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

                                  4484

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

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

AN ACT to amend the state administrative procedure act, in  relation  to
  enacting  the  "public participation in rulemaking act"; and providing
  for the repeal of such provisions upon expiration thereof

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "public participation in rulemaking act".
  S 2. Subdivision 1 of section 102 of the state  administrative  proce-
dure  act,  as amended by chapter 635 of the laws of 1995, is amended to
read as follows:
  1. "Agency" means any department, board, bureau, commission, division,
office, council, committee or officer of the state, or a public  benefit
corporation  or  public  authority  at  least  one  of  whose members is
appointed by the governor, authorized by law to make rules  or  to  make
final  decisions  in  adjudicatory proceedings but shall not include the
governor, agencies in the legislative and  judicial  branches,  agencies
created  by  interstate compact or international agreement, the division
of military and naval affairs to the extent it exercises  its  responsi-
bility for military and naval affairs, the division of state police, the
identification and intelligence unit of the division of criminal justice
services,  the  state  insurance fund, the unemployment insurance appeal
board, and except for purposes of subdivision one of section two hundred
two-d AND SECTION TWO  HUNDRED  TWO-F  of  this  chapter,  the  workers'
compensation  board and except for purposes of article two of this chap-
ter, the state division of parole and  the  department  of  correctional
services.
  S 3. The state administrative procedure act is amended by adding a new
section 202-f to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04122-02-1

              

A. 4484                             2

  S  202-F.  PUBLIC  HEARINGS. 1. WHENEVER A PUBLIC HEARING IS HELD ON A
PROPOSED RULE PURSUANT TO THIS CHAPTER,  UNLESS  OTHERWISE  PROVIDED  IN
LAW, AN AGENCY IS AUTHORIZED TO UTILIZE INNOVATIVE TECHNIQUES TO ENHANCE
PUBLIC PARTICIPATION IN RULE MAKING, INCLUDING BUT NOT LIMITED TO ALLOW-
ING  THE  PUBLIC  TO  ASK QUESTIONS OF AGENCY PERSONNEL FOR A PORTION OF
SUCH HEARING, ORGANIZING SUCH HEARING AS A ROUNDTABLE DISCUSSION, SCHED-
ULING AN EVENING OR WEEKEND HEARING, AND USING BROADCASTING AND TELECON-
FERENCING TECHNOLOGIES; PROVIDED, HOWEVER, THAT NO SUCH INNOVATIVE TECH-
NIQUES SHALL BE USED IN A MANNER  WHICH  DIMINISHES  THE  ABILITY  WHICH
MEMBERS  OF  THE  PUBLIC WOULD OTHERWISE HAVE TO COMMENT ON THE PROPOSED
RULE AT A PUBLIC HEARING. EACH AGENCY LISTED IN SUBDIVISION FOUR OF THIS
SECTION SHALL, AND ANY OTHER AGENCY MAY, INCLUDE IN ITS ANNUAL REPORT  A
DESCRIPTION AND ANALYSIS OF ITS USE OF INNOVATIVE TECHNIQUES PURSUANT TO
THIS SUBDIVISION.
  2. EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, ANY AGENCY
LISTED  IN  SUBDIVISION  FOUR  OF THIS SECTION WHICH RECEIVES A PETITION
SUBSCRIBED BY NOT FEWER THAN ONE HUNDRED TWENTY-FIVE PERSONS RESIDING IN
THIS STATE REQUESTING A PUBLIC HEARING ON ANY RULE OR RULES  WHICH  HAVE
BEEN  PROPOSED  BY  THE AGENCY, OR HAVE BEEN DESCRIBED IN THE REGULATORY
AGENDA SUBMITTED BY THE AGENCY PURSUANT TO SECTION TWO HUNDRED TWO-D  OF
THIS  ARTICLE,  SHALL  HOLD  AT  LEAST ONE PUBLIC HEARING ON THE RULE OR
RULES; PROVIDED, HOWEVER, THAT ANY SUCH PETITION ON  A  RULE  WHICH  HAS
BEEN  PROPOSED MUST BE RECEIVED BY THE AGENCY NOT LATER THAN THE TWENTI-
ETH DAY BEFORE THE LAST DATE FOR SUBMISSION OF COMMENTS. ANY AGENCY THAT
RECEIVES A PETITION AFTER THE TWENTIETH DAY BEFORE  THE  LAST  DATE  FOR
SUBMISSION  OF COMMENTS AND ANY AGENCY NOT LISTED IN SUBDIVISION FOUR OF
THIS SECTION MAY ELECT TO HOLD A HEARING UPON RECEIPT OF A PETITION. DUE
CONSIDERATION SHALL BE GIVEN TO ANY REQUEST IN A PETITION THAT A HEARING
BE CONDUCTED IN A PARTICULAR REGION.
  3. AN AGENCY SHALL NOT BE REQUIRED TO HOLD A PUBLIC  HEARING  PURSUANT
TO  SUBDIVISION TWO OF THIS SECTION (A) ON A RULE FOR WHICH A HEARING IS
REQUIRED BY LAW AND HAS BEEN SCHEDULED OR HELD; (B) ON A CONSENSUS RULE;
OR (C) ON A RULE DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDI-
VISION TWO OF SECTION ONE HUNDRED TWO OF THIS  CHAPTER.  WHEN  A  PUBLIC
HEARING  HAS BEEN REQUESTED FOR ANY RULE DESCRIBED IN A REGULATORY AGEN-
DA, THE AGENCY SHALL NOT BE REQUIRED TO SCHEDULE A PUBLIC HEARING  UNTIL
SUCH TIME AS THE RULE IS PROPOSED.
  4.  THE  FOLLOWING AGENCIES SHALL ENGAGE IN THE REPORTING PROVIDED FOR
IN SUBDIVISION ONE OF THIS SECTION AND HOLD HEARINGS AS PROVIDED FOR  IN
SUBDIVISIONS  TWO  AND  THREE OF THIS SECTION: THE WORKERS' COMPENSATION
BOARD AND THE  DEPARTMENTS  OF  EDUCATION,  ENVIRONMENTAL  CONSERVATION,
HEALTH, INSURANCE, LABOR AND FAMILY ASSISTANCE.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, and shall  expire  and
be  deemed  repealed  on  the thirty-first day of December of the second
calendar year following such effective date,  and  shall  apply  to  all
rules  for  which a notice of proposed rule making or a description in a
regulatory agenda is published during such time period.