NY State Senate Bill S406A

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2016	referred to governmental operations delivered to assembly passed senate
May 09, 2016	advanced to third reading
May 05, 2016	2nd report cal.
May 04, 2016	1st report cal.659
Jan 11, 2016	print number 406a
Jan 11, 2016	amend and recommit to commerce, economic development and small business
Jan 06, 2016	referred to commerce, economic development and small business returned to senate died in assembly
Mar 18, 2015	referred to governmental operations delivered to assembly passed senate
Mar 09, 2015	advanced to third reading
Mar 04, 2015	2nd report cal.
Mar 03, 2015	1st report cal.171
Jan 07, 2015	referred to commerce, economic development and small business

Votes

view votes

May 10, 2016 - floor Vote

S406A

floor

Aye

Nay

Absent

Excused

Abstained

May 4, 2016 - Commerce, Economic Development and Small Business committee Vote

S406A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Mar 18, 2015 - floor Vote

S406

floor

Aye

Nay

Absent

Excused

Abstained

Mar 3, 2015 - Commerce, Economic Development and Small Business committee Vote

S406

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S406 - Details

Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §§207 & 202, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6869
2017-2018: S3386
2019-2020: S861

S406 - Summary

Broadens considerations required during review of existing administrative rules and during creation of new rules.

S406 - Sponsor Memo

 BILL NUMBER:  S406

 TITLE OF BILL :  An act to amend the state administrative procedure
act, in relation to review of existing rules and rule making procedure

 PURPOSE :

This bill amends the State Administrative Procedure Act to require a
five-year review of all existing agency rules and to require the
agency to provide additional information regarding the rule in its
five-year review, notice of proposed rule making, and notice of
adoption.

 SUMMARY OF PROVISIONS :

Section 1 amends section 207 of the State Administrative Procedure Act
to require all rules adopted before the effective date of the section
to be initially reviewed no later than in the 2020 calendar year, and
at five-year intervals thereafter.

Further, it states that agencies shall provide additional information
in its regulatory agenda for each rule being reviewed including: the
need for such rule, the legal basis of such rule, whether the rule is
duplicative of any other rule or regulation, whether the rule reflects
or utilizes current technology, and whether the rule reflects current
industry practices and standards.

Section 2 amends section 202 of the State Administrative Procedure Act
to require agencies to provide additional information in its notice of
proposed rule making including: the need for such rule, whether the
rule is duplicative of any other rule or regulation, whether the rule
reflects or utilizes current technology, and whether the rule reflects
current industry practices and standards.

Section 3 amends section 202 of the State Administrative Procedure Act
to require agencies to provide additional information in its notice of
adoption including: the need for such rule, whether the rule is
duplicative of any other rule or regulation, whether the rule reflects
or utilizes current technology, and whether the rule reflects current
industry practices and standards.

Section 4 states that this bill shall take effect immediately.

 JUSTIFICATION :

In the fall of 2013, the Senate Majority Coalition held a series of
industry-specific forums across New York State to identify burdensome
and duplicitous state regulations. To be sure, regulations are a vital
part of state government, critical in promoting public welfare.
However, the rules should not be arbitrary, the reporting should not
be duplicative, and the requirements should be easily accessible by
those who must comply. The Senate Majority Coalition issued a
comprehensive report that shed light on New York State's notoriously
dense regulatory structure, identifying numerous rules, regulations,
and practices that put New York State's businesses at a competitive
disadvantage. This report was only the first step in an ongoing effort
by the Senate Majority Coalition to minimize the regulatory burden of
New York State.

This bill furthers this effort by amending the State Administrative
Procedure Act to provide for a more comprehensive review of agency
rules. Currently, agencies are only required to review rules
promulgated since 1997 on a five-year review cycle. This bill extends
that review requirement to all existing agency rules. This will ensure
that agencies look at every single rule on the books and provide an
explanation for why the rule is still necessary.
This bill also requires agencies to provide additional information
regarding a rule in its five-year review, notice of proposed rule
making, and notice of adoption. Currently, agencies are only required
to provide an analysis of the need for and legal basis of each rule.
This minimal analysis does not address the real problem with New York
State's regulatory structure: rules that are duplicative, do not take
into account current technology, and are not up to date with current
industry practices. This bill addresses the problem by requiring
agencies to analyze existing rules using the above listed criteria and
report their findings.

