NY State Senate Bill 2015-S5219

Senate Bill S5219

2015-2016 Legislative Session

Establishes the office of administrative rulemaking compliance, and repeals provisions of law establishing the office of business permits

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to finance
May 07, 2015	referred to finance

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2015-S5219 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §146, rpld & add Art 39 §§875 - 880, Exec L; amd §§102, 202, 102-a & 202-b, St Ad Proc Act

2015-S5219 (ACTIVE) - Summary

Establishes the office of administrative rulemaking compliance, and repeals provisions of law establishing the office of business permits.

2015-S5219 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5219

TITLE OF BILL:

An act to amend the executive law and the state administrative
procedure act, in relation to establishing the office of
administrative rulemaking compliance, and providing for its powers and
duties; and to repeal article 39 of the executive law relating to the
office of business permits

PURPOSE:

To establish within the Department of State, the Office Administrative
Rulemaking Compliance (OARC). This office is needed to designate, in
law, one executive agency which is charged with the responsibility of
ensuring that all state agencies comply with the State Administrative
Procedure Act, (SAPA) both its substantive and procedural provisions.
Further, to help promote New York's business climate, it is optimum to
have one state agency ombudsman that individuals, businesses, and
regulated persons can contact if they have questions, comments, or
concerns on either how a state agency is promulgating a rule or the
substantive provisions of a such a rule.

SUMMARY OF PROVISIONS:

Section 1: Amends the Executive Law section 146, which lays out the

notice and publication provisions that govern the printing of the
State Register. Under the Executive Law, the Department of State is
responsible for publishing the State Register. Hence, it is best to
place the Office of Administrative Rulemaking Compliance (OARC) within
the Department of State since all rulemakings are filed with this
agency already. Under this provision, it clarifies the Department's
ability to refuse to publish a rule making notice, if the Department
does not believe that such agency has complied with substantive or
procedural requirements of SAPA. Under this provision, the Office may
review all notices of rulemakings that are filed with the Department
of State (DOS) and render an opinion that such filing does not comply
with SAPA and that such notice should not be published in the State
Register.

Section 2: Adds a new Executive Law Article 39 to establish the Office
of Administrative Rulemaking Compliance. This provision lays out the
legislative findings that necessitate that such an Office should be
established. It is made very clear in Article 39 that the functions of
the Office are to be contained in DOS and that it shall be the focal
point for functions that DOS is now currently providing with regard to
the enforcement of SAPA.

Among the Office's functions are to: 1) monitor agency actions that
relate to compliance with SAPA, 2) engage in a dialog with state
agencies to ensure that such agencies comply with all of the
procedural and substantive protections & provisions of SAPA, 3) accept
comments from regulated parties as it relates to the proper compliance
with SAPA 4) serve as an ombudsman for the business community with
regard to curtailing the promulgation of new rules that are
unnecessary, over burdensome, overly stringent, were promulgated


without adequate statutory authority, or 5) may hinder economic
development and job creation activities in this State.

The Office may issue a Non-compliance Notice for proposed rules that:
1) do not comply with the substantive or procedural requirements of
SAPA, 2) do not have adequate statutory authority to promulgate such
rules.

To better integrate the operations of the Office with other executive
branches, an Advisory Council is established to provide guidance to
the Office. The Chair of this Advisory Council is the Secretary of
State, and representatives from the Division of the Budget and

Secretary to the Governor. The Governor shall also appoint two members
from the State's business community to the council. In addition, the
Temporary President of the Senate and Assembly speaker shall appoint
one member to this Council.

Section 3: Amends SAPA to add a definition for the purposes of SAPA of
the Office of Administrative Rulemaking Compliance.

Sections 4: Amends SAPA section 202 (1) to clearly institute in SAPA
that the DOS, through the Office, may refuse to publish a notice of
proposed rule-making if such notice does not comply with substantive
or procedural requirements of SAPA.

Sections 5 through 9: These provisions amend SAPA section 202 that
relates to the publication of various rule making notices in the State
Register.

Section 10: Amends SAPA section 202-b to eliminate an old reference to
the Office of Business permits and Regulatory Assistance (OBPRA) and
to add in the new Office of Administrative Rulemaking Compliance.

