S T A T E O F N E W Y O R K
________________________________________________________________________
7607
2021-2022 Regular Sessions
I N S E N A T E
December 15, 2021
___________
Introduced by Sens. O'MARA, MATTERA, HELMING, JORDAN, ORTT -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
AN ACT to amend the state administrative procedure act, in relation to a
state agency adopting emergency regulations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a), (b) and (e) of subdivision 6 of section 202
of the state administrative procedure act, paragraph (a) as added by
chapter 17 of the laws of 1984 and paragraphs (b) and (e) 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
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 EXCEPT WHEN THE
RULE TO BE ADOPTED IS AN EXISTING ADOPTED EMERGENCY REGULATION, IN WHICH
CASE THE AGENCY MAY NOT DISPENSE WITH THE REQUIREMENTS THAT SUCH
READOPTION BE APPROVED BY CONCURRENT RESOLUTION OF THE SENATE AND ASSEM-
BLY.
(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 AN AGENCY DETERMINES THE READOPTION OF SUCH RULE
IS NECESSARY ON AN EMERGENCY BASIS FOR THE PRESERVATION OF THE PUBLIC
HEALTH, SAFETY AND GENERAL WELFARE AND COMPLIANCE WITH THE REQUIREMENTS
OF SUBDIVISION ONE OF THIS SECTION WOULD BE CONTRARY TO THE PUBLIC
INTEREST, THEN THE READOPTION OF SUCH RULE SHALL REQUIRE THE APPROVAL OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14033-01-1
S. 7607 2
THE SENATE AND ASSEMBLY BY CONCURRENT RESOLUTION, AND 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] THIRTY days.
(e) If, prior to the expiration of a rule adopted pursuant to para-
graph (a) of this subdivision, the agency finds that the readoption of
such rule on an emergency basis is necessary for the preservation of the
public health, safety or general welfare, the agency may readopt the
rule on an emergency basis UPON APPROVAL BY THE SENATE AND ASSEMBLY. No
readoption shall be filed with the secretary of state unless the agency
has submitted a notice of proposed rule making pursuant to subdivision
one of this section AND SUCH READOPTION HAS BEEN APPROVED BY THE SENATE
AND THE ASSEMBLY. No second or subsequent readoption shall be filed with
the secretary of state unless the agency at the same time submits an
assessment of public comments prepared pursuant to paragraph (b) of
subdivision five of this section AND SUCH SUBSEQUENT READOPTION HAS BEEN
APPROVED BY THE SENATE AND ASSEMBLY.
§ 2. This act shall take effect immediately.