 LEGISLATIVE HISTORY :

2013-14: S.6869 Passed Senate

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
Immediately.

S406 - Bill Text download pdf

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

                                   406

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  GALLIVAN,  AVELLA,  BONACIC, DeFRANCISCO, FELDER,
  LARKIN, LAVALLE, MARCHIONE, RANZENHOFER, SEWARD, 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
  review of existing rules and rule making procedure

  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 and subdivisions 2 and 4  of
section  207 of the state administrative procedure act, paragraph (a) of
subdivision 1 and subdivision 2 as amended by chapter 462 of the laws of
2012 and subdivision 4 as added by chapter 262 of the laws of 1996,  are
amended to read as follows:
  (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 the year in which the rule is adopted, and,
thereafter, every rule shall be re-reviewed at five-year intervals.  ALL
RULES  ADOPTED  BEFORE  THE  EFFECTIVE  DATE  OF  THIS  SECTION SHALL BE
INITIALLY REVIEWED NO LATER THAN IN THE  TWO  THOUSAND  TWENTY  CALENDAR
YEAR,  AND,  THEREAFTER,  EVERY  RULE  SHALL BE RE-REVIEWED AT FIVE-YEAR
INTERVALS.
  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

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

                                                           LBD01152-02-5

S. 406                              2

basis of such rule,]: (A) THE NEED  FOR SUCH RULE, (B) THE  LEGAL  BASIS
OF  SUCH  RULE, (C) WHETHER THE RULE IS DUPLICATIVE OF ANY OTHER RULE OR
REGULATION, (D) WHETHER THE RULE REFLECTS OR UTILIZES CURRENT  TECHNOLO-
GY,  AND  (E)  WHETHER  THE RULE REFLECTS CURRENT INDUSTRY PRACTICES AND
STANDARDS. THE AGENCY 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 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.
  4. If an agency determines that a rule subject to  the  provisions  of
this  section  should  continue without modification, it shall publish a
notice to that effect, which shall identify the rule and  the  statutory
authority for the rule, and include a statement setting forth a reasoned
justification  for  continuation of the rule without modification and an
assessment of public comments, prepared in accordance  with  subdivision
four-a  of section two hundred two of this [chapter] ARTICLE, which were
submitted to the agency in response to the listing of the  rule  in  the
regulatory agenda, AND A SUMMARY OF THE ANALYSIS REQUIRED UNDER SUBDIVI-
SION TWO OF THIS SECTION.
  S 2. Paragraph (f) of subdivision 1 of section 202 of the state admin-
istrative  procedure act, as amended by chapter 610 of the laws of 1987,
subparagraph (iv) as amended by chapter 703 of the laws of 1991, subpar-
agraph (v) as amended by chapter 429 of the laws of  2003,  subparagraph
(vii)  as  amended  by  chapter 171 of the laws of 1994 and subparagraph
(viii) as amended by chapter 229 of the laws of 2000, is amended to read
as follows:
  (f) The notice of proposed rule making shall:
  (i) cite the statutory authority, including  particular  sections  and
subdivisions, under which the rule is proposed for adoption;
  (ii)  give  the date, time and place of any public hearing or hearings
which are scheduled;
  (iii) state whether or not the place of any public hearing or hearings
shall be reasonably accessible to persons with  a  mobility  impairment;
for  purposes  hereof,  "persons  with a mobility impairment" shall mean
those persons with a physical impairment which is permanent and severely
limits that person's mobility, or a person who  is  unable  to  ambulate
without  the  aid  of a wheelchair or other prosthetic device; provided,
however, that the failure of such accessibility in accordance  herewith,
upon  diligent  effort  to have provided same, shall have no effect upon
any actions or proceedings taken at any such subject hearings;
  (iv) include a statement  that  interpreter  services  shall  be  made
available  to  deaf  persons, at no charge, upon written request to such
agency representative as shall be designated  pursuant  to  subparagraph
[(viii)]  (IX)  of  this paragraph within a reasonable time prior to any
scheduled public  hearing  or  hearings.  If  interpreter  services  are
requested,  the  agency  conducting  the  rule  making proceeding in all
instances shall appoint a qualified interpreter who is  certified  by  a

