S T A T E O F N E W Y O R K
________________________________________________________________________
8470--A
2017-2018 Regular Sessions
I N A S S E M B L Y
June 16, 2017
___________
Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Governmental Operations -- recommitted to the Committee
on Governmental Operations in accordance with Assembly Rule 3, sec. 2
-- 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
agencies adopting emergency rules
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (b) of subdivision 6 of section 202 of
the state administrative procedure act, paragraph (a) as added by chap-
ter 17 of the laws of 1984 and paragraph (b) as amended by chapter 483
of the laws of 1988, are amended to read as follows:
(a) Notwithstanding any other provision of law, if an agency finds FOR
A GOOD CAUSE that the immediate adoption of a rule is necessary for the
preservation of the public health, safety or general welfare [and that
compliance with the requirements of subdivision one of this section
would be contrary to the public interest, the agency may dispense with
all or part of such requirements and adopt the rule on an emergency
basis], AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY
MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE OF
THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
(I) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS
AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO PUBLIC HEALTH
OR SAFETY OR THE ENVIRONMENT; OR
(II) THE DELAY INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE WITH A
JUDICIAL DECISION, FEDERAL OR STATE LAW; OR
(III) THE DELAY IN ADOPTING THE RULE THROUGH THE USUAL RULE MAKING
PROCEDURE WOULD RESULT IN A LOSS OF FEDERAL FUNDS; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11460-06-8
A. 8470--A 2
(IV) THE DELAY INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
MAKING PROCEDURE PROVIDED IN SUBDIVISION ONE OF THIS SECTION WOULD LEAD
TO IRREPARABLE INJURY.
(A-1) WITHIN THIRTY DAYS OF THE ADOPTION OF THE EMERGENCY RULE, THE
AGENCY SHALL SEPARATELY SUBMIT A NOTICE OF PROPOSED RULE MAKING FOR SUCH
RULE TO THE SECRETARY OF STATE TO COMMENCE THE USUAL RULE MAKING PROCE-
DURES SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
(b) Unless otherwise provided by law, such emergency rule shall not
remain in effect for longer than ninety days after being filed with the
secretary of state unless within such time the agency complies with the
requirements of subdivision one of this section and adopts the rule
pursuant to the provisions of subdivision five of this section,
provided, however, if such emergency rule is readopted prior to the
expiration of such ninety day period such readoption and any subsequent
readoptions shall remain in effect for no longer than sixty days. UPON
ANY READOPTION, THE AGENCY SHALL PUBLISH AND MAKE AVAILABLE TO THE
PUBLIC AN ASSESSMENT OF PUBLIC COMMENTS RECEIVED ON THE EMERGENCY RULE
OR THE SEPARATE NOTICE OF PROPOSED RULEMAKING FOR SUCH RULE. THE EMER-
GENCY RULE MAY REMAIN IN EFFECT, AT THE LATEST, FOR AS LONG AS THE SEPA-
RATE NOTICE OF PROPOSED RULEMAKING REMAINS IN EFFECT PURSUANT TO SUBDI-
VISION TWO OF THIS SECTION. WHEN THE SEPARATE NOTICE OF PROPOSED
RULEMAKING EXPIRES PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE
EMERGENCY RULE SHALL ALSO EXPIRE AND BE INEFFECTIVE FOR THE PURPOSES OF
THIS SECTION.
§ 2. This act shall take effect immediately.