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A08796 Summary:

BILL NOA08796
 
SAME ASSAME AS S07805
 
SPONSORMamdani
 
COSPNSR
 
MLTSPNSR
 
Amd 202-f, St Ad Proc Act; amd 3, Chap of 2021 (as proposed in S.155 & A.6267)
 
Relates to public hearings on proposed rules; carves out specific procedures for public hearings for certain entities; changes the effective date to January 1, 2023.
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A08796 Actions:

BILL NOA08796
 
01/12/2022referred to governmental operations
01/25/2022reported
01/27/2022advanced to third reading cal.344
01/31/2022substituted by s7805
 S07805 AMEND= GIANARIS
 01/11/2022REFERRED TO RULES
 01/18/2022ORDERED TO THIRD READING CAL.171
 01/26/2022PASSED SENATE
 01/26/2022DELIVERED TO ASSEMBLY
 01/26/2022referred to governmental operations
 01/31/2022substituted for a8796
 01/31/2022ordered to third reading cal.344
 02/14/2022ruling of chair on point of order
 02/14/2022passed assembly
 02/14/2022returned to senate
 02/24/2022DELIVERED TO GOVERNOR
 02/24/2022SIGNED CHAP.116
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A08796 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8796
 
SPONSOR: Mamdani
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to make amendments to Chapter 801 of the Laws of 2021.   SUMMARY OF PROVISIONS: This chapter amendment makes technical amendments to the chapter that would adjust the number of petitions required to hold a hearing on a regulation and the effective date of the chapter.   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. Many other states require agencies to hold public hearings on proposed rules if the public so requests, including California (request of any interested person), Arizona (request of any 5 persons), Utah (request of 10 persons) and Idaho, Illinois and New Hampshire (request of any 25 persons). States and Federal agencies which are subject to petition requirements do not report any major increase in workload or any signif- icant 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 sufficient 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.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: 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 procedure act relating to public hearings on proposed rules, as proposed in legis- lative bills numbers S.155 and A.6267, takes effect.
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A08796 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8796
 
                   IN ASSEMBLY
 
                                    January 12, 2022
                                       ___________
 
        Introduced  by M. of A. MAMDANI -- read once and referred to the Commit-
          tee on Governmental Operations
 
        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:
 
     1    Section 1. Section 202-f of the state administrative procedure act, as
     2  added by a chapter of the laws of 2021 amending the state administrative
     3  procedure act relating to public hearings on proposed rules, as proposed
     4  in  legislative bills numbers  S. 155 and A. 6267, is amended to read as
     5  follows:
     6    § 202-f. Public hearings. 1. Whenever a public hearing is  held  on  a
     7  proposed  rule  pursuant  to  this chapter, unless otherwise provided in
     8  law, an agency is authorized to utilize innovative techniques to enhance
     9  public participation in rule making, including but not limited to allow-
    10  ing the public to ask questions of agency personnel  for  a  portion  of
    11  such hearing, organizing such hearing as a roundtable discussion, sched-
    12  uling  an  evening  or  weekend hearing, and using digital, broadcasting
    13  and/or teleconferencing technologies; provided, however,  that  no  such
    14  innovative  techniques  shall  be  used in a manner which diminishes the
    15  ability which members of the public would otherwise have to  comment  on
    16  the proposed rule at a public hearing. Each agency listed in subdivision
    17  four  of  this  section  shall, and any other agency may, include in its
    18  annual report a description and analysis of its use of innovative  tech-
    19  niques pursuant to this subdivision.
    20    2. Except as provided in subdivision three of this section, [any agen-
    21  cy  listed  in  subdivision  four of this section which receives] if the
    22  workers' compensation board, the state education department, the depart-
    23  ment of financial services, the department of labor, or  the  office  of
    24  temporary and disability assistance receive a petition subscribed by not
    25  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

        A. 8796                             2
 
     1  state, or if the department of health  or  department  of  environmental
     2  conservation  receive  a  petition  subscribed  by  not fewer than seven
     3  hundred fifty persons residing in this state, requesting a public  hear-
     4  ing on any rule or rules which have been proposed by the agency, or have
     5  been described in the regulatory agenda submitted by the agency pursuant
     6  to  section  two  hundred  two-d  of  this  article, which an agency may
     7  require to be submitted on a petition  form  it  has  promulgated,  such
     8  agency  shall  hold  at  least  one public hearing on the rule or rules;
     9  provided, however, that any such petition  on  a  rule  which  has  been
    10  proposed  must  be received by the agency not later than the [twentieth]
    11  thirtieth day before the last date for submission of comments. Any  rule
    12  issued by the department of health that is also subject to review by the
    13  public health and health planning commission shall not be subject to the
    14  provisions  of  this  subdivision.  Any  agency that receives a petition
    15  after the [twentieth] thirtieth day before the last date for  submission
    16  of  comments  and  any  agency  not  listed  in subdivision four of this
    17  section may elect to hold a hearing upon  receipt  of  a  petition.  Due
    18  consideration shall be given to any request in a petition that a hearing
    19  be conducted in a particular region.
    20    3.  An  agency shall not be required to hold a public hearing pursuant
    21  to subdivision two of this section (a) on a rule for which a hearing  is
    22  required by law and has been scheduled or held; (b) on a consensus rule;
    23  [or]  (c)  on  a  rule  defined in subparagraph (ii) of paragraph (a) of
    24  subdivision two of section one hundred two of this  chapter;  or  (d)  a
    25  rule adopted on an emergency basis until a notice of proposed rulemaking
    26  has  been  issued. When a public hearing has been requested for any rule
    27  described in a regulatory agenda, the agency shall not  be  required  to
    28  schedule a public hearing until such time as the rule is proposed pursu-
    29  ant to this chapter.
    30    4.  The  following agencies shall engage in the reporting provided for
    31  in subdivision one of this section and hold hearings as provided for  in
    32  subdivisions  two  and  three of this section: the workers' compensation
    33  board and the  departments  of  education,  environmental  conservation,
    34  health, financial services, labor and family assistance.
    35    §  2. Section  3 of a chapter of the laws of 2021, as added by a chap-
    36  ter of the laws of 2021 amending the state administrative procedure  act
    37  relating  to  public hearings on proposed rules, as proposed in legisla-
    38  tive bills numbers  S. 155 and A. 6267, is amended to read as follows:
    39    § 3. This act shall take  effect  on  [the  first  of]  January  [next
    40  succeeding  the  date  on which it shall have become a law] 1, 2023, and
    41  shall expire and be deemed repealed on the thirty-first day of  December
    42  of  the  second  calendar  year following such effective date, and shall
    43  apply to all rules for which a notice  of  proposed  rule  making  or  a
    44  description in a regulatory agenda is published during such time period.
    45    § 3. This act shall take effect immediately; provided that section one
    46  of this act shall take effect on the same date and in the same manner as
    47  a  chapter  of the laws of 2021 amending the state administrative proce-
    48  dure act relating to public hearings on proposed rules, as  proposed  in
    49  legislative bills numbers S. 155 and A.  6267, takes effect.
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