JUSTIFICATION:

Under current law, while DOS, with the assistance of the Division of
Budget, has the ability to review rule making notices before such
notices are published in the State Register, there is nothing codified
in statute that establishes a procedure for such review. More
importantly, there is nothing in statue to ensure that state agencies
comply with SAPA. While state agencies are supposed to comply with the
substantive and procedural requirements of SAPA when promulgating a
rule, there is no established procedure embodied in the law which can
compel compliance, unless a regulated party litigates the subject and
a court throws out such promulgated rule on procedural grounds.
Engaging in such litigation is expensive and can bring upon the
litigant the wrath of the state agency being sued.

The current state of the law actually encourages regulated parties to
sue in court to stop a rule that was promulgated in violation of SAPA
or which does not have adequate statutory authority. Under this bill,
an office (within DOS, the same agency that publishes the State
Register) would be established in which regulated parties could
contact to object to a proposed rule making if it was illegally
promulgated or for which there is inadequate statutory authority to
promulgate such a rule. This would reduce the cost of bringing such


concerns to the state government and reduce the amount of litigation
related to the promulgation of regulations.

This bill strengthens the enforcement of SAPA and makes state agency
actions more accountable to the general public. Further, it will give
regulated parties a better opportunity to review and comment on
proposed rules before they are adopted. Further, by offering a more
meaningful ability to comment on proposed rules, hopefully, such rules
will become more well thought out and reduce unnecessary burdens or
costs imposed on regulated parties including job creating businesses.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate.

2015-S5219 (ACTIVE) - Bill Text download pdf

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

                                  5219

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced  by  Sens.  CARLUCCI,  AVELLA, KLEIN, SAVINO, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Finance

AN ACT to amend the executive law and the state administrative procedure
  act, in relation to establishing the office of administrative rulemak-
  ing compliance, and providing for its powers and duties; and to repeal
  article  39  of  the  executive law relating to the office of business
  permits

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

  Section 1. Section 146 of the executive law is amended by adding a new
subdivision 3-a to read as follows:
  3-A.  WITH  REGARD  TO RULE MAKING NOTICES REQUIRED TO BE PUBLISHED IN
THE STATE REGISTER PURSUANT TO ARTICLE TWO OF THE  STATE  ADMINISTRATIVE
PROCEDURE  ACT,  THE  SECRETARY  OF  STATE,  SHALL ACCEPT AND FOLLOW THE
RECOMMENDATIONS OF THE OFFICE OF ADMINISTRATIVE RULEMAKING COMPLIANCE TO
WITHHOLD PUBLICATION OF ANY AND ALL NOTICES OF RULE MAKINGS  FILED  WITH
THE SECRETARY AND WHICH ARE REQUIRED TO BE PUBLISHED IN THE STATE REGIS-
TER  TO  PROMULGATE A RULE PURSUANT TO ARTICLE TWO OF THE STATE ADMINIS-
TRATIVE PROCEDURE ACT. THE OFFICE SHALL FILE SUCH NOTICE OF  NON-COMPLI-
ANCE WITH THE DIVISION OF ADMINISTRATIVE RULES IF SUCH OFFICE DETERMINES
THAT  THE  STATE AGENCY PROMULGATING SUCH PROPOSED RULE HAS NOT SUBSTAN-
TIALLY COMPLIED WITH EITHER THE PROCEDURAL OR SUBSTANTIVE PROVISIONS  OF
THE  STATE  ADMINISTRATIVE  PROCEDURE ACT, OR IS ACTING WITHOUT ADEQUATE
STATUTORY AUTHORITY TO PROMULGATE SUCH RULE.  SUCH NON-COMPLIANCE NOTICE
MAY BE FILED BY THE OFFICE OF ADMINISTRATIVE RULEMAKING COMPLIANCE  WITH
THE  DIVISION  OF  ADMINISTRATIVE  RULES AT ANY TIME PRIOR TO THE ACTUAL
PUBLICATION OF SUCH RULE MAKING NOTICE THAT HAS BEEN FILED BY ANY  STATE
AGENCY.  SUCH NON-COMPLIANCE NOTICE SHALL BE FILED WITH THE STATE AGENCY
PROMULGATING SUCH PROPOSED RULE SO THAT THE AGENCY IS ON NOTICE  OF  THE
ISSUANCE OF SUCH NON-COMPLIANCE NOTICE. SUCH NON-COMPLIANCE NOTICE SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10254-01-5

