NY State Senate Bill S155

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2021	approval memo.152 signed chap.801
Dec 20, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.716 substituted for a6267
Mar 16, 2021	referred to governmental operations delivered to assembly passed senate
Jan 25, 2021	advanced to third reading
Jan 20, 2021	2nd report cal.
Jan 19, 2021	1st report cal.121
Jan 06, 2021	referred to commerce, economic development and small business

Votes

view votes

Mar 16, 2021 - floor Vote

S155

floor

Aye

Nay

Absent

Excused

Abstained

Jan 19, 2021 - Commerce, Economic Development and Small Business committee Vote

S155

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: Jan 19, 2021

aye (7)

aye wr (2)

Co-Sponsors

S155 (ACTIVE) - Details

See Assembly Version of this Bill:: A6267
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §102, add §202-f, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8431
2011-2012: S1967, A1648
2013-2014: S589, A142
2015-2016: S2384, A5829
2017-2018: S2397, A6454, A9737
2019-2020: S1265, A6859

S155 (ACTIVE) - Summary

Authorizes the use of innovative techniques to enhance public participation in the rule making process; provides that use of such techniques shall in no way otherwise diminish public participation in the rule making process; establishes a three year pilot project for seven major regulatory agencies to hold public hearings upon petition of 125 or more New York residents.

S155 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S155

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the state administrative procedure act, in relation to
public hearings on proposed rules; and providing for the repeal of such
provisions upon expiration thereof

 
PURPOSE:

This bill enhances the ability of the public to participate more mean-
ingfully in the rule-making process by permitting agencies to use inno-
vative techniques in organizing public hearings on proposed rules, and
establishes a 3-year pilot project for seven major regulatory agencies
to hold public hearings upon petition of 125 or more New York residents.

 
SUMMARY OF PROVISIONS:

Subdivision 1 of section 102 of the State Administrative Procedure Act
(SAPA), as amended by section 155 of subpart B of part C of chapter 62

of the laws of 2011, is amended to include the Workers Compensation
Board as an "agency" for purposes of implementing the new hearing
provisions added by the bill. A new Section 202-f is added to SAPA
authorizing agencies that hold hearings on proposed rules under SAPA to
use innovative means to enhance public participation in rule making,
such as:

-designating a segment of time for agency personnel;

-organizing hearings as roundtable weekend hearings; and the public to
address questions to discussions; scheduling evening or

-using broadcast and teleconferencing technologies.

Agencies may include in their annual reports an analysis of the innova-
tive techniques used to enhance participation. Such techniques shall not
be used in a manner that will result in the diminished ability of the
public to comment on the proposed rule at the public hearing.

Section 202-f also requires those agencies which are listed in subdivi-
sion 4 to hold public hearings on proposed rules when they receive writ-
ten petitions from 125 or more people residing in New York State,
provided a sufficient petition is received not later than the 20th day
before the last date for public comment. Agencies which receive
petitions after such date and agencies which are not listed in subdivi-
sion 4 of S202-f have the option of holding a public hearing pursuant to
such petitions. Agencies are required to give due consideration to
requests that a hearing be held in a particular region.

Agencies are not required to hold public hearings for rules for which a
hearing is required by law but has already been scheduled or held, or
for consensus rules or rules related to rate-makings. Subdivision 4 of
Section 202-f specifies that the following agencies are required on a
pilot basis to hold hearings upon receipt of petitioner the Workers'
Compensation Board and the Departments of Education, Environmental
Conservation, Health, Financial Services, Labor and Family Assistance.

 
EXISTING LAW:
Currently, SAPA does not contain any provisions concerning petitions for
public hearings on proposed rules, nor does it contain any authorization
or encouragement for the utilization by agencies of innovative hearing
techniques.

 
JUSTIFICATION:

If the rules adopted by state agencies are to have minimal burdens and
maximum effectiveness from the public's perspective, it is crucial that
every effort be made to solicit and consider the views of the public in
developing rules. Public hearings are one effective means of doing so.
This bill would enhance their effectiveness as a tool for public partic-
ipation. Both the business community and agency personnel have reported
that, in many cases, there are alternatives which are preferable to the
standard model of a public hearing, which involves limited interaction
between agencies and the public.  A Federal National Performance Review
report recommended that one way to improve regulatory systems at the
Federal level was to encourage the use of innovative hearing techniques
by Federal agencies. This bill would provide for the same improvements
in hearings required under the State Administrative Procedure Act.

The bill also creates a pilot project whereby seven of the most active
regulatory agencies would be required to hold a hearing if requested to
do so by 125 or more persons. This will provide an additional way of
enhancing public participation by ensuring that these agencies receive
additional public input when a rule is of significant concern to the
public.

