The New York State Senate

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

                                 5795--A
    Cal. No. 977

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 1, 2017
                               ___________

Introduced  by  Sens.  JACOBS, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic Development and Small Business --  committee  discharged  and  said
  bill  committed  to  the Committee on Rules -- reported favorably from
  said committee, ordered to a  third  reading,  passed  by  Senate  and
  delivered  to  the  Assembly, recalled, vote reconsidered, restored to
  third reading, amended and ordered reprinted, retaining its  place  in
  the order of third reading

AN  ACT  to  amend the state administrative procedure act, the executive
  law and the environmental conservation law, in relation to the comment
  period for proposed rules

  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 of section 202 of the state
administrative procedure act, as amended by chapter 304 of the  laws  of
2016, is amended to read as follows:
  (a)  Prior  to the adoption of a rule, an agency shall submit a notice
of proposed rule making to the secretary of state for publication in the
state register and shall afford the  public  an  opportunity  to  submit
comments  on  the proposed rule. Unless a different time is specified by
statute, the notice of proposed rule making must  appear  in  the  state
register at least [forty-five] SIXTY days prior to either
  (i) the addition, amendment or repeal of a rule for which statute does
not require that a public hearing be held prior to adoption, or
  (ii)  the first public hearing on a proposed rule for which such hear-
ing is so required.
  The notice of proposed rule making shall indicate the  last  date  for
submission  of  comments on the proposed rule, which, unless a different
time is specified in statute or this paragraph, shall be not  less  than
[forty-five]  SIXTY  days  after the date of publication of such notice,
or, if statute requires that a public hearing be held prior to adoption,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD02336-02-7

S. 5795--A                          2

not less than five days after the date of the last public hearing sched-
uled to  be  held  on  the  proposed  rule.  Notwithstanding  any  other
provision  of  this  paragraph,  when the notice of proposed rule making
contains only a description of the subject, purpose and substance of the
rule  as  provided in subparagraph (v) of paragraph (f) of this subdivi-
sion, the full text of the proposed rule shall be posted  on  a  website
maintained by the agency or another state entity and shall remain posted
until  such  proposed  rule  is  adopted,  revised, withdrawn or expires
pursuant to this article, except that such  web  posting  shall  not  be
required  for  any rule defined in subparagraph (ii) of paragraph (a) of
subdivision two of section one hundred two of this chapter.
  § 2. Subdivision 2 of section 101-a of the executive law,  as  amended
by chapter 610 of the laws of 1987, is amended to read as follows:
  2.  Except  as provided in subdivision three of this section, at least
[forty-five] SIXTY days prior to either the adoption of any rule, or, if
a public hearing is required by statute,  at  least  [forty-five]  SIXTY
days  prior  to  the first public hearing on a proposed rule, the agency
proposing to take such action shall send a notification of such proposed
action to the temporary president of the senate and the speaker  of  the
assembly.  This notification shall: (a) refer to the statutory authority
under  which  the action is proposed, (b) give the time and place of any
public hearing that may be scheduled concerning the proposed action,  or
state  the  manner in which data, views or arguments may be submitted to
the agency concerning the proposed action, (c) contain  a  copy  of  the
complete  text  of the proposed rule, and (d) contain a fiscal statement
setting forth the fiscal consequences of  the  proposed  action  on  the
state and its local governments.
  §  3.  Paragraph  a of subdivision 2 of section 3-0301 of the environ-
mental conservation law, as amended by chapter 412 of the laws of  2016,
is amended to read as follows:
  a.  Adopt, amend or repeal environmental standards, criteria and those
rules and regulations having the  force  and  effect  of  standards  and
criteria  to carry out the purposes and provisions of this act. Any such
environmental standard, criterion, rule or regulation or change  thereto
shall  become effective thirty days after being filed with the Secretary
of State for publication in the "Official Compilation of  Codes,  Rules,
and  Regulations of the State of New York" published pursuant to section
[102] ONE HUNDRED TWO of the Executive Law. This provision shall not  in
any way restrict the commissioner in the exercise of any function, power
or  duty transferred to him or her and heretofore authorized to be exer-
cised by any other department acting through its commissioner to promul-
gate, adopt, amend or repeal any standards, rules  and  regulations.  No
such  environmental  standards,  criterion, rule or regulation or change
thereto shall be proposed for approval unless a public hearing  relating
to  the subject of such standard shall be held by the commissioner prior
thereto not less than [45] SIXTY days after date of notice therefor, any
provision of law to the contrary notwithstanding. Notice shall be  given
by  public  advertisement  of  the date, time, place and purpose of such
hearing.
  § 4. Subdivision 1 of section 19-0303 of the  environmental  conserva-
tion  law,  as amended by chapter 412 of the laws of 2016, is amended to
read as follows:
  1. A code, rule or regulation or any amendment or repeal thereof shall
not be adopted until after a public hearing within the area of the state
concerned. Notice of such hearing shall be given at  least  [forty-five]
SIXTY  days  prior to the scheduled date of the hearing by public adver-