S. 5219                             2

BE  PUBLISHED IN THE STATE REGISTER AND REMAIN IN EFFECT UNTIL SUCH TIME
AS THE OFFICE FILES A NEW NOTICE THAT  REMOVES  SUCH  OBJECTION  TO  THE
PUBLICATION OF AGENCY NOTICES RELATED TO THE PROMULGATION OF A RULE.
  S  2. Article 39 of the executive law is REPEALED and a new article 39
is added to read as follows:
                               ARTICLE 39
                        OFFICE OF ADMINISTRATIVE
                          RULEMAKING COMPLIANCE
SECTION 875. LEGISLATIVE FINDINGS.
        876. DEFINITIONS.
        877. OFFICE OF ADMINISTRATIVE RULEMAKING COMPLIANCE.
        878. GENERAL FUNCTIONS, POWERS AND DUTIES.
        879. ASSISTANCE OF OTHER AGENCIES.
        880. ADVISORY COUNCIL.
  S 875. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS  AND  DETER-
MINES AS FOLLOWS:
  1. TO FOSTER A MORE ATTRACTIVE BUSINESS CLIMATE AND TO PROMOTE ECONOM-
IC  GROWTH  AND JOB CREATION IN THIS STATE, THE OFFICE OF ADMINISTRATIVE
RULEMAKING COMPLIANCE IS HEREBY ESTABLISHED  WITHIN  THE  DEPARTMENT  OF
STATE;
  2.  IN  PROMULGATING  NEW  RULES  OR CONDUCTING THE PERIODIC REVIEW OF
EXISTING RULES, THE STATE  SHOULD  STRIVE  TO  SATISFY  THE  LEGISLATIVE
OBJECTIVES OF THE APPLICABLE STATUTES, BUT IT SHOULD BE DONE IN A MANNER
THAT  MINIMIZES  ANY  UNNECESSARY ADVERSE ECONOMIC IMPACTS ON BUSINESSES
NOR SHOULD SUCH RULES  IMPOSE  NEEDLESS,  OVERLY  STRICT  OR  BURDENSOME
RULES,  MANDATES  OR  ADMINISTRATIVE REQUIREMENTS ON EXISTING BUSINESSES
THAT OPERATE IN THIS STATE OR ON POTENTIAL FUTURE  BUSINESSES  THAT  MAY
LOCATE IN THIS STATE; AND
  3.  RETAINING  THE CURRENT BASE OF BUSINESS ENTERPRISES AND ATTRACTING
NEW FIRMS TO THIS STATE CAN HELP  TO  PROMOTE  THE  HEALTH,  SAFETY  AND
GENERAL  WELFARE OF ITS CITIZENS BY PROVIDING BETTER EMPLOYMENT OPPORTU-
NITIES TO ENHANCE OUR CITIZENS' ECONOMIC AND SOCIAL WELLBEING,  AND  ADD
NEW TAX REVENUES TO SUPPORT PRIVATE AND GOVERNMENTAL PROGRAMS RELATED TO
PROVIDING QUALITY HEALTH CARE, SUPPORTING QUALITY EDUCATIONAL FACILITIES
AND OTHER VITAL PUBLIC PROGRAMS.
  S 876. DEFINITIONS. WHEN USED IN THIS ARTICLE:
  1.  "AGENCY"  MEANS AN AGENCY AS DEFINED IN SUBDIVISION ONE OF SECTION
ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  2. "COUNCIL" MEANS THE ADVISORY COUNCIL  OF  THE  OFFICE,  ESTABLISHED
PURSUANT TO SECTION EIGHT HUNDRED EIGHTY OF THIS ARTICLE.
  3. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
  4. "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE.
  5.  "OFFICE"  MEANS THE OFFICE OF ADMINISTRATIVE RULEMAKING COMPLIANCE
ESTABLISHED PURSUANT TO SECTION  EIGHT  HUNDRED  SEVENTY-SEVEN  OF  THIS
ARTICLE.
  6.  "PERSON"  MEANS  ANY INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSOCI-
ATION, OR PUBLIC OR PRIVATE ORGANIZATION OF ANY CHARACTER OTHER THAN  AN
AGENCY  ENGAGED  IN  THE  PARTICULAR  RULE MAKING, DECLARATORY RULING OR
ADJUDICATION.
  7. "RULE" MEANS A RULE AS DEFINED IN SUBDIVISION TWO  OF  SECTION  ONE
HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  8. "SECRETARY" MEANS THE SECRETARY OF STATE.
  S  877.  OFFICE  OF  ADMINISTRATIVE RULEMAKING COMPLIANCE. 1. THERE IS
HEREBY CREATED WITHIN THE DEPARTMENT AN OFFICE OF  ADMINISTRATIVE  RULE-
MAKING  COMPLIANCE.  THE  HEAD  OF  THE OFFICE SHALL BE THE DIRECTOR WHO

