NY State Senate Bill 2017-S5912C

Archive: Last Bill Status - In Assembly 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2018	referred to governmental operations delivered to assembly passed senate
Apr 30, 2018	amended on third reading 5912c
Jan 17, 2018	advanced to third reading
Jan 16, 2018	2nd report cal.
Jan 09, 2018	1st report cal.101
Jan 03, 2018	referred to commerce, economic development and small business returned to senate died in assembly
Jun 21, 2017	referred to governmental operations delivered to assembly passed senate
Jun 13, 2017	amended on third reading 5912b
Jun 08, 2017	amended on third reading 5912a
May 16, 2017	ordered to third reading cal.979 committee discharged and committed to rules
May 05, 2017	referred to commerce, economic development and small business

Votes

- May 9, 2018 - Floor Vote
  S5912C
  
  Aye
  
  47
  
  Nay
  
  15
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: May 9, 2018
      
      aye (47)
      
      Akshar
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (15)
      
      Addabbo Jr.
      
      Alcantara
      
      Brooks
      
      Comrie
      
      Dilan
      
      Hoylman-Sigal
      
      Kavanagh
      
      Kennedy
      
      Mayer
      
      Montgomery
      
      Peralta
      
      Rivera
      
      Sepúlveda
      
      Stavisky
      
      Stewart-Cousins
      
      excused (1)
      
      Funke
  Jun 21, 2017 - Floor Vote
  S5912C
  
  Aye
  
  44
  
  Nay
  
  18
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 21, 2017
      
      aye (44)
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (18)
      
      Addabbo Jr.
      
      Bailey
      
      Brooks
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Krueger
      
      Latimer
      
      Montgomery
      
      Parker
      
      Peralta
      
      Persaud
      
      Rivera
      
      Squadron
      
      Stewart-Cousins
      
      absent (1)
      
      Sanders Jr.
  May 16, 2017 - Rules Committee Vote
  S5912C
  
  Aye
  
  15
  
  Nay
  
  10
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: May 16, 2017
      
      aye (15)
      
      Bonacic
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Hannon
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      Valesky
      
      nay (10)
      
      Breslin
      
      Carlucci
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Montgomery
      
      Parker
      
      Savino
      
      Squadron
      
      Stewart-Cousins
  Jan 9, 2018 - Commerce, Economic Development And Small Business Committee Vote
  S5912C
  
  Aye
  
  6
  
  Nay
  
  4
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Commerce, Economic Development And Small Business Committee Vote: Jan 9, 2018
      
      aye (6)
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Robach
      
      nay (4)
      
      Bailey
      
      Kennedy
      
      Persaud
      
      Sanders Jr.
      
      aye wr (1)
      
      Hamilton

Bill Amendments

Original

C (Active)

co-Sponsors

2017-S5912 - Details

See Assembly Version of this Bill:: A8470
Current Committee:: Assembly Governmental Operations
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act

2017-S5912 - Summary

Relates to agencies adopting emergency rules.

2017-S5912 - Sponsor Memo

                                 BILL NUMBER:  S5912

 TITLE OF BILL :

An act to amend the state administrative procedure act, in relation to
agencies adopting emergency rules

 PURPOSE :

The purpose of this bill is to amend the State Administrative
Procedure Act (SAPA), in relation to the use of emergency rule making,
constricting the timeframe an agency can promulgate a single
regulation as an emergency, and the circumstances surrounding the need
for emergency rule making action by a state agency.

 SUMMARY OF PROVISIONS :

The bill amends the State Administrative Procedure Act (SAPA) Section
202, subdivision 6 (a) (b), notice of emergency adoption and emergency
time frames.

 EXISTING LAW :

State Administrative Procedure Act 202-6(a)(b)

 JUSTIFICATION :

Staff at the Administrative Regulations Review Commission note
research that shows nearly 2/3 of New York State agencies rule makings
over the past ten-years (2006 to 2015) have been proposed through the
emergency or emergency proposal rule making procedure.  Most agencies
cite "general welfare" as reasoning for using the emergency rule
making process.