S. 406                              3

recognized  national or New York state credentialing authority to inter-
pret the proceedings to, and the testimony of, such  deaf  person.  Such
agency  shall  determine  a  reasonable  fee  for  all such interpreting
services which shall be a charge upon the agency;
  (v) contain the complete text of the proposed rule, provided, however,
if such text exceeds two thousand words, the notice shall contain only a
description  of  the subject, purpose and substance of such rule in less
than two thousand words and shall identify the address of  the  website,
if any, on which the full text has been posted;
  (vi)  INCLUDE  THE NEED FOR SUCH RULE, WHETHER THE RULE IS DUPLICATIVE
OF ANY OTHER RULE OR REGULATION, WHETHER THE RULE REFLECTS  OR  UTILIZES
CURRENT TECHNOLOGY, AND WHETHER THE RULE REFLECTS CURRENT INDUSTRY PRAC-
TICES AND STANDARDS;
  (VII)  include  a  regulatory  impact  statement  prepared pursuant to
section two hundred two-a of this [chapter] ARTICLE, provided,  however,
if  such  statement exceeds two thousand words, the notice shall include
only a summary of such statement in less than two thousand words;
  [(vii)] (VIII) include a regulatory flexibility analysis and  a  rural
area  flexibility  analysis  prepared  pursuant  to sections two hundred
two-b and two hundred two-bb of this [chapter] ARTICLE, provided, howev-
er, if an analysis exceeds two thousand words, the notice shall  include
only a summary of such analysis in less than two thousand words;
  [(viii)]  (IX)  give  the  name,  public  office address and telephone
number of an agency representative, who is knowledgeable on the proposed
rule, from whom the complete text of such rule  and  any  scientific  or
statistical  study, report and analysis that served as the basis for the
rule and any supporting data, the regulatory impact statement, the regu-
latory flexibility analysis, and the rural area flexibility analysis may
be obtained; from whom information  about  any  public  hearing  may  be
obtained;  and  to whom written data, views and arguments may be submit-
ted; and
  [(ix)] (X) include any additional matter required by statute.
  S 3. Paragraph (c) of subdivision 5 of section 202 of the state admin-
istrative procedure act, as amended by chapter 610 of the laws of  1987,
subparagraph  (iii)  as amended, subparagraph (ix) as added and subpara-
graph (x) as renumbered by chapter 850 of the laws of 1990 and  subpara-
graphs (vi) and (viii) as amended by chapter 171 of the laws of 1994, is
amended to read as follows:
  (c) The notice of adoption shall:
  (i)  cite  the  statutory authority, including particular sections and
subdivisions, under which the rule is adopted;
  (ii) contain the complete text  of  the  rule  as  adopted,  provided,
however,  if  such  text  exceeds  two  thousand words, the notice shall
contain only a description of the subject, purpose and substance of such
rule in less than two thousand words;
  (iii) state whether there have been any changes in  the  text  of  the
rule  as  adopted  when  compared  with the text of the latest published
version of the proposed rule, and if such changes  have  occurred,  cite
the particular sections, subdivisions and paragraphs so changed;
  (iv) give the effective date of the rule;
  (v) INCLUDE THE NEED FOR SUCH RULE, WHETHER THE RULE IS DUPLICATIVE OF
ANY  OTHER  RULE  OR  REGULATION,  WHETHER THE RULE REFLECTS OR UTILIZES
CURRENT TECHNOLOGY, AND WHETHER THE RULE REFLECTS CURRENT INDUSTRY PRAC-
TICES AND STANDARDS;
  (VI) include a revised regulatory impact statement, when  required  by
the  provisions of [subparagraph (ii) of] paragraph [(a)] (II) of subdi-