S. 5219                             3

SHALL BE APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVICE  AND  CONSENT
OF THE SENATE, AND WHO SHALL SERVE AT THE PLEASURE OF THE GOVERNOR.
  2. THE DIRECTOR SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE OFFICE AND
ADMINISTER  ITS  OPERATIONS.  THE DIRECTOR MAY APPOINT SUCH OFFICERS AND
EMPLOYEES AS HE OR SHE MAY DEEM NECESSARY, PRESCRIBE THEIR  DUTIES,  FIX
THEIR  COMPENSATION AND PROVIDE FOR THE REIMBURSEMENT OF THEIR EXPENSES,
UPON APPROVAL OF THE SECRETARY, ALL WITHIN AMOUNTS MADE AVAILABLE THERE-
FOR BY APPROPRIATION.
  3. THE DIRECTOR SHALL DIRECTLY REPORT TO THE SECRETARY AND INFORM  THE
SECRETARY  OF  ALL  OF  THE  ACTIVITIES  OF THE OFFICE. FURTHERMORE, THE
DIRECTOR SHALL COMMUNICATE WITH AND KEEP THE ADVISORY  COUNCIL  INFORMED
ON  THE  ACTIVITIES  OF  THE  OFFICE AND ACCEPT RECOMMENDATIONS FROM THE
ADVISORY COUNCIL ON ACTIVITIES AND ACTIONS THAT SHOULD BE UNDERTAKEN  BY
THE OFFICE.
  S  878.    GENERAL FUNCTIONS, POWERS AND DUTIES. THE OFFICE SHALL HAVE
THE FOLLOWING FUNCTIONS, POWERS AND DUTIES, TO:
  1. MONITOR AGENCY ACTIONS AND ACTIVITIES AS THEY RELATE TO  COMPLIANCE
WITH  THE  STATE ADMINISTRATIVE PROCEDURE ACT AND ENSURE THAT SUCH AGEN-
CIES COMPLY WITH THE PROVISIONS OF SUCH ACT;
  2. ENGAGE IN A DIALOGUE WITH AGENCIES TO  ENSURE  THAT  SUCH  AGENCIES
COMPLY  WITH  ALL  OF  THE  PROCEDURAL AND SUBSTANTIVE PROVISIONS OF THE
STATE ADMINISTRATIVE PROCEDURE ACT AND TO ASSIST SUCH AGENCIES WITH SUCH
COMPLIANCE EFFORTS;
  3. ACCEPT COMMENTS  AND  INFORMATION  FROM  REGULATED  PARTIES  AS  IT
RELATES  TO THE PROPER COMPLIANCE BY AGENCIES OF THE RULE MAKING PROCESS
AND THE SUBSTANTIVE AND PROCEDURAL PROVISIONS OF THE  STATE  ADMINISTRA-