Approximately 2,750 rules were proposed by New York State Agencies
within the ten-year period (2006 to 2015), an average of 275 per year.
During the same ten-year period, 1,938 rule makings were proposed
through the emergency or emergency proposal procedure. In most cases,
the emergency rule making procedure does not allow for public comment
or public involvement nor does it allow enough time for small
businesses to adapt to the regulatory changes, as they happen
immediately under the emergency process. With emergency adoption,
literally overnight, small business owners and regulated public are
forced to change their practices immediately. ARRC staff have been
contacted by small business owners, healthcare professionals and
education advocates complaining that the emergency process is unfair
and they cannot comment, react or implement changes within required
regulatory time frames. This legislation will seek to strengthen the
definition of emergency rule making, the specifics surrounding its use
and limit the time frame for implementation.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect January 1st following signature into law.

2017-S5912 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5912
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2017
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 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 SUBSTANTIAL THREAT TO PUBLIC
 HEALTH OR SAFETY; OR
   (II) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE A  JUDI-
 CIAL  DECISION,  FEDERAL  OR  STATE LAW OR RULE OR OTHER EXIGENT CIRCUM-
 STANCES REQUIRE AN AGENCY TO IMMEDIATELY CREATE OR CHANGE  A  RULE  UPON
 WHICH THE PUBLIC CAN RELY; OR
   (III)  THE  USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE IT IS
 NECESSARY FOR AN AGENCY TO ADOPT A RULE IMMEDIATELY IN ORDER TO  FULFILL
 ITS LEGAL OBLIGATIONS; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11460-01-7

 S. 5912                             2
 
   (IV)  FAILURE  TO  ADOPT  A  RULE IMMEDIATELY WOULD CAUSE A DELAY THAT
 WOULD FRUSTRATE OR BE IN DIRECT CONTRAVENTION OF THE STATED GOALS  OF  A
 STATUTE AND BE CONTRARY TO THE PUBLIC INTEREST; OR
   (V)  THE  DELAY  INVOLVED  IN ADOPTING THE RULE THROUGH THE USUAL RULE
 MAKING PROCEDURE PROVIDED IN SUBDIVISION ONE OF THE SECTION  WOULD  LEAD
 TO IRREPARABLE INJURY AND THUS WOULD BE CONTRARY TO THE PUBLIC INTEREST;
 OR
   (VI)  ANY  DELAY IN ADOPTING THE RULE WOULD CAUSE A DENIAL OF FUNDS OR
 SERVICES FROM SOURCES OUTSIDE GOVERNMENT WHICH WOULD OTHERWISE BE AVAIL-
 ABLE TO THE STATE AND THUS BE CONTRARY TO THE PUBLIC INTEREST.
   (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.  THE
 AGENCY MAY ADOPT THE RULE FOR TWO ADDITIONAL SIXTY DAY PERIODS.  AT  THE
 END  OF  THE  THIRD SIXTY DAY EMERGENCY PERIOD THE AGENCY MUST ADOPT THE
 RULE PERMANENTLY OR THE RULE SHALL BE DEEMED TO BE EXPIRED.
   § 2. This act shall take effect immediately.

co-Sponsors

2017-S5912A - Details

See Assembly Version of this Bill:: A8470
Current Committee:: Assembly Governmental Operations
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act

2017-S5912A - Summary

Relates to agencies adopting emergency rules.

2017-S5912A - Sponsor Memo

                                 BILL NUMBER:  S5912A          Revised 6/12/17

 TITLE OF BILL :  An act to amend the state administrative procedure
act, in relation to agencies adopting emergency rules

 PURPOSE :

The purpose of this bill is to amend the State Administrative
Procedure Act (SAPA), in relation to the use of emergency rule making,
constricting the timeframe an agency can promulgate a single
regulation as an emergency, and the circumstances surrounding the need
for emergency rule making action by a state agency.

 SUMMARY OF PROVISIONS :

Section 1: Amends the State Administrative Procedure Act (SAPA)
Section 202, subdivision 6 (a) (b), allowing agencies to adopt
emergency regulations for good cause that the emergency rule is
necessary to preserve public health, safety, or general welfare, and
one or more of the following conditions are met:

*The usual rulemaking procedures are impractical because of an
imminent and actual threat to public health or safety; or

*The delay would cause the agency to be out of compliance with a
federal or state law; or

*The delay would result in the loss of federal funds; or

*The delay would lead to irreparable injury.

