Bill Text: NY A08408 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the comment period for proposed rules.
Spectrum: Partisan Bill (Democrat 29-1)
Status: (Passed) 2017-12-13 - signed chap.455 [A08408 Detail]
Download: New_York-2017-A08408-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8408 2017-2018 Regular Sessions IN ASSEMBLY June 13, 2017 ___________ Introduced by M. of A. SIMOTAS, ZEBROWSKI, PEOPLES-STOKES, CAHILL, PAULIN, NOLAN, LENTOL, LAVINE, ENGLEBRIGHT, ORTIZ, GALEF -- Multi- Sponsored by -- M. of A. MOSLEY, PHEFFER AMATO, RAIA -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state administrative procedure act, the executive law and the environmental conservation law, in relation to the comment period for proposed rules The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 202 of the state 2 administrative procedure act, as amended by chapter 304 of the laws of 3 2016, is amended to read as follows: 4 (a) Prior to the adoption of a rule, an agency shall submit a notice 5 of proposed rule making to the secretary of state for publication in the 6 state register and shall afford the public an opportunity to submit 7 comments on the proposed rule. Unless a different time is specified by 8 statute, the notice of proposed rule making must appear in the state 9 register at least [forty-five] sixty days prior to either 10 (i) the addition, amendment or repeal of a rule for which statute does 11 not require that a public hearing be held prior to adoption, or 12 (ii) the first public hearing on a proposed rule for which such hear- 13 ing is so required. 14 The notice of proposed rule making shall indicate the last date for 15 submission of comments on the proposed rule, which, unless a different 16 time is specified in statute or this paragraph, shall be not less than 17 [forty-five] sixty days after the date of publication of such notice, 18 or, if statute requires that a public hearing be held prior to adoption, 19 not less than five days after the date of the last public hearing sched- 20 uled to be held on the proposed rule. Notwithstanding any other 21 provision of this paragraph, when the notice of proposed rule making 22 contains only a description of the subject, purpose and substance of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13019-01-7A. 8408 2 1 rule as provided in subparagraph (v) of paragraph (f) of this subdivi- 2 sion, the full text of the proposed rule shall be posted on a website 3 maintained by the agency or another state entity and shall remain posted 4 until such proposed rule is adopted, revised, withdrawn or expires 5 pursuant to this article, except that such web posting shall not be 6 required for any rule defined in subparagraph (ii) of paragraph (a) of 7 subdivision two of section one hundred two of this chapter. 8 § 2. Subdivision 2 of section 101-a of the executive law, as amended 9 by chapter 610 of the laws of 1987, is amended to read as follows: 10 2. Except as provided in subdivision three of this section, at least 11 [forty-five] sixty days prior to either the adoption of any rule, or, if 12 a public hearing is required by statute, at least [forty-five] sixty 13 days prior to the first public hearing on a proposed rule, the agency 14 proposing to take such action shall send a notification of such proposed 15 action to the temporary president of the senate and the speaker of the 16 assembly. This notification shall: (a) refer to the statutory authority 17 under which the action is proposed, (b) give the time and place of any 18 public hearing that may be scheduled concerning the proposed action, or 19 state the manner in which data, views or arguments may be submitted to 20 the agency concerning the proposed action, (c) contain a copy of the 21 complete text of the proposed rule, and (d) contain a fiscal statement 22 setting forth the fiscal consequences of the proposed action on the 23 state and its local governments. 24 § 3. Paragraph a of subdivision 2 of section 3-0301 of the environ- 25 mental conservation law, as amended by chapter 412 of the laws of 2016, 26 is amended to read as follows: 27 a. Adopt, amend or repeal environmental standards, criteria and those 28 rules and regulations having the force and effect of standards and 29 criteria to carry out the purposes and provisions of this act. Any such 30 environmental standard, criterion, rule or regulation or change thereto 31 shall become effective thirty days after being filed with the Secretary 32 of State for publication in the "Official Compilation of Codes, Rules, 33 and Regulations of the State of New York" published pursuant to section 34 [102] one hundred two of the Executive Law. This provision shall not in 35 any way restrict the commissioner in the exercise of any function, power 36 or duty transferred to him or her and heretofore authorized to be exer- 37 cised by any other department acting through its commissioner to promul- 38 gate, adopt, amend or repeal any standards, rules and regulations. No 39 such environmental standards, criterion, rule or regulation or change 40 thereto shall be proposed for approval unless a public hearing relating 41 to the subject of such standard shall be held by the commissioner prior 42 thereto not less than [45] sixty days after date of notice therefor, any 43 provision of law to the contrary notwithstanding. Notice shall be given 44 by public advertisement of the date, time, place and purpose of such 45 hearing. 