S T A T E O F N E W Y O R K
________________________________________________________________________
8796
I N A S S E M B L Y
January 12, 2022
___________
Introduced by M. of A. MAMDANI -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to
public hearings on proposed rules; and to amend a chapter of the laws
of 2021 amending the state administrative procedure act relating to
public hearings on proposed rules, as proposed in legislative bills
numbers S. 155 and A. 6267, in relation to the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 202-f of the state administrative procedure act, as
added by a chapter of the laws of 2021 amending the state administrative
procedure act relating to public hearings on proposed rules, as proposed
in legislative bills numbers S. 155 and A. 6267, is amended to read as
follows:
§ 202-f. Public hearings. 1. Whenever a public hearing is held on a
proposed rule pursuant to this chapter, unless otherwise provided in
law, an agency is authorized to utilize innovative techniques to enhance
public participation in rule making, including but not limited to allow-
ing the public to ask questions of agency personnel for a portion of
such hearing, organizing such hearing as a roundtable discussion, sched-
uling an evening or weekend hearing, and using DIGITAL, broadcasting
and/OR teleconferencing technologies; provided, however, that no such
innovative techniques shall be used in a manner which diminishes the
ability which members of the public would otherwise have to comment on
the proposed rule at a public hearing. Each agency listed in subdivision
four of this section shall, and any other agency may, include in its
annual report a description and analysis of its use of innovative tech-
niques pursuant to this subdivision.
2. Except as provided in subdivision three of this section, [any agen-
cy listed in subdivision four of this section which receives] IF THE
WORKERS' COMPENSATION BOARD, THE STATE EDUCATION DEPARTMENT, THE DEPART-
MENT OF FINANCIAL SERVICES, THE DEPARTMENT OF LABOR, OR THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE RECEIVE a petition subscribed by not
fewer than [one] FIVE hundred [twenty-five] persons residing in this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03263-02-2
A. 8796 2
state, OR IF THE DEPARTMENT OF HEALTH OR DEPARTMENT OF ENVIRONMENTAL
CONSERVATION RECEIVE A PETITION SUBSCRIBED BY NOT FEWER THAN SEVEN
HUNDRED FIFTY PERSONS RESIDING IN THIS STATE, requesting a public hear-
ing on any rule or rules which have been proposed by the agency, or have
been described in the regulatory agenda submitted by the agency pursuant
to section two hundred two-d of this article, WHICH AN AGENCY MAY
REQUIRE TO BE SUBMITTED ON A PETITION FORM IT HAS PROMULGATED, SUCH
AGENCY shall hold at least one public hearing on the rule or rules;
provided, however, that any such petition on a rule which has been
proposed must be received by the agency not later than the [twentieth]
THIRTIETH day before the last date for submission of comments. Any RULE
ISSUED BY THE DEPARTMENT OF HEALTH THAT IS ALSO SUBJECT TO REVIEW BY THE
PUBLIC HEALTH AND HEALTH PLANNING COMMISSION SHALL NOT BE SUBJECT TO THE
PROVISIONS OF THIS SUBDIVISION. ANY agency that receives a petition
after the [twentieth] THIRTIETH day before the last date for submission
of comments and any agency not listed in subdivision four of this
section may elect to hold a hearing upon receipt of a petition. Due
consideration shall be given to any request in a petition that a hearing
be conducted in a particular region.
3. An agency shall not be required to hold a public hearing pursuant
to subdivision two of this section (a) on a rule for which a hearing is
required by law and has been scheduled or held; (b) on a consensus rule;
[or] (c) on a rule defined in subparagraph (ii) of paragraph (a) of
subdivision two of section one hundred two of this chapter; OR (D) A
RULE ADOPTED ON AN EMERGENCY BASIS UNTIL A NOTICE OF PROPOSED RULEMAKING
HAS BEEN ISSUED. When a public hearing has been requested for any rule
described in a regulatory agenda, the agency shall not be required to
schedule a public hearing until such time as the rule is proposed PURSU-
ANT TO THIS CHAPTER.
4. The following agencies shall engage in the reporting provided for
in subdivision one of this section and hold hearings as provided for in
subdivisions two and three of this section: the workers' compensation
board and the departments of education, environmental conservation,
health, financial services, labor and family assistance.
§ 2. Section 3 of a chapter of the laws of 2021, as added by a chap-
ter of the laws of 2021 amending the state administrative procedure act
relating to public hearings on proposed rules, as proposed in legisla-
tive bills numbers S. 155 and A. 6267, is amended to read as follows:
§ 3. This act shall take effect on [the first of] January [next
succeeding the date on which it shall have become a law] 1, 2023, and
shall expire and be deemed repealed on the thirty-first day of December
of the second calendar year following such effective date, and shall
apply to all rules for which a notice of proposed rule making or a
description in a regulatory agenda is published during such time period.
§ 3. This act shall take effect immediately; provided that section one
of this act shall take effect on the same date and in the same manner as
a chapter of the laws of 2021 amending the state administrative proce-
dure act relating to public hearings on proposed rules, as proposed in
legislative bills numbers S. 155 and A. 6267, takes effect.