Furthermore, this section would require the agency to commence the
usual rule making process within thirty days of the adoption of the
emergency rule.

Section 2: establishes the effective date.

 EXISTING LAW :

State Administrative Procedure Act 202-6(a)(b)

 JUSTIFICATION :

From 2006 to 2015, New York governmental agencies issued approximately
2,750 rules. Of those, 1,938 were proposed through the emergency
process, a full two-thirds. In 2016, one-third of all regulations
proposed by New York governmental agencies were through by emergency.
In most cases, the emergency rule making procedures do not allow for
public comment or public involvement nor do they allow enough time for
small businesses to adapt to the regulatory changes, as they happen
immediately  under the emergency process. With emergency adoption,
literally overnight, small business owners and the regulated public
are forced to change their practices immediately. This legislation
will seek to clarify the definition of emergency rule making, the
specifics surrounding its use, and require that regular rulemaking
procedures be implemented at the end of the emergency rulemaking
period or the emergency rule will be deemed to expire.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5912A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5912--A
     Cal. No. 979
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2017
                                ___________
 
 Introduced  by  Sens.  JACOBS, SERINO -- 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 -- ordered to a third read-
   ing, amended and ordered reprinted, retaining its place in  the  order
   of third reading
 
 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
   (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.
 S                                                          LBD11460-02-7

 S. 5912--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 AGENCY
 MAY  ADOPT  THE RULE FOR TWO ADDITIONAL SIXTY DAY PERIODS. AT THE END OF
 THE THIRD SIXTY DAY EMERGENCY PERIOD THE  AGENCY  MUST  ADOPT  THE  RULE
 PERMANENTLY OR THE RULE SHALL BE DEEMED TO BE EXPIRED.
   § 2. This act shall take effect immediately.

co-Sponsors

2017-S5912B - Details

See Assembly Version of this Bill:: A8470
Current Committee:: Assembly Governmental Operations
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act

2017-S5912B - Summary

Relates to agencies adopting emergency rules.

2017-S5912B - Sponsor Memo

                                 BILL NUMBER:  S5912B

 TITLE OF BILL :  An act to amend the state administrative procedure
act, in relation to agencies adopting emergency rules

 PURPOSE :

The purpose of this bill is to amend the State Administrative
Procedure Act (SAPA), in relation to the use of emergency rule making,
constricting the timeframe an agency can promulgate a single
regulation as an emergency, and the circumstances surrounding the need
for emergency rule making action by a state agency.

 SUMMARY OF PROVISIONS :

Section 1: Amends the State Administrative Procedure Act (SAPA)
Section 202, subdivision 6 (a) (b), allowing agencies to adopt
emergency regulations for good cause that the emergency rule is
necessary to preserve public health, safety, or general welfare, and
one or more of the following conditions are met:
*The usual rulemaking procedures are impractical because of an
imminent and actual threat to public health or safety; or
*The delay would cause the agency to be out of compliance with a
federal or state law; or
*The delay would result in the loss of federal funds; or
*The delay would lead to irreparable injury.

*Within thirty days of the adoption of the emergency rule, the agency
must submit a notice of proposed rulemaking to commence the usual
rulemaking procedures.

Furthermore, this section states that the emergency rule would remain
in effect for as long as the separate notice of proposed rulemaking
remains in effect, upon which time it would expire.

Section 2: establishes the effective date.

