senate Bill S6447B

Signed By Governor
2011-2012 Legislative Session

Relates to review of existing rules

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Sponsored By

Archive: Last Bill Status Via A9274 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 03, 2012 signed chap.462
Sep 21, 2012 delivered to governor
Jun 19, 2012 returned to assembly
repassed senate
3rd reading cal.771
substituted for s6447b
Jun 19, 2012 substituted by a9274b
Jun 12, 2012 amended on third reading 6447b
May 30, 2012 amended on third reading (t) 6447a
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.771
Feb 09, 2012 referred to commerce, economic development and small business

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S6447 - Bill Details

See Assembly Version of this Bill:
A9274B
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §§202-d & 207, St Ad Proc Act; amd §2, Chap 402 of 1994
Versions Introduced in 2011-2012 Legislative Session:
A9274B

S6447 - 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: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.

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                    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.

Co-Sponsors

S6447A - Bill Details

See Assembly Version of this Bill:
A9274B
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §§202-d & 207, St Ad Proc Act; amd §2, Chap 402 of 1994
Versions Introduced in 2011-2012 Legislative Session:
A9274B

S6447A - 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:S6447A

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:
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 clarify and provide for more effective review of existing
rule.

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 207 to clarify when a rule must be
reviewed. A rule must be reviewed no later than the fifth calendar
year specified in the notice of adoption for the rule and thereafter,
every rule must be re-reviewed at five year intervals. The bill also
requires that for any rule which a rural area flexibility analysis or
jab impact statement is prepared, the initial review shall occur no
later than the third calendar year specified in the notice of
adoption for such rule or before the fifth calendar year. An agency
may propose a different review period of not more than five years in
a statement with a justification for doing so, and must allow for
public comment on it. The review period specified for the rule must
accompany the notice of adoption.

Section 3: Amends SAPA section 207 to requires an agency that
publishes its regulatory agenda on its website it shall also publish
the list of rules that must be reviewed to this section on its website.

Section 4: Amends SAPA section 207 to requires the Secretary of State
to publish in the state register on a weekly basis a list of
delinquent agencies that have no submitted a list of rules which must
be reviewed as required.
An agency will continue to remain on the delinquent list until it has
published the notice as required.

Section 5: extends the law until December 31, 2016.

JUSTIFICATION:


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. The bill also clarifies the
review period for rules, specifically rules with a rural area
flexibility analysis or job impact statement as these rules would
have a direct impact on jobs in New York State.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
On the first of January next succeeding the date on which it shall
become law.

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

                                 6447--A
    Cal. No. 771

                            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 -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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. 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
rule making has been submitted pursuant to subdivision  one  of  section
two hundred two of this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14077-04-2

S. 6447--A                          2

  (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)  THE TIME FRAMES OR APPROXIMATE DATES FOR PUBLIC HEARINGS,
MEETINGS OR OTHER OPPORTUNITIES FOR PUBLIC PARTICIPATION IN THE DEVELOP-
MENT  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 repre-
sentative, knowledgeable on such regulatory agenda, from whom any infor-
mation 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
AND 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 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[,]: (A)
any rule which is adopted on or after the effective date of this section
shall be reviewed [after five years] NO LATER THAN IN THE FIFTH CALENDAR
YEAR  SPECIFIED IN THE NOTICE OF ADOPTION FOR THE RULE, and, thereafter,
EVERY RULE SHALL BE RE-REVIEWED at five-year intervals.
  (B) PROVIDED, HOWEVER, (I) FOR ANY RULE FOR WHICH A RURAL AREA  FLEXI-
BILITY  ANALYSIS OR JOB IMPACT STATEMENT IS PREPARED, THE INITIAL REVIEW
SHALL OCCUR NO LATER THAN THE  THIRD  CALENDAR  YEAR  SPECIFIED  IN  THE
NOTICE OF ADOPTION FOR SUCH RULE OR BEFORE THE FIFTH CALENDAR YEAR; (II)
NOT  WITHSTANDING  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH, AN 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.

