2019 New York Laws
SAP - State Administrative Procedure Act
Article 2 - Rule Making
202-D - Regulatory Agenda.
§ 202-d. Regulatory agenda. * 1. ** (a) The departments of health, education, environmental conservation, financial services, labor, agriculture and markets, motor vehicles and state, the offices of children and family services and temporary and disability assistance, the division of housing and community renewal, the state gaming commission, the office of mental health, the office for people with developmental disabilities and the workers' compensation board, and any other department or agency specified by the governor or his or her designee shall, and any other agency may, in its discretion, submit to the secretary of state, for publication in any regular issue of the state register published during the month of January, a regulatory agenda to solicit comments concerning any rule which the agency is considering to propose, but for which no notice of proposed rule making has been submitted pursuant to subdivision one of section two hundred two of this article. ** NB Effective until March 19, 2020 ** (a) The departments of health, education, environmental conservation, financial services, labor, agriculture and markets, motor vehicles and state, the offices of children and family services and temporary and disability assistance, the division of housing and community renewal, the state gaming commission, the office of mental health, the office for people with developmental disabilities and the workers' compensation board, and any other department or agency specified by the governor or his or her designee shall, and any other agency may, in its discretion, submit in writing or electronically in accordance with article three of the state technology law to the secretary of state, for publication in any regular issue of the state register published during the month of January, a regulatory agenda to solicit comments concerning any rule which the agency is considering to propose, but for which no notice of proposed rule making has been submitted pursuant to subdivision one of section two hundred two of this article. ** NB Effective March 19, 2020(b) A regulatory agenda shall be comprised of a list and brief description of subject matter being considered for rule making and the name, public office, address, e-mail address and telephone number of the agency representative, knowledgeable on such regulatory agenda, from whom any information may be obtained, including any draft version of a potential rule that an agency is making publicly available, and to whom written comments may be submitted concerning such regulatory agenda.
(c) Agencies shall publish the regulatory agendas and information related to such agendas on their respective websites. An agency may update the regulatory agenda on its website by adding a description of a rule which the agency has begun to consider proposing after publication of its regulatory agenda in the state register. 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. Updating a regulatory agenda on its website shall not require an agency to submit any additional information for publication in the state register related to such update.
(d) An agency shall identify each rule described in its regulatory agenda for which a regulatory flexibility analysis or a rural area flexibility analysis may be required, and shall provide outreach as appropriate to potentially affected small businesses, local governments and public and private interests in rural areas. Such outreach may include solicitation of input from potentially affected parties through electronic means or through any of the activities listed in subdivision six of section two hundred two-b and subdivision seven of section two hundred two-bb of this article. * NB Effective until December 31, 2020 * 1. An agency may, in its discretion, submit in writing or electronically in accordance with article three of the state technology law to the secretary of state, for publication in the first regular issue of the state register published during the months of January, May and September, a regulatory agenda to afford the agency an opportunity to solicit comments concerning any rule which the agency is considering proposing, but for which no notice of proposed rule making has been submitted pursuant to subdivision one of section two hundred two of this article. A regulatory agenda shall be comprised of summaries of such rules. Each summary shall, in less than two thousand words, contain, in so far as practicable:
(a) a description of the rule which the agency is considering;
(b) a citation to the statutory authority, including particular sections and subdivisions, which authorizes the rule;
(c) a schedule of the dates for hearings, meetings or other opportunities for public participation in the development of the rule, if any;
(d) the probable date on which the agency anticipates submitting, pursuant to section two hundred two of this chapter, a notice of proposed rule making for such rule if known;
(e) the name, public office, address and telephone number of the agency representative, knowledgeable on such rule, from whom any information may be obtained and to whom written comments may be submitted concerning such rule; and
(f) any other information which the agency determines will serve the public interest. * NB Effective December 31, 2020 * 2. Nothing in this section shall:
(a) preclude an agency from adopting a rule for which a summary has not appeared in a regulatory agenda or from adopting a rule different than one summarized in a regulatory agenda; provided, however, that if a rule is proposed by an agency required to submit a regulatory agenda pursuant to subdivision one of this section on a matter not included in a regulatory agenda, the proposing agency shall indicate in the notice of proposed rule making that the rule was not under consideration at the time the regulatory agenda was submitted for publication; or
(b) require an agency to adopt a rule for which a summary has appeared in a regulatory agenda. * NB Effective until December 31, 2020 * 2. Nothing in this section shall:
(a) preclude an agency from adopting a rule for which a summary has not appeared in a regulatory agenda or from adopting a rule different than one summarized in a regulatory agenda; or
(b) require an agency to adopt a rule for which a summary has appeared in a regulatory agenda. * NB Effective December 31, 2020 3. The secretary of state shall adopt rules necessary for the publication of regulatory agendas, including but not limited to standard forms to be used for the submission of regulatory agendas, a schedule prescribing when such agendas must be submitted for publication, and any identification number system.