S. 5795--A                          3

tisement of the date, time, place and purpose of such hearing.  At  such
hearing,  opportunity  to be heard by the department with respect to the
subject thereof shall be given to the public. A code, rule or regulation
or an amendment or repeal thereof shall not become effective until thir-
ty  days  after  certified copies thereof shall have been filed with the
secretary of state. Any person heard at  such  hearing  shall  be  given
written  notice  of  the  action  of  the department with respect to the
subject thereof.
  § 5. Section 27-0705 of the environmental conservation law, as amended
by chapter 412 of the laws of 2016, is amended to read as follows:
§ 27-0705. Adoption of rules and regulations; public hearings.
  A rule or regulation or any amendment or repeal thereof shall  not  be
adopted until after public hearing thereon. Notice of such hearing shall
be given at least [forty-five] SIXTY days prior to the scheduled date of
the  hearing  by public advertisement in the area of the state concerned
of the date, time, place and purpose of such hearing. At  such  hearing,
opportunity  to  be  heard shall be given to the public. A rule or regu-
lation or an amendment or repeal  thereof  shall  not  become  effective
until  sixty  days  after certified copies thereof shall have been filed
with the secretary of state.
  § 6. Subdivision 1 of section 35-0109 of the  environmental  conserva-
tion  law,  as amended by chapter 412 of the laws of 2016, is amended to
read as follows:
  1. Notice of public hearing shall be by publication in two  newspapers
most  likely to give notice to the people of this state of such hearings
at least once in each of three successive weeks, provided, however, that
notice of public hearing shall be given to the manufacturer or  manufac-
turers of such household cleansing products in writing, whenever practi-
cable  or  in  such  other  form  as in the commissioner's judgment will
reasonably notify such manufacturer of said hearing. Such hearing  shall
not be conducted less than [forty-five] SIXTY days following the date of
first publication of notice of such hearing.
  § 7. Section 37-0105 of the environmental conservation law, as amended
by chapter 412 of the laws of 2016, is amended to read as follows:
§ 37-0105. Rules and regulations.
  The  department  is  hereby  authorized  to promulgate rules and regu-
lations pertaining to the storage and  release  to  the  environment  of
substances  hazardous  or  acutely hazardous to public health, safety or
the environment. Such rules and regulations may  require  the  users  of
substances  which may meet the criteria upon which the lists referred to
in paragraphs (a) and (b) of subdivision one of section 37-0103 of  this
chapter are based to furnish to the department for the public record any
information  regarding such substances which the said user may have, and
the nature and extent of research performed by said user concerning  the
effects of such substances on human health and the environment. Prior to
promulgation  of  rules and regulations hereunder, public hearings shall
be held upon notice in two newspapers in the  locality  of  said  public
hearings, at least two times per week in each of three successive weeks.
Such  hearings  shall be conducted not less than [forty-five (45)] SIXTY
(60) days following the date of last publication.
  § 8. This act shall take effect October 1, 2017, and  shall  apply  to
all  notices of proposed rule making published in the state register and
to all notifications sent to the temporary president of the  senate  and
the speaker of the assembly on or after such date.