Requires that documentation of statutory authority accompany proposed rules prior to the public comment period

4 Co-sponsors

• John A. DeFrancisco
• Hugh T. Farley
• Terrence P. Murphy
• James L. Seward

BILL NUMBER:S1192

Title of bill

An act to amend the legislative law and the state administrative procedure act, in relation to requiring documentation establishing statutory authority prior to the adoption of a rule

Purpose

This bill seeks to amend sections 87 and 88 of the Legislative Law and section 202 of the State Administrative Procedure Act to ensure that the Administrative Regulations Review Commission (ARRC) has had an opportunity to review proposed state agency rules and regulations, prior to the public comment period, to ensure that such proposed rules and regulations are consistent with constitutional and statutory authority

Summary of provisions

Section 1 of the bill seeks to amend section 87 of the Legislative Law to add a new sub-section 3 which would require that proposed rules, along with documentation establishing the statutory authority, be provided to ARRC at the beginning of the public comments period so that ARRC may review same to ascertain that such rules are consistent with constitutional and statutory authority. This section would also add a new sub-section 5 which would give ARRC standing to challenge any agency rule that ARRC determines exceeds the agency's authority through a proceeding brought under Article 78 of the Civil Practice Law & Rules

Section 2 amends section 88 of Legislative Law to add a new subsection 2 to permit ARRC to publish its findings and recommendations with respect to proposed rules or regulations on its website or otherwise.

Sections 3 of the bill amends section 202 of the State Administrative Procedure Act to provide that proposed regulations and accompanying documentation establishing statutory authority for promulgation shall be provided to ARRC prior to the adoption of such rule or regulation.

Existing law

Section 87 of the Legislative Law was enacted in 1978, with only minor revisions since. There is currently no provision requiring agencies to provide their proposed rules and documentation of statutory authority to ARRC at the beginning of the public comment period. Section 88 was enacted in 1990 and currently contains no provision permitting ARRC to publish its findings and recommendations on proposed rules and regulations. Section 202 of the State Administrative Procedure Act currently has no requirement that proposed rules and documentation of statutory authority be provided ARRC prior to the adoption of such rules.

Justification

Since the enactment of sections 87 and 88 of the Legislative Law and section 202 of the State Administrative Procedure Act, agency rulemaking has added to the complexity of state government Agency rulemaking should be based on legislative grants of authority and should accurately reflect the will of the legislature. This legislation seeks to ensure that agency rules are in fact based on valid grants of legislative authority whether that be in the state constitution or other state law.

Legislative history

S5161/ A7937 of 2013, passed Senate

Effective date

Immediately