TIVE PROCEDURE ACT;
  4.  SERVE  AS  AN  OMBUDSMAN FOR THE BUSINESS COMMUNITY WITH REGARD TO
CURTAILING THE PROMULGATION OF NEW  RULES  THAT  ARE  UNNECESSARY,  OVER
BURDENSOME,  OVERLY  STRINGENT OR PROMULGATED WITHOUT ADEQUATE STATUTORY
AUTHORITY, OR WHICH HINDER ECONOMIC DEVELOPMENT AND JOB CREATION  ACTIV-
ITIES IN THIS STATE;
  5. ISSUE NON-COMPLIANCE NOTICES FOR PROPOSED RULES WHICH:
  (A) DO NOT COMPLY WITH THE SUBSTANTIVE OR PROCEDURAL PROVISIONS OF THE
STATE ADMINISTRATIVE PROCEDURE ACT, OR
  (B) DO NOT HAVE ADEQUATE STATUTORY AUTHORITY TO PROMULGATE SUCH RULES;
  6.  IDENTIFY  ANTIQUATED,  OBSOLETE, REDUNDANT, USELESS OR DUPLICATIVE
RULES THAT COULD BE ALTERED, REVISED OR ELIMINATED TO BETTER  STREAMLINE
THE OPERATION OF THE STATE AND LOCAL GOVERNMENTS, REDUCE BUSINESS OPERA-
TION COSTS, OR MAKE LIFE GENERALLY EASIER FOR THE GENERAL PUBLIC; AND
  7.  ADOPT  SUCH RULES, REGULATIONS, PROCEDURES, INSTRUCTIONS AND FORMS
AS ARE REQUIRED TO CARRY OUT THE FUNCTIONS, POWERS  AND  DUTIES  OF  THE
OFFICE.
  S  879.  ASSISTANCE  OF  OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
THIS ARTICLE, THE OFFICE MAY REQUEST AND SHALL BE  ENTITLED  TO  RECEIVE
FROM  ANY  AGENCY, AND EACH AGENCY IS AUTHORIZED TO PROVIDE SUCH ASSIST-
ANCE, SERVICES AND INFORMATION AS  SHALL  BE  NECESSARY  TO  ENABLE  THE
OFFICE TO CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
  S  880.  ADVISORY  COUNCIL.  1. THERE SHALL BE ESTABLISHED, WITHIN THE
OFFICE, AN ADVISORY COUNCIL COMPOSED OF SEVEN MEMBERS.  THE  MEMBERS  OF
THE COUNCIL ARE:
  (A) THE SECRETARY, WHO SHALL BE THE CHAIR OF THE COUNCIL;
  (B)  A  REPRESENTATIVE  OF  THE  DIVISION  OF BUDGET, APPOINTED BY THE
DIRECTOR OF SUCH DIVISION;
  (C) THE SECRETARY TO THE GOVERNOR;