 EXISTING LAW :

State Administrative Procedure Act 202-6(a)(b)

 JUSTIFICATION :

From 2006 to 2015, New York governmental agencies issued approximately
2,750 rules. Of those, 1,938 were proposed through the emergency
process, a full two-thirds. In 2016, one-third of all regulations
proposed by New York governmental agencies were through by emergency.
In most cases, the emergency rule making procedures do not allow for
public comment or public involvement nor do they allow enough time for
small businesses to adapt to the regulatory changes, as they happen
immediately under the emergency process. With emergency adoption,
literally overnight, small business owners and the regulated public
are forced to change their practices immediately.  This legislation
will seek to clarify the definition of emergency rule making, the
specifics surrounding its use, and require that regular rulemaking
procedures be implemented at the end of the emergency rulemaking
period or the emergency rule will be deemed to expire.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5912B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5912--B
     Cal. No. 979
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2017
                                ___________
 
 Introduced  by  Sens.  JACOBS, SERINO -- 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 -- ordered to a third read-
   ing, amended and ordered reprinted, retaining its place in  the  order
   of third reading -- again amended and ordered reprinted, retaining its
   place in the order of third reading
 
 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
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11460-03-7

 S. 5912--B                          2
 
   (III)  THE  DELAY  IN  ADOPTING THE RULE THROUGH THE USUAL RULE MAKING
 PROCEDURE WOULD RESULT IN A LOSS OF FEDERAL FUNDS; OR
   (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.

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2017-S5912C (ACTIVE) - Details

See Assembly Version of this Bill:: A8470
Current Committee:: Assembly Governmental Operations
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act

2017-S5912C (ACTIVE) - Summary

Relates to agencies adopting emergency rules.

2017-S5912C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5912C

SPONSOR: JACOBS
 
TITLE OF BILL:

An act to amend the state administrative procedure act, in relation to
agencies adopting emergency rules

 
PURPOSE:

The purpose of this bill is to amend the State Administrative Procedure
Act (SAPA), in relation to the use of emergency rule making, constrict-
ing the timeframe an agency can promulgate a single regulation as an
emergency, and the circumstances surrounding the need for emergency rule
making action by a state agency.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the State Administrative Procedure Act (SAPA) Section
202, subdivision 6 (a) (b), allowing agencies to adopt emergency regu-
lations for good cause that the emergency rule is necessary to preserve

public health, safety, or general welfare, and one or more of the
following conditions are met:

*The usual rulemaking procedures are impractical because of an imminent
and actual threat to public health or safety or the environment; or

*The delay would cause the agency to be out of compliance with a federal
or state law; or

*The delay would result in the loss of federal funds; or

*The delay would lead to irreparable injury.  Furthermore, this section
would require the agency to commence the usual rule making process with-
in thirty days of the adoption of the emergency rule.

Section 2: establishes the effective date.

 
EXISTING LAW:

State Administrative Procedure Act 202-6(a)(b)

 
JUSTIFICATION:

From 2006 to 2015, New York governmental agencies issued approximately
2,750 rules. Of those, 1,938 were proposed through the emergency proc-
ess, a full two-thirds. In 2016, one-third of all regulations proposed
by New York governmental agencies were through by emergency.  In most
cases, the emergency rule making procedures do not allow for public
comment or public involvement nor do they allow enough time for small
businesses to adapt to the regulatory changes, as they happen immediate-
ly under the emergency process. With emergency adoption, literally over-
night, small business owners and the regulated public are forced to
change their practices immediately. This legislation will seek to clari-
fy the definition of emergency rule making, the specifics surrounding
its use, and require that regular rulemaking procedures be implemented
at the end of the emergency rulemaking period or the emergency rule will
be deemed to expire.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S5912C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5912--C
     Cal. No. 101
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2017
                                ___________
 
 Introduced  by  Sens.  JACOBS, AKSHAR, DeFRANCISCO, MARCHIONE, SERINO --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee on Commerce, Economic Development and Small Business --
   committee discharged and said bill committed to the Committee on Rules
   -- ordered to a third reading, amended and ordered reprinted,  retain-
   ing  its  place  in  the  order  of third reading -- again amended and
   ordered reprinted, retaining its place in the order of  third  reading
   --  recommitted to the Committee on Commerce, Economic Development and
   Small Business in accordance with Senate Rule 6, sec.  8  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11460-05-8

 S. 5912--C                          2
 
   (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
   (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.

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Senate Bill S5912C

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Jan 9, 2018 - Commerce, Economic Development And Small Business Committee Vote

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2017-S5912C (ACTIVE) - Details

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2017-S5912C (ACTIVE) - Bill Text download pdf

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