The 1981 Model State Administrative Procedure Act recommends that states
provide for public hearings if requested by the public. States and
Federal agencies which are subject to petition requirements do not
report any major increase in workload or any significant difficulties
with this process. However, the effectiveness of the pilot project would
be subject to evaluation after some experience has been gained with the
operation of such a process in New York State.  This legislation passed
both houses in 2008, but was vetoed by the Governor, citing "technical
flaws." Language has been included in this bill to address these
concerns, by explicitly including the Workers' Compensation Board within
the bill's ambit and by making the scheduling of any hearing optional if
the agency does not receive a petition in a timely manner. The veto
message also stated that current opportunities for comment were suffi-
cient to the extent that the public agrees, the petition process would
be used sparingly and have little cost impact.

However, if the public feels that a hearing is necessary on a particular
rule, the potential cost savings from policy improvements would likely
outweigh any minimal hearing costs.

 
LEGISLATIVE HISTORY:

2020:Passed Senate, Died in Assembly
2019:Passed Senate, Died in Assembly
2018:Passed Senate, Died in Assembly
2017:Died in Commerce, Economic DevelopmentandSmallBusiness
2016:Died in Commerce, Economic DevelopmentandSmallBusiness
2015:Died in Commerce, Economic DevelopmentandSmallBusiness
2014:in Senate Commerce, Economic Development and Small Business Commit-
tee
2012: - Died in Senate Commerce, Economic Development and Small Business
Committee

 
FISCAL IMPLICATIONS:

No costs would be incurred unless a timely petition for a public hearing
is received. Savings could accrue to agencies that avail themselves of
innovative, cost-effective techniques.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
The bill will take effect on the first of January succeeding the date of
enactment and shall expire on the thirty-first day of December of the
second calendar year following such effective date.

S155 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    155
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. GIANARIS, ADDABBO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Commerce, Econom-
   ic Development and Small Business
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   public hearings on proposed rules; and providing  for  the  repeal  of
   such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 102 of  the  state  administrative
 procedure act, as amended by section 155 of subpart B of part C of chap-
 ter 62 of the laws of 2011, is amended to read as follows:
   1. "Agency" means any department, board, bureau, commission, division,
 office,  council, committee or officer of the state, or a public benefit
 corporation or public  authority  at  least  one  of  whose  members  is
 appointed  by  the  governor, authorized by law to make rules or to make
 final decisions in adjudicatory proceedings but shall  not  include  the
 governor,  agencies  in  the legislative and judicial branches, agencies
 created by interstate compact or international agreement,  the  division
 of  military  and naval affairs to the extent it exercises its responsi-
 bility for military and naval affairs, the division of state police, the
 identification and intelligence unit of the division of criminal justice
 services, the state insurance fund, the  unemployment  insurance  appeal
 board, and except for purposes of subdivision one of section two hundred
 two-d  AND  SECTION  TWO  HUNDRED  TWO-F  of  this chapter, the workers'
 compensation board and except for purposes of article two of this  chap-
 ter, the department of corrections and community supervision.
   § 2. The state administrative procedure act is amended by adding a new
 section 202-f 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03263-01-1

 S. 155                              2
 
 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 BROADCASTING AND TELECON-
 FERENCING TECHNOLOGIES; PROVIDED, HOWEVER, THAT NO SUCH INNOVATIVE TECH-
 NIQUES  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 TECHNIQUES PURSUANT TO
 THIS SUBDIVISION.
   2. EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, ANY AGENCY
 LISTED IN SUBDIVISION FOUR OF THIS SECTION  WHICH  RECEIVES  A  PETITION
 SUBSCRIBED BY NOT FEWER THAN ONE HUNDRED TWENTY-FIVE PERSONS RESIDING IN
 THIS  STATE  REQUESTING A PUBLIC HEARING 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, 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  TWENTI-
 ETH DAY BEFORE THE LAST DATE FOR SUBMISSION OF COMMENTS. ANY AGENCY THAT
 RECEIVES  A  PETITION  AFTER  THE TWENTIETH 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 SUBDI-
 VISION  TWO  OF  SECTION  ONE HUNDRED TWO OF THIS CHAPTER. WHEN A PUBLIC
 HEARING HAS BEEN REQUESTED FOR ANY RULE DESCRIBED IN A REGULATORY  AGEN-
 DA,  THE AGENCY SHALL NOT BE REQUIRED TO SCHEDULE A PUBLIC HEARING UNTIL
 SUCH TIME AS THE RULE IS PROPOSED.
   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.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date on which it shall have become a law, 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.

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The New York State Senate

senate Bill S155

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Mar 16, 2021 - floor Vote

Floor Vote: Mar 16, 2021

Jan 19, 2021 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: Jan 19, 2021

Co-Sponsors

S155 (ACTIVE) - Details

S155 (ACTIVE) - Summary

S155 (ACTIVE) - Sponsor Memo

S155 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S155

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Sponsored By

Michael Gianaris

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Mar 16, 2021 - floor Vote

Floor Vote: Mar 16, 2021

Jan 19, 2021 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: Jan 19, 2021

Co-Sponsors

Joseph P. Addabbo Jr

Rachel May

S155 (ACTIVE) - Details

S155 (ACTIVE) - Summary

S155 (ACTIVE) - Sponsor Memo

S155 (ACTIVE) - Bill Text download pdf

Comments