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.