S. 406                              4

vision six of section two  hundred  two-a  of  this  [chapter]  ARTICLE,
provided,  however,  if  such  statement exceeds two thousand words, the
notice shall include only a summary of such statement in less  than  two
thousand words;
  [(vi)]  (VII)  include  a  revised regulatory flexibility analysis and
rural area flexibility analysis, when  required  by  the  provisions  of
[subparagraph  (ii)  of]  paragraph  [(a)]  (II) of subdivision seven of
section two hundred two-b and paragraph  (b)  of  subdivision  eight  of
section two hundred two-bb of this [chapter] ARTICLE, provided, however,
if  such  statement exceeds two thousand words, the notice shall include
only a summary of such statement in less than two thousand words;
  [(vii)] (VIII) include the  assessment  of  public  comment,  prepared
pursuant  to  paragraph  (b)  of this subdivision, provided, however, if
such assessment exceeds two thousand words,  the  notice  shall  include
only a summary of such assessment in less than two thousand words;
  [(viii)]  (IX)  give  the  name,  public  office address and telephone
number of an agency representative from whom the complete  text  of  the
rule  and  any  revised  regulatory impact statement, revised regulatory
flexibility analysis, rural area flexibility analysis or  assessment  of
comments may be obtained; [and
  (ix)]  (X)  state  whether  any notice of revised rule making had been
submitted for such rule making and specify the date or dates  that  such
notice or notices appeared in the state register; and
  [(x)] (XI) include any additional matter required by statute.
  S 4. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S406A (ACTIVE) - Details

Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §§207 & 202, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6869
2017-2018: S3386
2019-2020: S861

S406A (ACTIVE) - Summary

Broadens considerations required during review of existing administrative rules and during creation of new rules.

S406A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S406A

 TITLE OF BILL :  An act to amend the state administrative procedure
act, in relation to review of existing rules and rule making procedure

 PURPOSE :  This bill amends the State Administrative Procedure Act to
require a five-year review of all existing agency rules and to require
the agency to provide additional information regarding the rule in its
five-year review, notice of proposed rulemaking, and notice of
adoption.

 SUMMARY OF PROVISIONS :

Section 1 amends section 207 of the State Administrative Procedure Act
to require all rules adopted before the effective date of the section
to be initially reviewed no later than in the 2021 calendar year, and
at five-year intervals thereafter.

Further, it states that agencies shall provide additional information
in its regulatory agenda for each rule being reviewed including: the
need for such rule, the legal basis of such rule, whether the rule is
duplicative of any other rule or regulation, whether the rule reflects
or utilizes current technology, and whether the rule reflects current
industry practices and standards.

Section 2 amends section 202 of the State Administrative Procedure Act

to require agencies to provide additional information in its notice of
proposed rule making including: the need for such rule, whether the
rule is duplicative of any other rule or regulation, whether the rule
reflects or utilizes current technology, and whether the rule reflects
current industry practices and standards.

Section 3 amends section 202 of the State Administrative Procedure Act
to require agencies to provide additional information in its notice of
adoption including: the need for such rule, whether the rule is
duplicative of any other rule or regulation, whether the rule reflects
or utilizes current technology, and whether the rule reflects current
industry practices and standards.

Section 4 states that this bill shall take effect immediately.

 JUSTIFICATION :  In the fall of 2013, the Senate Majority Coalition
held a series of industry-specific forums across New York State to
identify burdensome and duplicitous state regulations. To be sure,
regulations are a vital part of state government, critical in
promoting public welfare.  However, the rules should not be arbitrary,
the reporting should not be duplicative, and the requirements should
be easily accessible by those who must comply. The Senate Majority
Coalition issued a comprehensive report that shed light on New York
State's notoriously dense regulatory structure, identifying numerous
rules, regulations, and practices that put New York State's businesses
at a competitive disadvantage. This report was only the first step in
an ongoing effort by the Senate Majority Coalition to minimize the
regulatory burden of New York State.

