S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6095
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the legislative law and the state administrative  proce-
   dure  act,  in  relation  to  providing the administrative regulations
   review commission with the ability to delay the adoption  of  proposed
   administrative rules
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 87 of the legislative law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  THE  COMMISSION  SHALL  HAVE  THE POWER TO DELAY THE ADOPTION OF A
 PROPOSED ADMINISTRATIVE RULE. SHOULD IN THE PERFORMANCE OF ITS DUTIES, A
 MAJORITY OF THE MEMBERS OF THE COMMISSION AGREE THAT A PROPOSED ADMINIS-
 TRATIVE RULE RAISES ONE OR MORE QUESTIONS OR CONCERNS IN RELATION TO ANY
 OF THE FOUR ISSUES FOR CONSIDERATION THAT ARE SPECIFIED  IN  SUBDIVISION
 ONE  OF  THIS SECTION, THE COMMISSION MAY, IN WRITING, NOTIFY THE AGENCY
 RESPONSIBLE FOR THE PROPOSED RULE THAT THE  COMMISSION  HAS  DECIDED  TO
 DELAY  THE  ADOPTION  OF  THE RULE BY NINETY DAYS.   A WRITTEN LETTER TO
 DELAY ADOPTION OF A PROPOSED RULE MUST BE MAILED  OR  DELIVERED  TO  THE
 AGENCY THAT PROPOSED THE RULE AT ISSUE. A VALID LETTER TO DELAY ADOPTION
 OF  A  RULE  MUST  BE  SIGNED  BY EACH MEMBER OF THE COMMISSION THAT HAS
 AGREED TO DELAY THE ADOPTION AND MUST INCLUDE AT LEAST A BRIEF  EXPLANA-
 TION OF THE COMMISSION'S ONE OR MORE QUESTIONS OR CONCERNS REGARDING THE
 PROPOSED  RULE.    THE COMMISSION MUST ALSO FILE A CERTIFIED COPY OF THE
 LETTER TO DELAY ADOPTION OF A RULE WITH THE DEPARTMENT OF  STATE,  DIVI-
 SION OF ADMINISTRATIVE RULES.
   §  2.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
 section 202 of the state administrative procedure act, subparagraph (iv)
 as amended and subparagraph (v) as added by chapter 490 of the  laws  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11631-01-7
              