S. 6447--A                          3

  (C) THE REVIEW PERIOD SPECIFIED  FOR  THE  RULE  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.
  S 4. Section 207 of the state administrative procedure act is  amended
by adding a new subdivision 6 to read as follows:
  6.  THE  SECRETARY  OF  STATE SHALL PUBLISH IN THE STATE REGISTER ON A
WEEKLY BASIS A LIST OF DELINQUENT AGENCIES THAT  HAVE  NOT  SUBMITTED  A
LIST  OF  RULES  WHICH  MUST BE REVIEWED AS REQUIRED BY THIS SECTION. AN
AGENCY SHALL CONTINUE TO BE PUBLISHED 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
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  section four of this act shall take effect on the first of Septem-
ber next succeeding the date on  which  it  shall  have  become  a  law;
provided, further, 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

S6447B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9274B
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §§202-d & 207, St Ad Proc Act; amd §2, Chap 402 of 1994
Versions Introduced in 2011-2012 Legislative Session:
A9274B

S6447B (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:S6447B

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 OR GENERAL IDEA OF BILL:
This bill would continue for four more years the improvements made to
agency regulatory agendas, and would improve the effectiveness of the
current "5-year review" process by providing for better outreach and
more timely initial review of rules that impact small businesses and
local governments.

SUMMARY OF PROVISIONS:
Bill § 1 amends §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 § 207(1) to provide that the initial review
period for a rule, currently fixed at S 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. For any
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 after 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 website shall
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, rural area flexibility analysis or a
job impact statement 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).

Bill § 4 continues previously-enacted statutory provisions to
authorize electronic publication of regulatory agendas for another
four years.

SUMMARY OF AMENDMENTS:
The bill was first amended to (1) require a regulatory agenda to
include an e-mail 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 than
the default period (third year after rule adoption), such period
cannot exceed the otherwise-applicable five-year limit; and (3) make
other technical and clarifying changes.

A second round of amendments required agencies to publish their
regulatory agendas and rule review lists on their websites, clarified
the schedule for rule reviews, and made other changes for clarity and
to minimize any impositions on agency workloads.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
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 and
participation in this process.
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
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 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 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.

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.

The bill also extends the provisions of SAP A 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.

EFFECTIVE DATE:
1st day of January after becoming law, provided that the new schedule
for initial review of rules will apply to rules adopted on or after
such date. The amended provisions of SAPA 202-d are continued only
until December 31, 2016.

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

                                 6447--B
    Cal. No. 771

                            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 -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in  the order of third reading -- again amended and ordered reprinted,
  retaining its place in the order of third reading

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),  (b) and (c) 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] TO PROPOSE, but for
which no notice of proposed rule making has been submitted  pursuant  to
subdivision one of section two hundred two of this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14077-06-2

S. 6447--B                          2

  (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
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]  MAY  MAINTAIN  a  continuously
updated regulatory agenda, wherein a description of a rule is added when
the agency begins to consider proposing it and is removed when the agen-
cy  PROPOSES  SUCH  RULE  OR  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.
  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. (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 [five years] THE YEAR IN  WHICH  THE  RULE  IS
ADOPTED,  and,  thereafter, EVERY RULE SHALL BE RE-REVIEWED at five-year
intervals.
  (B) FOR ANY RULE FOR WHICH A REGULATORY  FLEXIBILITY  ANALYSIS,  RURAL
AREA  FLEXIBILITY  ANALYSIS  OR  JOB  IMPACT  STATEMENT IS REQUIRED, THE
INITIAL REVIEW SHALL OCCUR NO LATER THAN  IN  THE  THIRD  CALENDAR  YEAR
AFTER THE YEAR IN WHICH THE RULE IS ADOPTED; PROVIDED, HOWEVER, THAT THE
AGENCY  MAY PROPOSE A DIFFERENT REVIEW PERIOD IN SUCH ANALYSIS OR STATE-
MENT, ALONG WITH ITS JUSTIFICATION FOR DOING SO, AND SHALL INVITE PUBLIC
COMMENT THEREON. THE REVIEW PERIOD SPECIFIED FOR THE RULE AND AN ASSESS-
MENT 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

S. 6447--B                          3

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.
  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] 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 5. This act shall take effect immediately,  provided,  however  that
sections  one,  two and three of this act shall take effect on the first
of January next succeeding the date on which it shall have become a law;
provided, further, that section two of this act shall apply to any  rule
adopted on or after such date; and provided, further 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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