This bill furthers this effort by amending the State Administrative
Procedure Act to provide for a more comprehensive review of agency
rules. Currently, agencies are only required to review rules
promulgated since 1997 on a five-year review cycle. This bill extends
that review requirement to all existing agency rules. This will ensure
that agencies look at every single rule on the books and provide an
explanation for why the rule is still necessary.

This bill also requires agencies to provide additional information
regarding a rule in its five-year review, notice of proposed rule
making, and notice of adoption. Currently, agencies are only required
to provide an analysis of the need for and legal basis of each rule.
This minimal analysis does not address the real problem with New York
State's regulatory structure: rules that are duplicative, do not take
into account current technology, and are not up to date with current
industry practices. This bill addresses the problem by requiring
agencies to analyze existing rules using the above listed criteria and
report their findings.

 LEGISLATIVE HISTORY :  2013-14: S.6869 Passed Senate

 FISCAL IMPLICATIONS :  None to the state.

 EFFECTIVE DATE : Immediately.

S406A (ACTIVE) - Bill Text download pdf

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

                                 406--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  GALLIVAN,  AVELLA,  BONACIC, DeFRANCISCO, FELDER,
  LARKIN, LAVALLE, MARCHIONE, MURPHY, RANZENHOFER,  SEWARD,  VALESKY  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Commerce, Economic Development and Small Business  --
  recommitted  to  the  Committee  on Commerce, Economic Development and
  Small Business in accordance with Senate Rule 6, sec. 8  --  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
  review of existing rules and rule making procedure

  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 and subdivisions 2 and 4 of
section 207 of the state administrative procedure act, paragraph (a)  of
subdivision 1 and subdivision 2 as amended by chapter 462 of the laws of
2012  and subdivision 4 as added by chapter 262 of the laws of 1996, are
amended to read as follows:
  (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 the year in which the rule  is  adopted,  and,
thereafter,  every rule shall be re-reviewed at five-year intervals. ALL
RULES ADOPTED BEFORE  THE  EFFECTIVE  DATE  OF  THIS  SECTION  SHALL  BE
INITIALLY REVIEWED NO LATER THAN IN THE TWO THOUSAND TWENTY-ONE CALENDAR
YEAR,  AND,  THEREAFTER,  EVERY  RULE  SHALL BE RE-REVIEWED AT FIVE-YEAR
INTERVALS.
  2. An agency shall submit for publication  in  the  regulatory  agenda
published in January pursuant to section two hundred two-d of this arti-

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

                                                           LBD01152-03-6

S. 406--A                           2

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,]: (A) THE NEED  FOR SUCH RULE, (B) THE  LEGAL  BASIS
OF  SUCH  RULE, (C) WHETHER THE RULE IS DUPLICATIVE OF ANY OTHER RULE OR
REGULATION, (D) WHETHER THE RULE REFLECTS OR UTILIZES CURRENT  TECHNOLO-
GY,  AND  (E)  WHETHER  THE RULE REFLECTS CURRENT INDUSTRY PRACTICES AND
STANDARDS. THE AGENCY 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 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.
  4. If an agency determines that a rule subject to  the  provisions  of
this  section  should  continue without modification, it shall publish a
notice to that effect, which shall identify the rule and  the  statutory
authority for the rule, and include a statement setting forth a reasoned
justification  for  continuation of the rule without modification and an
assessment of public comments, prepared in accordance  with  subdivision
four-a  of section two hundred two of this [chapter] ARTICLE, which were
submitted to the agency in response to the listing of the  rule  in  the
regulatory agenda, AND A SUMMARY OF THE ANALYSIS REQUIRED UNDER SUBDIVI-
SION TWO OF THIS SECTION.
  S 2. Paragraph (f) of subdivision 1 of section 202 of the state admin-
istrative  procedure act, as amended by chapter 610 of the laws of 1987,
subparagraph (iv) as amended by chapter 703 of the laws of 1991, subpar-
agraph (v) as amended by chapter 429 of the laws of  2003,  subparagraph
(vii)  as  amended  by  chapter 171 of the laws of 1994 and subparagraph
(viii) as amended by chapter 229 of the laws of 2000, is amended to read
as follows:
  (f) The notice of proposed rule making shall:
  (i) cite the statutory authority, including  particular  sections  and
subdivisions, under which the rule is proposed for adoption;
  (ii)  give  the date, time and place of any public hearing or hearings
which are scheduled;
  (iii) state whether or not the place of any public hearing or hearings
shall be reasonably accessible to persons with  a  mobility  impairment;
for  purposes  hereof,  "persons  with a mobility impairment" shall mean
those persons with a physical impairment which is permanent and severely
limits that person's mobility, or a person who  is  unable  to  ambulate
without  the  aid  of a wheelchair or other prosthetic device; provided,
however, that the failure of such accessibility in accordance  herewith,
upon  diligent  effort  to have provided same, shall have no effect upon
any actions or proceedings taken at any such subject hearings;
  (iv) include a statement  that  interpreter  services  shall  be  made
available  to  deaf  persons, at no charge, upon written request to such
agency representative as shall be designated  pursuant  to  subparagraph