 S. 6095                             2
 
 2016, are amended and three new subparagraphs (vi), (vii) and (viii) are
 added to read as follows:
   (iv)  publish all notices and statements, required by this section and
 section two hundred one-a of this chapter, in the state register as soon
 as practicable; [and]
   (v) prescribed guidance, developed in consultation with the office  of
 information technology services, for online posting of text and informa-
 tion pursuant to this section[.];
   (VI)  FOLLOWING  THE  RECEIPT OF A CERTIFIED COPY OF A VALID LETTER TO
 DELAY ADOPTION OF A RULE, PUBLISH SUCH A LETTER IN THE NEXT ISSUE OF THE
 STATE REGISTER;
   (VII) PUBLISH A CLEAR AND CONSPICUOUS NOTICE  OF  DELAY,  WHICH  SHALL
 STATE THAT THE RULE MAKING PROCESS FOR THE PROPOSED RULE WILL BE DELAYED
 NINETY  DAYS;  SUCH  NOTICES  SHALL  BE  PUBLISHED  TO ACCOMPANY RELATED
 LETTERS TO DELAY THE ADOPTION OF A RULE IN THE STATE REGISTER; AND
   (VIII) REJECT ANY LETTER TO DELAY ADOPTION OF A RULE THAT IS DEFICIENT
 FOR LACKING AT LEAST A MINIMAL EXPLANATION OF THE QUESTIONS OR  CONCERNS
 PERTAINING  TO  THE  PROPOSED RULE, OR THE REQUISITE SIGNATURES AND GIVE
 PROMPT NOTICE OF THE DEFICIENCY TO THE ADMINISTRATIVE REGULATIONS REVIEW
 COMMISSION.
   § 3. Section 202 of the state administrative procedure act is  amended
 by adding a new subdivision 10 to read as follows:
   10.  DELAY  ADOPTION  OF A PROPOSED RULE. (A) IF IN THE PERFORMANCE OF
 THEIR DUTIES, AS SPECIFIED IN SUBDIVISION ONE OF SECTION EIGHTY-SEVEN OF
 THE LEGISLATIVE LAW, A MAJORITY OF THE  MEMBERS  OF  THE  ADMINISTRATIVE
 REGULATIONS  REVIEW COMMISSION AGREE THAT A PROPOSED ADMINISTRATIVE RULE
 RAISES ONE OR MORE QUESTIONS OR CONCERNS IN RELATION TO ANY OF THE  FOUR
 ISSUES  FOR  CONSIDERATION  THAT  ARE  SPECIFIED  IN  SUBDIVISION ONE OF
 SECTION EIGHTY-SEVEN OF THE LEGISLATIVE LAW, THE COMMISSION  MAY,  DELAY
 THE ADOPTION OF SUCH A RULE BY NINETY DAYS, PURSUANT TO THE REQUIREMENTS
 OF SUBDIVISION FOUR OF SECTION EIGHTY-SEVEN OF THE LEGISLATIVE LAW.
   (B) THE NINETY DAY PERIOD TO DELAY RULE MAKING SHALL BEGIN ON THE DATE
 THAT  THE  NOTICE  OF DELAY IS PUBLISHED IN THE STATE REGISTER AND SHALL
 END NINETY DAYS FOLLOWING THE PUBLICATION OF THE NOTICE OF DELAY.
   (C) IF A NINETY DAY PERIOD OF DELAY BEGINS DURING THE  PUBLIC  COMMENT
 PERIOD FOR A PROPOSED RULE, THE AGENCY RESPONSIBLE FOR THE PROPOSED RULE
 WILL  BE  REQUIRED  TO CONSIDER ALL PUBLIC COMMENTS RECEIVED DURING THAT
 PERIOD OF DELAY.
   (D) ANY AGENCY THAT RECEIVES A LETTER TO  DELAY  ADOPTION  OF  A  RULE
 SHALL  CONSIDER  EVERY  QUESTION OR CONCERN RAISED BY THE ADMINISTRATIVE
 REGULATIONS REVIEW COMMISSION WITHIN THAT LETTER.   AGENCIES  MUST  ALSO
 CONSIDER PROPOSING ALTERNATIVE MEANS IN ORDER TO ADDRESS THE ONE OR MORE
 QUESTIONS  OR CONCERNS THAT IS STATED IN THE LETTER TO DELAY ADOPTION OF
 A RULE.
   (E) FOLLOWING CONSIDERATION OF ALL QUESTIONS OR CONCERNS, AS  WELL  AS
 ALTERNATIVES, AGENCIES SHALL BE ALLOWED TO WITHDRAW OR REVISE A PROPOSED
 RULE  DURING OR AFTER THE NINETY DAY PERIOD OF DELAY HAS ENDED, PURSUANT
 TO THE RULE MAKING REQUIREMENTS OF THIS SECTION.
   (F) NO AGENCY SHALL BE COMPELLED TO CHANGE A PROPOSED RULE IN RESPONSE
 TO A LETTER TO DELAY ADOPTION  OF  A  RULE.  HOWEVER,  ANY  AGENCY  THAT
 RECEIVES  A  LETTER TO DELAY ADOPTION OF A RULE MUST AT LEAST RESPOND TO
 EACH SPECIFIC QUESTION OR CONCERN RAISED  IN  THAT  LETTER,  WITHIN  THE
 ASSESSMENT  OF  PUBLIC  COMMENT  MADE PURSUANT TO THE NOTICE OF ADOPTION
 REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION.

 S. 6095                             3
 
   (G) THE ADMINISTRATIVE REGULATIONS  REVIEW  COMMISSION  WILL  HAVE  NO
 ABILITY  TO  DELAY A RULE THAT IS ADOPTED ON AN EMERGENCY BASIS PURSUANT
 TO SUBDIVISION SIX OF THIS SECTION.
   § 4. This act shall take effect immediately.