Assembly Bill A1586

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

                                  1586

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. ZEBROWSKI, GALEF, CAMARA, CRESPO, GUNTHER, STECK,
  SCARBOROUGH, OTIS, WALTER, RAIA, MONTESANO -- Multi-Sponsored by -- M.
  of  A.  BRENNAN,  COOK,  GOODELL,  SKARTADOS,  THIELE -- read once and
  referred to the Committee on Governmental Operations

AN ACT to amend the state administrative procedure act, in  relation  to
  public petitions for rule making

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

  Section 1. The state administrative procedure act is amended by adding
a new section 208 to read as follows:
  S 208. PUBLIC PETITIONS FOR RULE MAKING. 1.  ANY PERSON OR PERSONS MAY
PETITION AN AGENCY TO REQUEST THE ADOPTION, AMENDMENT, OR  REPEAL  OF  A
RULE.
  2. A PETITION SHALL MEET THE FOLLOWING MINIMUM REQUIREMENTS:
  (A) THE PETITION SHALL INCLUDE THE FULL NAME AND ADDRESS OF EACH PETI-
TIONER  AND  OF  ANY ENTITY OR ORGANIZATION WITH WHICH THE PETITIONER IS
AFFILIATED; AND IF THERE ARE MULTIPLE  PETITIONERS  SHALL  IDENTIFY  THE
PERSON   TO  WHOM  COMMUNICATIONS  CONCERNING  THE  PETITION  SHOULD  BE
DIRECTED;
  (B) THE TEXT OF ANY PROPOSED CHANGES TO THE  CURRENT  RULES  SHALL  BE
SUBMITTED  IN  A MANNER THAT CLEARLY IDENTIFIES THE WORDS TO BE ADDED TO
OR DELETED FROM THE CURRENT RULES OF THE AGENCY;
  (C) THE PETITION  SHALL  IDENTIFY  THE  STATUTORY  AUTHORITY  FOR  THE
PROPOSED RULE;
  (D)  THE  PETITION  SHALL  INDICATE THE JUSTIFICATION FOR THE PROPOSED
RULE, INCLUDING AN IDENTIFICATION OF THE PUBLIC BENEFIT OF THE ADOPTION,
AMENDMENT OR REPEAL;
  (E) ANY PETITION THAT CONCERNS THE RULES OF MORE THAN ONE AGENCY SHALL
BE SUBMITTED TO EACH SUCH AGENCY; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02976-01-5

A. 1586                             2
              

  (F) THE PETITION SHALL BE LIMITED TO ONE RULE OR A RELATED  SERIES  OF
RULES AND SHALL NOT CONCERN ANY MATTER WHICH IS THE SUBJECT OF A CURRENT
NOTICE OF PROPOSED RULE MAKING OR NOTICE OF EMERGENCY ADOPTION.
  3.  AN  AGENCY  SHALL  MAINTAIN A PUBLICLY AVAILABLE FILE OF PETITIONS
SUBMITTED TO IT PURSUANT TO THIS SECTION AND SHALL:
  (A) POST INFORMATION ON ITS WEBSITE ON HOW PETITIONS MAY BE  SUBMITTED
TO THE AGENCY AND HOW THE PUBLIC MAY COMMENT ON SUCH PETITIONS;
  (B)  POST  A  NOTICE  WITHIN THIRTY DAYS OF RECEIPT OF A PETITION THAT
INCLUDES THE FULL TEXT OR A SUMMARY THEREOF; AND
  (C) SHALL POST WITHIN THIRTY DAYS OF ISSUANCE A WRITTEN  DENIAL  OF  A
PETITION.
  4.  (A)  EXCEPT  AS  PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, AN
AGENCY SHALL NOT BE REQUIRED TO TAKE ANY ACTION IN RESPONSE TO  A  PETI-
TION, BUT MAY IN ITS DISCRETION PUBLISH A NOTICE OF PROPOSED RULE MAKING
OR A WRITTEN DENIAL OF A PETITION OR MAY SOLICIT ADDITIONAL INFORMATION,
THROUGH  THE CONDUCT OF PUBLIC HEARINGS OR OTHERWISE, ON THE MERITS OF A
PETITION.
  (B) WITHIN ONE HUNDRED EIGHTY DAYS OF RECEIPT OF  A  PETITION  MEETING
THE  REQUIREMENTS OF THIS SECTION THAT HAS BEEN SIGNED BY ONE HUNDRED OR
MORE RESIDENTS OF THE STATE, AN AGENCY SHALL EITHER DENY THE PETITION IN
WRITING, STATING ITS REASONS FOR DENIAL, OR ISSUE A NOTICE  OF  PROPOSED
RULE  MAKING  IN  ACCORDANCE WITH THIS ARTICLE.  SUCH NOTICE OF PROPOSED
RULE MAKING SHALL INCLUDE INFORMATION ON  THE  INITIATING  PETITION  AND
SHALL  BE  SUBMITTED  FOR  PUBLICATION  IN THE STATE REGISTER WITHIN TWO
HUNDRED SEVENTY DAYS OF RECEIPT OF SUCH PETITION. THE  AGENCY  MAY  VARY
THE TEXT OF THE PROPOSED RULE FROM THE TEXT SUBMITTED WITH THE PETITION.
  (C)  DENIAL OF A PETITION ON THE BASIS THAT IT DOES NOT MEET THE MINI-
MUM REQUIREMENTS OF THIS SECTION DOES NOT PRECLUDE THE SUBMISSION  OF  A
NEW PETITION ON THE SAME SUBJECT THAT SEEKS TO CORRECT ANY DEFICIENCIES.
  5.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO LIMIT OR MODIFY THE
APPLICABILITY OF ANY OTHER PROVISION OF LAW CONCERNING PETITIONS FOR THE
ADOPTION, MODIFICATION OR REVOCATION OF RULES, INCLUDING BUT NOT LIMITED
TO SECTION THIRTY-SIX-A OF THE AGRICULTURE AND MARKETS LAW  AND  SECTION
SIX HUNDRED SEVENTY-SIX OF THE LABOR LAW.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.