S. 406--A                           3

[(viii)]  (IX)  of  this paragraph within a reasonable time prior to any
scheduled public  hearing  or  hearings.  If  interpreter  services  are
requested,  the  agency  conducting  the  rule  making proceeding in all
instances  shall  appoint  a qualified interpreter who is certified by a
recognized national or New York state credentialing authority to  inter-
pret  the  proceedings  to, and the testimony of, such deaf person. Such
agency shall determine  a  reasonable  fee  for  all  such  interpreting
services which shall be a charge upon the agency;
  (v) contain the complete text of the proposed rule, provided, however,
if such text exceeds two thousand words, the notice shall contain only a
description  of  the subject, purpose and substance of such rule in less
than two thousand words and shall identify the address of  the  website,
if any, on which the full text has been posted;
  (vi)  INCLUDE  THE NEED FOR SUCH RULE, WHETHER THE RULE IS DUPLICATIVE
OF ANY OTHER RULE OR REGULATION, WHETHER THE RULE REFLECTS  OR  UTILIZES
CURRENT TECHNOLOGY, AND WHETHER THE RULE REFLECTS CURRENT INDUSTRY PRAC-
TICES AND STANDARDS;
  (VII)  include  a  regulatory  impact  statement  prepared pursuant to
section two hundred two-a of this [chapter] ARTICLE, provided,  however,
if  such  statement exceeds two thousand words, the notice shall include
only a summary of such statement in less than two thousand words;
  [(vii)] (VIII) include a regulatory flexibility analysis and  a  rural
area  flexibility  analysis  prepared  pursuant  to sections two hundred
two-b and two hundred two-bb of this [chapter] ARTICLE, provided, howev-
er, if an analysis exceeds two thousand words, the notice shall  include
only a summary of such analysis in less than two thousand words;
  [(viii)]  (IX)  give  the  name,  public  office address and telephone
number of an agency representative, who is knowledgeable on the proposed
rule, from whom the complete text of such rule  and  any  scientific  or
statistical  study, report and analysis that served as the basis for the
rule and any supporting data, the regulatory impact statement, the regu-
latory flexibility analysis, and the rural area flexibility analysis may
be obtained; from whom information  about  any  public  hearing  may  be
obtained;  and  to whom written data, views and arguments may be submit-
ted; and
  [(ix)] (X) include any additional matter required by statute.
  S 3. Paragraph (c) of subdivision 5 of section 202 of the state admin-
istrative procedure act, as amended by chapter 610 of the laws of  1987,
subparagraph  (iii)  as amended, subparagraph (ix) as added and subpara-
graph (x) as renumbered by chapter 850 of the laws of 1990 and  subpara-
graphs (vi) and (viii) as amended by chapter 171 of the laws of 1994, is
amended to read as follows:
  (c) The notice of adoption shall:
  (i)  cite  the  statutory authority, including particular sections and
subdivisions, under which the rule is adopted;
  (ii) contain the complete text  of  the  rule  as  adopted,  provided,
however,  if  such  text  exceeds  two  thousand words, the notice shall
contain only a description of the subject, purpose and substance of such
rule in less than two thousand words;
  (iii) state whether there have been any changes in  the  text  of  the
rule  as  adopted  when  compared  with the text of the latest published
version of the proposed rule, and if such changes  have  occurred,  cite
the particular sections, subdivisions and paragraphs so changed;
  (iv) give the effective date of the rule;
  (v) INCLUDE THE NEED FOR SUCH RULE, WHETHER THE RULE IS DUPLICATIVE OF
ANY  OTHER  RULE  OR  REGULATION,  WHETHER THE RULE REFLECTS OR UTILIZES

