S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7805
 
                             I N  S E N A T E
 
                             January 11, 2022
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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
   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
 S. 7805                             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.