Provides for more effective review of existing rules; requires more frequent review of certain rules and publication of agencies which fail to review rules; extends certain provisions relating to the state register.
TITLE OF BILL: An act to amend the state administrative procedure act, in relation to the publishing of state agency regulatory agenda and eliminating the exemption granted to the department of environmental conservation relating to the requirement to publish its guidance documents; to amend chapter 402 of the laws of 1994, amending the state administrative procedure act relating to requiring certain agencies to submit regulatory agendas for publication in the state register, in relation to eliminating the expiration and repeal of such provisions; to repeal subdivision 3 of section 202-e of the state administrative procedure act relating to exemption from the requirement to publish guidance documents; and providing for the repeal of certain provisions upon expiration thereof
PURPOSE: To update the provisions of the Regulatory Agenda as it relates to electronic communication with state agencies and to simplify its language to facilitate state agency use of the regulatory agenda provisions of state administrative procedure act (SAPA) section 202-d. To update the provisions related to public availability of state agency guidance documents.
SUMMARY OF PROVISIONS:
Section 1: Amends SAPA section 202-d to modernize the provisions related to publishing state agency regulatory agendas. This provision was added to make it easier for state agencies to file regulatory agendas, and hopefully, this will encourage more state agencies to file such regulatory agendas more frequently.
Section 2: Amends SAPA section 202-e (1) to include the Department of Environmental Conservation as an agency that must submit a list of all guidance documents that it uses or relies upon and where such documents can be obtained.
Section 3: Amends SAPA section 202-e (3) to repeal this provision of law as it relates to the publication of guidance documents.
Section 4: Amends Chapter 402 of the Laws of 1994 which relates to the expiration of SAPA section 202-d related to regulatory agendas. This bill modernizes this provision and extends it to 2016.
JUSTIFICATION: Neither the provisions of SAPA section 202-d (regulatory agenda) nor the provisions of SAPA section 202-e (availability of guidance documents to the public) have been systematically reviewed and modernized since these laws were first adopted in 1994. This bill modernizes these provisions to facilitate state agency use of these provisions of law and to incorporate new electronic forms of communication to comment on such rules.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 6447 IN SENATE February 9, 2012 ___________Introduced by Sens. CARLUCCI, KLEIN, SAVINO, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business AN ACT to amend the state administrative procedure act, in relation to the publishing of state agency regulatory agenda and eliminating the exemption granted to the department of environmental conservation relating to the requirement to publish its guidance documents; to amend chapter 402 of the laws of 1994, amending the state administra- tive procedure act relating to requiring certain agencies to submit regulatory agendas for publication in the state register, in relation to eliminating the expiration and repeal of such provisions; to repeal subdivision 3 of section 202-e of the state administrative procedure act relating to exemption from the requirement to publish guidance documents; and providing for the repeal of certain 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 202-d of the state administrative procedure act, as amended by chapter 193 of the laws of 2008, paragraph (d) as amended by section 6 of part O of chapter 60 of the laws of 2011, is amended to read as follows: 1. (a) The departments of health, education,
[insurance]FINANCIAL SERVICES, environmental conservation, labor, [banking,]agriculture and markets, motor vehicles and state, the offices of children and family services and temporary and disability assistance, [and]the division of housing and community renewal, and the workers' compensation board and any other department specified by the governor or his OR HER designee shall, and any other agency may, in its discretion, submit to the secre- tary of state, for publication in the first regular issue of the state register published during the month of January and the last regular issue of the state register published in June, a regulatory agenda to [afford the agency an opportunity to]solicit comments FROM REGULATED PERSONS AND THE GENERAL PUBLIC concerning any rule which the agency is considering [proposing]TO PROPOSE, but for which no notice of proposedEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14077-02-2 S. 6447 2
rule making has been submitted pursuant to subdivision one of section two hundred two of this article. (b) A regulatory agenda shall be comprised of: (I) a
[list and]brief description of THE subject matter THAT IS being considered for A rule making; (II) A SCHEDULE OF THE DATES FOR PUBLIC HEARINGS, MEETINGS OR OTHER OPPORTUNITIES FOR PUBLIC PARTICIPATION IN THE DEVELOPMENT OF SUCH RULE; (III) A PROBABLE DATE OR TIME FRAME IN WHICH SUCH RULE MAY BE FILED AS A PROPOSED RULE; and (IV) the name, public office, address [and], telephone number AND E-MAIL ADDRESS of the agency representative, knowledgeable on such regulatory agenda, from whom any information may be obtained and to whom written comments may be submitted concerning such regulatory agenda. [An e-mail address for requests for information and submission of comments may also be included.](c) Agencies shall publish the regulatory agendas AND INFORMATION RELATED TO SUCH AGENDAS on their respective websites [whenever feasi- ble]. An agency that publishes its regulatory agenda on its website [shall have the option of maintaining a]MAY continuously MAINTAIN AN updated regulatory agenda ON SUCH WEBSITE, wherein a description of a rule is added when the agency begins to consider proposing [it]SUCH A RULE and is removed when the agency is no longer considering [proposing it]TO PROPOSE SUCH A RULE. Such description shall identify the date on which the description is first listed in the regulatory agenda and shall conspicuously indicate that the description has been newly listed for a period of not less than thirty days after such date. In any year that an agency maintains a continuously updated regulatory agenda, it shall not be required to publish a regulatory agenda in the last regular issue of the state register in June. The agency shall inform the public that it maintains an updated regulatory agenda on its website and shall list the address of its website in a notice published with the regulatory agenda such agency submits for publication in January. The secretary of state shall republish this notice in the last regular issue in June. (d) An agency [shall identify each rule described]in PREPARING its regulatory agenda [for which a regulatory flexibility analysis or a rural area flexibility analysis may be required, and]shall provide outreach INFORMATION as IS appropriate to INFORM potentially affected small businesses, local governments and public and [private interests]ALL OTHER REGULATED PERSONS, INCLUDING THOSE LOCATED in rural areas. Such outreach EFFORTS may include solicitation of input from potentially affected parties through electronic means or through any of the activ- ities listed in subdivision six of section two hundred two-b and subdi- vision seven of section two hundred two-bb of this article. S 2. Subdivision 1 of section 202-e of the state administrative proce- dure act, as amended by chapter 253 of the laws of 2005, is amended to read as follows: 1. Not less than once each year, every agency shall submit to the secretary of state for publication in the state register a list of all guidance documents on which the agency currently relies, and provide information on where and how regulated parties and members of the public may inspect and obtain copies of any such document [; provided, however, that the department of environmental conservation shall be exempt from the requirements of this subdivision]. Unless otherwise provided for by law, an agency may make such documents available as provided in the freedom of information law, and may charge fees pursuant to such law for copies of any such document. S 3. Subdivision 3 of section 202-e of the state administrative proce- dure act is REPEALED.S. 6447 3
S 4. Section 2 of chapter 402 of the laws of 1994, amending the state administrative procedure act relating to requiring certain agencies to submit regulatory agendas for publication in the state register, as amended by chapter 193 of the laws of 2008, is amended to read as follows: S 2. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law
[and shall expire and be deemed repealed on December 31, 2012, and upon such date the provisions of subdivisions 1 and 2 of section 202-d of the state administrative procedure act as amended by section one of this act shall revert to and be read as set out in law on the date immediately preced- ing such effective date]. S 5. This act shall take effect immediately and the amendments to subdivision 1 of section 202-d of the state administrative procedure act, made by section one of this act, shall expire and be deemed repealed 4 years after such effective date, and upon such date such subdivision shall revert to and be read as set out in law on the date immediately preceding such effective date.