S. 5219                             4

  (D) TWO REPRESENTATIVES OF THE STATE'S BUSINESS  COMMUNITY,  APPOINTED
BY THE GOVERNOR;
  (E) A MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; AND
  (F) A MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
  2.  THE  MEMBERS APPOINTED BY THE GOVERNOR AND THE LEGISLATIVE LEADERS
SHALL BE APPOINTED TO TERMS OF FOUR YEARS; PROVIDED,  HOWEVER,  THAT  OF
THE  INITIAL  APPOINTMENTS:  ONE  MEMBER APPOINTED BY THE GOVERNOR SHALL
SERVE A TERM OF ONE YEAR; THE MEMBER APPOINTED BY THE  TEMPORARY  PRESI-
DENT  OF  THE  SENATE  SHALL  SERVE  A  TERM  OF THREE YEARS; THE MEMBER
APPOINTED BY THE SPEAKER OF THE ASSEMBLY  SHALL  SERVE  A  TERM  OF  TWO
YEARS; AND THE OTHER MEMBER APPOINTED BY THE GOVERNOR SHALL SERVE A TERM
OF  FOUR  YEARS.  VACANCIES  SHALL  BE  FILLED IN THE SAME MANNER AS THE
ORIGINAL APPOINTMENT FOR THE UNEXPIRED TERM OF THE  VACANT  OFFICE.  THE
MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES,
BUT  SHALL  BE  REIMBURSED  FOR  THEIR  REASONABLE EXPENSES ACTUALLY AND
NECESSARILY INCURRED BY THEM IN THE PERFORMANCE  OF  THEIR  DUTIES.  THE
COUNCIL SHALL MEET NOT LESS THAN THREE TIMES EACH CALENDAR YEAR. SPECIAL
MEETINGS OF THE COUNCIL SHALL BE HELD AT THE CALL OF THE CHAIR.
  3. THE COUNCIL SHALL HAVE THE POWER TO CONSIDER ANY MATTER RELATING TO
THE FUNCTIONS, POWERS AND DUTIES OF THE OFFICE. FURTHERMORE, THE COUNCIL
MAY  ADVISE  THE OFFICE ON POLICIES, GOALS AND OPERATIONS RELATED TO THE
ADVANCEMENT OF  THE  GOALS  OF  THE  COUNCIL  AND  LEGISLATIVE  FINDINGS
CONTAINED IN SECTION EIGHT HUNDRED SEVENTY-FIVE OF THIS ARTICLE.
  4.  THE  COUNCIL MAY REVIEW PROPOSED RULES PROMULGATED BY AGENCIES AND
PROVIDE COMMENTS TO THE OFFICE THEREON.
  5. THE COUNCIL MAY  SUBMIT  RECOMMENDATIONS  TO  THE  OFFICE  FOR  THE
IMPROVEMENT,  MODIFICATION  OR  EXTENSION OF THE SERVICES OF THE OFFICE,
AND FOR ACTIONS DESIGNED TO ELIMINATE,  CONSOLIDATE  OR  SIMPLIFY  RULES
PROMULGATED BY AGENCIES OR WHICH ALREADY EXIST.
  S  3. Section 102 of the state administrative procedure act is amended
by adding a new subdivision 12 to read as follows:
  12. "OFFICE" MEANS THE OFFICE OF ADMINISTRATIVE RULE MAKING COMPLIANCE
ESTABLISHED PURSUANT TO ARTICLE THIRTY-NINE OF THE EXECUTIVE LAW.
  S 4. Subdivision 1 of section 202 of the state  administrative  proce-
dure act is amended by adding a new paragraph (g) to read as follows:
  (G)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, UPON THE
FILING WITH THE SECRETARY OF STATE BY THE  OFFICE  OF  A  NON-COMPLIANCE
NOTICE,   PURSUANT   TO   SUBDIVISION  FIVE  OF  SECTION  EIGHT  HUNDRED
SEVENTY-EIGHT OF THE EXECUTIVE LAW, RELATED TO ANY  NOTICE  OF  PROPOSED
RULEMAKING,  REVISED RULEMAKING OR ADOPTION FOR SUCH RULEMAKING, NO SUCH
RULEMAKING  NOTICE  RELATED  TO  SUCH  NON-COMPLIANCE  NOTICE  SHALL  BE
PUBLISHED  UNTIL  SUCH NON-COMPLIANCE NOTICE IS RESCINDED.  SUCH RESCIS-
SION SHALL BE PUBLISHED IN THE STATE REGISTER.
  S 5. Subparagraph (iii) of paragraph (a) of subdivision 9  of  section
202 of the state administrative procedure act, as amended by chapter 230
of the laws of 2006, is amended to read as follows:
  (iii)  reject  those  notices  which are not in substantial compliance
with the provisions of this [section] ARTICLE OR WHICH RELATE  TO  RULE-
MAKING  NOTICES THAT THE OFFICE HAS ISSUED A NON-COMPLIANCE NOTICE, give
prompt notice of such rejection to the agency, and advise such agency on
the corrective action required; and
  S 6. Section 102-a of  the  state  administrative  procedure  act,  as
amended  by  section  3  of part O of chapter 60 of the laws of 2011, is
amended to read as follows:
  S 102-a. Small business regulation guides. For each rule or  group  of
related  rules  which significantly impact a substantial number of small

