What's happening
This bill allows the public to formally petition state agencies in New York to adopt, change, or repeal regulations, with required agency procedures for handling such petitions.
Why it matters
Empowers citizens and organizations to directly engage with state regulatory processes. by enabling anyone to formally petition for the adoption, amendment, or repeal of agency rules, potentially increasing government responsiveness to public concerns.
Creates a standardized, transparent petition process. including requirements for petitioner identification, justification of proposals, and clarity about rule changes—which may help ensure petitions are substantive and genuine, while making the process accessible and understandable.
Requires agencies to provide public visibility into rulemaking petitions. by posting submissions, summaries, and denials online, making it easier for the public to monitor, comment on, and participate in the regulatory process.
Mandates agency action on petitions with broad public support (100+ signers),. ensuring petitions with significant backing receive a timely, written response or trigger a formal rulemaking process, thus giving collective public input greater influence on agency priorities.
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Who cares
New York residents seeking rule changes
A qualifying petition signed by at least 100 state residents would require an agency to deny it with written reasons or issue a proposed rule within 180 days.
State rule-making agencies
Agencies would have to maintain publicly available petition files, post submission and comment instructions, and publish petition notices and written denials within specified deadlines.
Advocacy organizations and regulated businesses
The bill would provide a process to seek adoption, amendment or repeal of rules, requiring petitioners to identify organizational affiliations, statutory authority and the proposed public benefit.
Headline styles
Let Public Petition Rule Changes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported and committed to rules
- Referred to commerce, economic development and small business
- Referred to commerce, economic development and small business
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Public Petition Rule Changes
In Assembly Committee · Governmental Operations · Sponsor Kenneth Zebrowski
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5792
2017-2018 Regular Sessions
IN SENATE
May 1, 2017
Introduced by Sen. JACOBS -- 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 public petitions for rule making
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The state administrative procedure act is amended by adding a new section 208 to read as follows:
§ 208. Public petitions for rule making. 1. Any person or persons may petition an agency to request the adoption, amendment, or repeal of a rule.
2. A petition shall meet the following minimum requirements:
(a) the petition shall include the full name and address of each petitioner and of any entity or organization with which the petitioner is affiliated; and if there are multiple petitioners shall identify the person to whom communications concerning the petition should be directed;
(b) the text of any proposed changes to the current rules shall be submitted in a manner that clearly identifies the words to be added to or deleted from the current rules of the agency;
(c) the petition shall identify the statutory authority for the proposed rule;
(d) the petition shall indicate the justification for the proposed rule, including an identification of the public benefit of the adoption, amendment or repeal;
(e) any petition that concerns the rules of more than one agency shall be submitted to each such agency; and
(f) the petition shall be limited to one rule or a related series of rules and shall not concern any matter which is the subject of a current notice of proposed rule making or notice of emergency adoption.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02220-01-7
S. 5792 2
3. An agency shall maintain a publicly available file of petitions submitted to it pursuant to this section and shall:
(a) post information on its website on how petitions may be submitted to the agency and how the public may comment on such petitions;
(b) post a notice within thirty days of receipt of a petition that includes the full text or a summary thereof; and
(c) shall post within thirty days of issuance a written denial of a petition.
4. (a) Except as provided in paragraph (b) of this subdivision, an agency shall not be required to take any action in response to a petition, but may in its discretion publish a notice of proposed rule making or a written denial of a petition or may solicit additional information, through the conduct of public hearings or otherwise, on the merits of a petition.
(b) Within one hundred eighty days of receipt of a petition meeting the requirements of this section that has been signed by one hundred or more residents of the state, an agency shall either deny the petition in writing, stating its reasons for denial, or issue a notice of proposed rule making in accordance with this article. Such notice of proposed rule making shall include information on the initiating petition and shall be submitted for publication in the state register within two hundred seventy days of receipt of such petition. The agency may vary the text of the proposed rule from the text submitted with the petition.
(c) Denial of a petition on the basis that it does not meet the minimum requirements of this section does not preclude the submission of a new petition on the same subject that seeks to correct any deficiencies.
5. Nothing in this section shall be deemed to limit or modify the applicability of any other provision of law concerning petitions for the adoption, modification or revocation of rules, including but not limited to section thirty-six-a of the agriculture and markets law and section six hundred seventy-six of the labor law.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the state administrative procedure act, in relation to public petitions for rule making
Purpose
This bill would establish a formal process for the public to petition state agencies for the adoption, amendment or repeal of rules, including a required agency response when a petition is signed by 100 or more New York residents.
Summary of provisions
Bill § 1 adds a new § 208 to the State Administrative Procedure Act (SAPA) that sets forth a process for the public to seek adoption, repeal or other changes in state agency rules. A petition must meet minimum requirements, including:
-identifying petitioners by name and address;
-setting forth the text of the rule to be changed or adopted; and
-indicating the authority and justification for the change, including the public benefit.
An agency shall maintain a publicly available file of petitions it receives and shall post information on its website on the process for submitting petitions and comments on the same, the text or summary of each petition received and any written denials issued on petitions.
No specific action is required on a petition unless it is the subject of substantial public interest, as indicated by the signatures of 100 or more New York State residents. Such petitions must either be denied in writing within 180 days of receipt or a notice of proposed rule making must be issued within 270 days of such receipt.
Existing law
This bill establishes a new petition process in SAPA, and is not intended to limit or modify other statutory provisions regarding petitions for rules, such as Agriculture & Markets Law § 36-a and Labor Law § 676.
Justification
In the United States of America, we expect the government to be "of the people, by the people, for the people." For many years, the Federal Administrative Procedure Act has required agencies to accept public petitions for rule changes. Various forms of this requirement can be found in the administrative rulemaking statutes of other states, as well as the New York City Charter. New Yorkers could also benefit from a process that allows them to request changes to the rules and regulations that are adopted and enforced by state agencies.
This bill preserves the ability of an agency to ultimately determine priorities for changes in policy, while including assurances that issues of significant public interest will be considered on their merits. Any petition that is signed by 100 or more New York State residents must either be denied in writing by the agency or a notice of proposed rule making must be issued. This will allow the agency to obtain further public input and a more complete assessment of popular sentiment on the issue in question.
Legislative history
A.1586 of 2015-16, A9560 of 2013-14.
Fiscal implications
None.
Local fiscal implications
None. EFFECTIVE DATE : First day of January after having become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.