S. 406--A                           4

CURRENT TECHNOLOGY, AND WHETHER THE RULE REFLECTS CURRENT INDUSTRY PRAC-
TICES AND STANDARDS;
  (VI)  include  a revised regulatory impact statement, when required by
the provisions of [subparagraph (ii) of] paragraph [(a)] (II) of  subdi-
vision  six  of  section  two  hundred  two-a of this [chapter] ARTICLE,
provided, however, if such statement exceeds  two  thousand  words,  the
notice  shall  include only a summary of such statement in less than two
thousand words;
  [(vi)] (VII) include a revised  regulatory  flexibility  analysis  and
rural  area  flexibility  analysis,  when  required by the provisions of
[subparagraph (ii) of] paragraph [(a)]  (II)  of  subdivision  seven  of
section  two  hundred  two-b  and  paragraph (b) of subdivision eight of
section two hundred two-bb of this [chapter] ARTICLE, provided, however,
if such statement exceeds two thousand words, the notice  shall  include
only a summary of such statement in less than two thousand words;
  [(vii)]  (VIII)  include  the  assessment  of public comment, prepared
pursuant to paragraph (b) of this  subdivision,  provided,  however,  if
such  assessment  exceeds  two  thousand words, the notice shall include
only a summary of such assessment in less than two thousand words;
  [(viii)] (IX) give the  name,  public  office  address  and  telephone
number  of  an  agency representative from whom the complete text of the
rule and any revised regulatory  impact  statement,  revised  regulatory
flexibility  analysis,  rural area flexibility analysis or assessment of
comments may be obtained; [and
  (ix)] (X) state whether any notice of revised  rule  making  had  been
submitted  for  such rule making and specify the date or dates that such
notice or notices appeared in the state register; and
  [(x)] (XI) include any additional matter required by statute.
  S 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S406A

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Archive: Last Bill Status - Passed Senate

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Votes

May 10, 2016 - floor Vote

Floor Vote: May 10, 2016

May 4, 2016 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: May 4, 2016

Mar 18, 2015 - floor Vote

Floor Vote: Mar 18, 2015

Mar 3, 2015 - Commerce, Economic Development and Small Business committee Vote

Committee Vote: Mar 3, 2015

Bill Amendments

Co-Sponsors

S406 - Details

S406 - Summary

S406 - Sponsor Memo

S406 - Bill Text download pdf

Co-Sponsors

S406A (ACTIVE) - Details

S406A (ACTIVE) - Summary

S406A (ACTIVE) - Sponsor Memo

S406A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S406A

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 10, 2016 - floor Vote

Floor Vote: May 10, 2016

May 4, 2016 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: May 4, 2016

Mar 18, 2015 - floor Vote

Floor Vote: Mar 18, 2015

Mar 3, 2015 - Commerce, Economic Development and Small Business committee Vote

Committee Vote: Mar 3, 2015

Bill Amendments

Co-Sponsors

S406 - Details

S406 - Summary

S406 - Sponsor Memo

S406 - Bill Text download pdf

Co-Sponsors

S406A (ACTIVE) - Details

S406A (ACTIVE) - Summary

S406A (ACTIVE) - Sponsor Memo

S406A (ACTIVE) - Bill Text download pdf

Comments