeframe for an initial review of rules
that adversely impact small businesses is, in many cases, too untimely.
If the costs and burdens of a new rule exceed the agency's estimates,
many small businesses may not survive until the rule is initially
reviewed five years down the road. This bill recognizes that accelerated
review may be appropriate for specific rules and makes provisions for
scheduling initial reviews for periods of less than 5 years.

For rules impacting small businesses, local governments or rural enti-
ties, the default period for initial review would be after 2 years
(which could be varied by the agency with justification), and agencies
would be required to engage in outreach efforts to encourage partic-
ipation on the review by such affected parties. (similar outreach
provisions were added to SAPA §202-d, providing for publication of
prospective regulatory agendas, in 2008). The default period would
remain 5 years for other rules, but could also be adjusted by the agency

based on the specifics for the rule. This approach will allow New York
agencies to commence an initial review in less than 5 years, as is the
practice in other states like Florida and Hawaii (2 years) and Massachu-
setts (4 years), while ending the requirement for a "one-size-fits-all"
schedule.

In recent years there have been indications that agencies don't always
pay careful attention to the rule review process. For example, in 2008
the Assembly and Senate Co-Chairs of the Administrative Regulations
Review Commission wrote to three agencies concerning deficiencies in
their efforts. One agency announced that it was retaining it rules from
2003 - without first soliciting any public comment. A second agency
reviewed its rules from 2007, instead of 2003. A third reviewed its
2003 adoptions but failed to review the rules it had originally adopted
in 1998, including several highly significant rules. More recently, one
agency in 2011 has finally commenced reviews of existing rules that it
should have conducted in 2008, 2009 and 2010. The publication of a list
of agencies that - after 2/3 of the year has passed - still have not
complied with §207 should provide an incentive for such agencies to
commence their required reviews.

This bill is needed to make SAPA review process more visible and effec-
tive, particularly to those parties that can he significantly banned by
the continuation of burdensome rules. The result should be improved
attention to ensuring that New York State's businesses and local govern-
ments are not held back by yesterday's regulations.

The bill also extends the provisions of SAPA authorizing the publication
of a continuously updated online regulatory agenda for another four
years. This will enable the State to provide more timely information and
effective outreach on rules under development as well as those under
review.

LEGISLATIVE HISTORY:
New bill.

LOCAL FISCAL IMPLICATIONS:
Savings will ultimately result from more effective efforts to eliminate
unneeded regulatory mandates on businesses and local governments in the
state.

EFFECTIVE DATE:
First day of January after becoming law, provided that the provisions of
SAPA §202-d are continued only until December 31, 2016.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6440--A

                            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  --  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
  continuing  improvements  to  agency  regulatory agendas and providing
  more effective review of existing rules; and 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 extending the
  expiration of certain provisions of such chapter

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

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section 202-d of
the state administrative procedure act, as amended by chapter 193 of the
laws of 2008, are amended to read as follows:
  (a)  The  departments of health, education, [insurance,] environmental
conservation, FINANCIAL  SERVICES,  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 concerning any rule
which the agency is considering proposing, but for which  no  notice  of
proposed  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  a  list  and  brief
description  of  subject matter being considered for rule making and the
name, public office, address, E-MAIL ADDRESS and telephone number of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14123-04-2

S. 6440--A                          2

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.]
  S 2. Subdivision 1 of section 207 of the state  administrative  proce-
dure  act,  as  added  by chapter 262 of the laws of 1996, is amended to
read as follows:
  1. Unless the contrary is specifically provided by  another  law,  any
rule  which  is  adopted  on or after the effective date of this section
shall be reviewed IN THE  CALENDAR  YEAR  SPECIFIED  IN  THE  NOTICE  OF
ADOPTION  FOR  THE  RULE, PROVIDED THAT AT A MINIMUM EVERY RULE SHALL BE
INITIALLY REVIEWED after five years, and, thereafter, EVERY  RULE  SHALL
BE  RE-REVIEWED at five-year intervals. FOR ANY RULE FOR WHICH A REGULA-
TORY FLEXIBILITY ANALYSIS, RURAL AREA FLEXIBILITY ANALYSIS OR JOB IMPACT
STATEMENT IS PREPARED, THE INITIAL REVIEW SHALL OCCUR AFTER  TWO  YEARS;
PROVIDED, HOWEVER, THAT THE AGENCY MAY PROPOSE A DIFFERENT REVIEW PERIOD
OF  NOT  MORE  THAN FIVE YEARS IN SUCH ANALYSIS OR STATEMENT, ALONG WITH
ITS JUSTIFICATION FOR DOING SO, AND SHALL INVITE PUBLIC COMMENT THEREON.
THE REVIEW PERIOD SPECIFIED FOR  THE  RULE  AND  AN  ASSESSMENT  OF  ANY
COMMENTS ON THIS ISSUE SHALL ACCOMPANY THE NOTICE OF ADOPTION.
  S  3.  Subdivision 2 of section 207 of the state administrative proce-
dure act, as amended by chapter 327 of the laws of 2003, is  amended  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 PURSUANT TO PARAGRAPH (C) OF  SUBDIVISION  ONE  OF  SECTION  TWO
HUNDRED  TWO-D OF THIS ARTICLE 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
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 ARTICLE.
  S  4. Section 207 of the state administrative procedure act is amended
by adding a new subdivision 6 to read as follows:
  6. BEGINNING WITH THE FIRST ISSUE  IN  SEPTEMBER  OF  EACH  YEAR,  THE
SECRETARY OF STATE SHALL PUBLISH IN THE STATE REGISTER ON A WEEKLY BASIS
A  DELINQUENT  LIST COMPRISED OF AGENCIES THAT HAVE NOT SUBMITTED A LIST
OF RULES WHICH MUST BE REVIEWED AS REQUIRED BY THIS SECTION.  AN  AGENCY
SHALL  CONTINUE  TO  BE  LISTED  ON  THE  DELINQUENT  LIST  UNTIL IT HAS
PUBLISHED THE NOTICE REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
  S 5. Section 2 of chapter 402 of the laws of 1994, amending the  state
administrative  procedure  act relating to requiring certain agencies to

S. 6440--A                          3

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] 2016, 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  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided,  however,
that  the  amendments  to  subdivision  1  of section 202-d of the state
administrative procedure act made by section one of this act  shall  not
affect  the expiration of such subdivision and shall be deemed to expire
therewith.

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