S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5615
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2023
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, GUNTHER, STECK, OTIS -- Multi-Spon-
   sored by -- M. of A. COOK, GOODELL, THIELE -- read once  and  referred
   to the Committee on Governmental Operations
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   public petitions for rule making

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state administrative procedure act is amended by adding
 a new section 208 to read as follows:
   § 208. PUBLIC PETITIONS FOR RULE MAKING. 1.  ANY PERSON OR PERSONS MAY
 PETITION  AN  AGENCY  TO REQUEST THE ADOPTION, AMENDMENT, OR REPEAL OF A
 RULE.
   2. A PETITION SHALL MEET THE FOLLOWING MINIMUM REQUIREMENTS:
   (A) THE PETITION SHALL INCLUDE THE FULL NAME AND ADDRESS OF EACH PETI-
 TIONER AND OF ANY ENTITY OR ORGANIZATION WITH WHICH  THE  PETITIONER  IS
 AFFILIATED;  AND  IF  THERE  ARE MULTIPLE PETITIONERS SHALL IDENTIFY THE
 PERSON  TO  WHOM  COMMUNICATIONS  CONCERNING  THE  PETITION  SHOULD   BE
 DIRECTED;
   (B)  THE  TEXT  OF  ANY PROPOSED CHANGES TO THE CURRENT RULES SHALL BE
 SUBMITTED IN A MANNER THAT CLEARLY IDENTIFIES THE WORDS TO BE  ADDED  TO
 OR DELETED FROM THE CURRENT RULES OF THE AGENCY;
   (C)  THE  PETITION  SHALL  IDENTIFY  THE  STATUTORY  AUTHORITY FOR THE
 PROPOSED RULE;
   (D) THE PETITION SHALL INDICATE THE  JUSTIFICATION  FOR  THE  PROPOSED
 RULE, INCLUDING AN IDENTIFICATION OF THE PUBLIC BENEFIT OF THE ADOPTION,
 AMENDMENT OR REPEAL;
   (E) ANY PETITION THAT CONCERNS THE RULES OF MORE THAN ONE AGENCY SHALL
 BE SUBMITTED TO EACH SUCH AGENCY; AND
   (F)  THE  PETITION SHALL BE LIMITED TO ONE RULE OR A RELATED SERIES OF
 RULES AND SHALL NOT CONCERN ANY MATTER WHICH IS THE SUBJECT OF A CURRENT
 NOTICE OF PROPOSED RULE MAKING OR NOTICE OF EMERGENCY ADOPTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06363-01-3
              

 A. 5615                             2
 
   3. AN AGENCY SHALL MAINTAIN A PUBLICLY  AVAILABLE  FILE  OF  PETITIONS
 SUBMITTED TO IT PURSUANT TO THIS SECTION AND SHALL:
   (A)  POST INFORMATION ON ITS WEBSITE ON HOW PETITIONS MAY BE SUBMITTED
 TO THE AGENCY AND HOW THE PUBLIC MAY COMMENT ON SUCH PETITIONS;
   (B) POST A NOTICE WITHIN THIRTY DAYS OF RECEIPT  OF  A  PETITION  THAT
 INCLUDES THE FULL TEXT OR A SUMMARY THEREOF; AND
   (C)  SHALL  POST  WITHIN THIRTY DAYS OF ISSUANCE A WRITTEN DENIAL OF A
 PETITION.
   4. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION,  AN
 AGENCY  SHALL  NOT BE REQUIRED TO TAKE ANY ACTION IN RESPONSE TO A PETI-
 TION, BUT MAY IN ITS DISCRETION PUBLISH A NOTICE OF PROPOSED RULE MAKING
 OR A WRITTEN DENIAL OF A PETITION OR MAY SOLICIT ADDITIONAL INFORMATION,
 THROUGH THE CONDUCT OF PUBLIC HEARINGS OR OTHERWISE, ON THE MERITS OF  A
 PETITION.
   (B)  WITHIN  ONE  HUNDRED EIGHTY DAYS OF RECEIPT OF A PETITION MEETING
 THE REQUIREMENTS OF THIS SECTION THAT HAS BEEN SIGNED BY ONE HUNDRED  OR
 MORE RESIDENTS OF THE STATE, AN AGENCY SHALL EITHER DENY THE PETITION IN
 WRITING,  STATING  ITS REASONS FOR DENIAL, OR ISSUE A NOTICE OF PROPOSED
 RULE MAKING IN ACCORDANCE WITH THIS ARTICLE.   SUCH NOTICE  OF  PROPOSED
 RULE  MAKING  SHALL  INCLUDE  INFORMATION ON THE INITIATING PETITION AND
 SHALL BE SUBMITTED FOR PUBLICATION IN  THE  STATE  REGISTER  WITHIN  TWO
 HUNDRED  SEVENTY  DAYS  OF RECEIPT OF SUCH PETITION. THE AGENCY MAY VARY
 THE TEXT OF THE PROPOSED RULE FROM THE TEXT SUBMITTED WITH THE PETITION.
   (C) DENIAL OF A PETITION ON THE BASIS THAT IT DOES NOT MEET THE  MINI-
 MUM  REQUIREMENTS  OF THIS SECTION DOES NOT PRECLUDE THE SUBMISSION OF A
 NEW PETITION ON THE SAME SUBJECT THAT SEEKS TO CORRECT ANY DEFICIENCIES.
   5. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  LIMIT  OR  MODIFY  THE
 APPLICABILITY OF ANY OTHER PROVISION OF LAW CONCERNING PETITIONS FOR THE
 ADOPTION, MODIFICATION OR REVOCATION OF RULES, INCLUDING BUT NOT LIMITED
 TO  SECTION  THIRTY-SIX-A OF THE AGRICULTURE AND MARKETS LAW AND SECTION
 SIX HUNDRED SEVENTY-SIX OF THE LABOR LAW.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.