S. 5219                             5

businesses, the agency which adopted the rule shall post on its  website
AND  PROVIDE  TO  THE OFFICE one or more guides explaining the actions a
small business may take to comply with such rule or group  of  rules  if
the  agency determines that such guide or guides will assist small busi-
nesses in complying with the rule, and shall designate each such posting
as a "small business regulation guide".  The  guide  shall  explain  the
actions  a  small  business  may  take to comply with a rule or group of
rules. The agency shall, in its sole discretion, taking into account the
subject matter of the rule and the language of relevant statutes, ensure
that the guide is written using sufficiently plain language that  it  is
likely  to  be  understood  by affected small businesses. Agencies shall
cooperate with other state agencies in developing such guides.
  S 7. Paragraph (b) of subdivision 5 of section 202 of the state admin-
istrative procedure act, as amended by chapter 171 of the laws of  1994,
is amended to read as follows:
  (b)  Except  with  respect to any rule defined in subparagraph (ii) of
paragraph (a) of subdivision two of section  one  hundred  two  of  this
chapter,  each  agency shall publish and make available to the public an
assessment of public comment for a rule adopted pursuant to this  subdi-
vision or paragraph (e) of subdivision six of this section. Such assess-
ment  shall  be  based upon any written comments submitted to the agency
and any comments presented at any public hearing held  on  the  proposed
rule  by  the agency. The assessment shall contain: (i) a summary and an
analysis of the issues raised and significant alternatives suggested  by
any  such  comments, (ii) a statement of the reasons why any significant
alternatives were not incorporated into the rule and (iii) a description
of any changes made in the rule as a result of  such  comments.  If  any
comments  included  estimates of projected costs of the proposed rule to
the state,  local  governments  or  regulated  persons,  which  differed
significantly  from  those  presented  by  the  agency in its regulatory
impact statement, regulatory flexibility analysis, or rural area  flexi-
bility  analysis,  the  assessment  shall  also  summarize  the agency's
assessment of such estimates. If no comments  have  been  received,  the
notice  of  adoption  shall  state that no comments were received by the
agency. Comments submitted or presented to the agency by THE  OFFICE,  a
legislative  committee  or  commission  or by a member or members of the
senate or assembly shall be  considered  public  comment  and  shall  be
summarized and analyzed in the assessment.
  S  8.  Paragraph  (a)  of  subdivision 6-a of section 202 of the state
administrative procedure act, as amended by chapter 171 of the  laws  of
1994, is amended to read as follows:
  (a) An agency shall transmit a copy of any rule making notice prepared
pursuant to this article to the governor, the temporary president of the
senate,  the  speaker  of  the  assembly, the administrative regulations
review commission and the office [of regulatory and  management  assist-
ance] at the time such notice is submitted to the secretary of state for
publication  in  the  state register. Such transmittal shall include the
complete rule text, regulatory impact statement, regulatory  flexibility
analysis, rural area flexibility analysis, or revisions thereof, and any
other  information  submitted to the secretary of state pursuant to this
article.
  S 9. Subparagraph (i) of paragraph (b) of subdivision 9 of section 202
of the state administrative procedure act, as added by  chapter  230  of
the laws of 2006, is amended to read as follows:

S. 5219                             6

  (i)  The secretary of state [may] SHALL, in addition to publication of
the state register, publish an electronic copy  of  the  state  register
which shall be freely available on the internet.
  S  10.  The opening paragraph of subdivision 2 of section 202-b of the
state administrative procedure act, as amended by  chapter  611  of  the
laws of 1996, is amended to read as follows:
  In proposing a rule for adoption or in adopting a rule on an emergency
basis,  the agency shall issue a regulatory flexibility analysis regard-
ing the rule being proposed for adoption or  the  emergency  rule  being
adopted.  A  copy of such analysis and any finding, and reasons for such
finding, pursuant to subdivision three of this section, shall be submit-
ted to the governor, the temporary president of the senate, the  speaker
of  the assembly, the office [of business permits and regulatory assist-
ance] and the administrative regulations review commission at  the  time
such  analysis  is  submitted  to the secretary of state for publication
and, upon written request, a copy shall be sent  to  any  other  person.
Each regulatory flexibility analysis shall contain:
  S  11. This act shall take effect immediately; provided, however, that
sections one and three through ten of this act shall take effect on  the
first  of January next succeeding the date on which it shall have become
a law.

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Senate Bill S5219

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

Tony Avella

Jeffrey D. Klein

Diane J. Savino

David J. Valesky

2015-S5219 (ACTIVE) - Details

2015-S5219 (ACTIVE) - Summary

2015-S5219 (ACTIVE) - Sponsor Memo

2015-S5219 (ACTIVE) - Bill Text download pdf

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