46 § 4. Subdivision 1 of section 19-0303 of the environmental conserva- 47 tion law, as amended by chapter 412 of the laws of 2016, is amended to 48 read as follows: 49 1. A code, rule or regulation or any amendment or repeal thereof shall 50 not be adopted until after a public hearing within the area of the state 51 concerned. Notice of such hearing shall be given at least [forty-five] 52 sixty days prior to the scheduled date of the hearing by public adver- 53 tisement of the date, time, place and purpose of such hearing. At such 54 hearing, opportunity to be heard by the department with respect to the 55 subject thereof shall be given to the public. A code, rule or regulation 56 or an amendment or repeal thereof shall not become effective until thir-A. 8408 3 1 ty days after certified copies thereof shall have been filed with the 2 secretary of state. Any person heard at such hearing shall be given 3 written notice of the action of the department with respect to the 4 subject thereof. 5 § 5. Section 27-0705 of the environmental conservation law, as amended 6 by chapter 412 of the laws of 2016, is amended to read as follows: 7 § 27-0705. Adoption of rules and regulations; public hearings. 8 A rule or regulation or any amendment or repeal thereof shall not be 9 adopted until after public hearing thereon. Notice of such hearing shall 10 be given at least [forty-five] sixty days prior to the scheduled date of 11 the hearing by public advertisement in the area of the state concerned 12 of the date, time, place and purpose of such hearing. At such hearing, 13 opportunity to be heard shall be given to the public. A rule or regu- 14 lation or an amendment or repeal thereof shall not become effective 15 until sixty days after certified copies thereof shall have been filed 16 with the secretary of state. 17 § 6. Subdivision 1 of section 35-0109 of the environmental conserva- 18 tion law, as amended by chapter 412 of the laws of 2016, is amended to 19 read as follows: 20 1. Notice of public hearing shall be by publication in two newspapers 21 most likely to give notice to the people of this state of such hearings 22 at least once in each of three successive weeks, provided, however, that 23 notice of public hearing shall be given to the manufacturer or manufac- 24 turers of such household cleansing products in writing, whenever practi- 25 cable or in such other form as in the commissioner's judgment will 26 reasonably notify such manufacturer of said hearing. Such hearing shall 27 not be conducted less than [forty-five] sixty days following the date of 28 first publication of notice of such hearing. 29 § 7. Section 37-0105 of the environmental conservation law, as amended 30 by chapter 412 of the laws of 2016, is amended to read as follows: 31 § 37-0105. Rules and regulations. 32 The department is hereby authorized to promulgate rules and regu- 33 lations pertaining to the storage and release to the environment of 34 substances hazardous or acutely hazardous to public health, safety or 35 the environment. Such rules and regulations may require the users of 36 substances which may meet the criteria upon which the lists referred to 37 in paragraphs (a) and (b) of subdivision one of section 37-0103 of this 38 chapter are based to furnish to the department for the public record any 39 information regarding such substances which the said user may have, and 40 the nature and extent of research performed by said user concerning the 41 effects of such substances on human health and the environment. Prior to 42 promulgation of rules and regulations hereunder, public hearings shall 43 be held upon notice in two newspapers in the locality of said public 44 hearings, at least two times per week in each of three successive weeks. 45 Such hearings shall be conducted not less than [forty-five (45)] sixty 46 (60) days following the date of last publication. 47 § 8. This act shall take effect October 1, 2017, and shall apply to 48 all notices of proposed rule making published in the state register and 49 to all notifications sent to the temporary president of the senate and 50 the speaker of the assembly on or after such date.
