What's happening
This bill allows the Administrative Regulations Review Commission to delay proposed administrative rules for 90 days to address concerns.
Why it matters
Creates a formal process for legislative oversight of agency rulemaking. By allowing the Administrative Regulations Review Commission (ARRC) to delay proposed rules, the legislature gains a stronger check on executive agencies, potentially preventing hasty or poorly considered regulations.
Forces agencies to address specific concerns publicly. Agencies must respond to each issue raised in a delay letter and consider alternatives, increasing transparency and accountability in the rulemaking process.
Provides more time for public input and scrutiny. If a delay overlaps with the public comment period, all comments received during the extra 90 days must be considered, giving stakeholders more opportunity to influence regulations.
Limits and clarifies the scope of delays. The bill excludes emergency rules from delays and requires that delay requests be well-documented and justified, preventing misuse and ensuring the process is used only for substantive concerns.
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Who cares
Headline styles
Delay Agency Rule Adoption
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 51–12
- Advanced to third reading
- 2nd report cal.
- 1st report cal.294
- Referred to investigations and government operations
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 58–4
Show 3 earlier actions
- Ordered to third reading cal.981
- Committee discharged and committed to rules
- Referred to investigations and government operations
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6095
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the legislative law and the state administrative procedure act, in relation to providing the administrative regulations review commission with the ability to delay the adoption of proposed administrative rules
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 87 of the legislative law is amended by adding a new subdivision 4 to read as follows:
4. The commission shall have the power to delay the adoption of a proposed administrative rule. Should in the performance of its duties, a majority of the members of the commission agree that a proposed administrative rule raises one or more questions or concerns in relation to any of the four issues for consideration that are specified in subdivision one of this section, the commission may, in writing, notify the agency responsible for the proposed rule that the commission has decided to delay the adoption of the rule by ninety days. A written letter to delay adoption of a proposed rule must be mailed or delivered to the agency that proposed the rule at issue. A valid letter to delay adoption of a rule must be signed by each member of the commission that has agreed to delay the adoption and must include at least a brief explanation of the commission's one or more questions or concerns regarding the proposed rule. The commission must also file a certified copy of the letter to delay adoption of a rule with the department of state, division of administrative rules.
§ 2. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of section 202 of the state administrative procedure act, subparagraph (iv) as amended and subparagraph (v) as added by chapter 490 of the laws of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11631-01-7
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2016, are amended and three new subparagraphs (vi), (vii) and (viii) are added to read as follows:
(iv) publish all notices and statements, required by this section and section two hundred one-a of this chapter, in the state register as soon as practicable; [and]
(v) prescribed guidance, developed in consultation with the office of information technology services, for online posting of text and information pursuant to this section[.];
(vi) following the receipt of a certified copy of a valid letter to delay adoption of a rule, publish such a letter in the next issue of the state register;
(vii) publish a clear and conspicuous notice of delay, which shall state that the rule making process for the proposed rule will be delayed ninety days; such notices shall be published to accompany related letters to delay the adoption of a rule in the state register; and
(viii) reject any letter to delay adoption of a rule that is deficient for lacking at least a minimal explanation of the questions or concerns pertaining to the proposed rule, or the requisite signatures and give prompt notice of the deficiency to the administrative regulations review commission.
§ 3. Section 202 of the state administrative procedure act is amended by adding a new subdivision 10 to read as follows:
10. Delay adoption of a proposed rule. (a) If in the performance of their duties, as specified in subdivision one of section eighty-seven of the legislative law, a majority of the members of the administrative regulations review commission agree that a proposed administrative rule raises one or more questions or concerns in relation to any of the four issues for consideration that are specified in subdivision one of section eighty-seven of the legislative law, the commission may, delay the adoption of such a rule by ninety days, pursuant to the requirements of subdivision four of section eighty-seven of the legislative law.
(b) The ninety day period to delay rule making shall begin on the date that the notice of delay is published in the state register and shall end ninety days following the publication of the notice of delay.
(c) If a ninety day period of delay begins during the public comment period for a proposed rule, the agency responsible for the proposed rule will be required to consider all public comments received during that period of delay.
(d) Any agency that receives a letter to delay adoption of a rule shall consider every question or concern raised by the administrative regulations review commission within that letter. Agencies must also consider proposing alternative means in order to address the one or more questions or concerns that is stated in the letter to delay adoption of a rule.
(e) Following consideration of all questions or concerns, as well as alternatives, agencies shall be allowed to withdraw or revise a proposed rule during or after the ninety day period of delay has ended, pursuant to the rule making requirements of this section.
(f) No agency shall be compelled to change a proposed rule in response to a letter to delay adoption of a rule. However, any agency that receives a letter to delay adoption of a rule must at least respond to each specific question or concern raised in that letter, within the assessment of public comment made pursuant to the notice of adoption requirements of paragraph (b) of subdivision five of this section.
S. 6095 3
(g) The administrative regulations review commission will have no ability to delay a rule that is adopted on an emergency basis pursuant to subdivision six of this section.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the legislative law and the state administrative procedure act, in relation to providing the administrative regulations review commission with the ability to delay the adoption of proposed administrative rules
Purpose
To provide the administrative regulations review commission with procedures to delay the adoption of a proposed administrative rule by ninety days
Summary of provisions
Section 1 amends Section 87 of Legislative Law to provide the Administrative Regulations Review Commission (ARRC) with the ability to delay the adoption of a proposed rule, if a majority of its members in both the Senate and the Assembly agree that a proposed rule raises one or more questions or concerns pertaining to statutory authority, legislative intent, impact on the economy and state and local government operations, or impact on regulated parties.
Read the full memo (689 words)
Should a majority of ARRC members agree to voice their questions/concerns to the agency that proposed the rule, ARRC may do so with a letter to delay adoption of a proposed rule. A certified copy of a letter to delay adoption of a rule must be sent to the Department of State, Division of Administrative Rules (DAR).
Section 2 amends Subdivision 9 of Section 202 of SAPA and requires that upon receiving a copy of a valid letter to delay adoption of a rule, including question(s) or concern(s) and ARRC member signatures; DAR must publish such letter in the next issue of the State Register. DAR must also publish a Notice of Delay accompanying a letter to delay adoption of a rule. An easily recognizable Notice of Delay will notify the public of ARRC's concerns for the proposed rule and provide an additional ninety (90) days for an agency to accept public comments, provide answers to question(s) and consider possible alternatives. The 90 day period delaying the adoption of a proposed rule will begin on the date that the Notice of Delay is published in the State Register.
Section 3 adds new subdivision 10 to amend Section 202 of SAPA. Should an agency agree that the proposed rule raises concerns, that agency may decide to make changes to the proposal and withdraw or revise the rule through the rule making requirements of SAPA section 202.
An agency may choose not change a proposed rule, but must wait ninety days before resuming the process of promulgating the rule. An agency must also provide a response to each specific question or concern raised by ARRC in the letter to delay adoption of a rule. Responses to specific concerns will be included in the assessment of public comment that is required under the "Notice of Adoption" requirements of SAPA Section 202, Subdivision 5.
Should a ninety-day delay begin during the public comment period for a proposed rule, the rule making agency will be required to receive, consider and respond to the additional public comments received during the period of delay.
This bill does not impede upon an agency's ability to adopt rules immediately for emergency purposes, under Subdivision 6 of Section 202 of SAPA.
Existing law
Under Legislative Law and the State Administrative Procedure Act (SAPA) there are currently no provisions that allow ARRC to delay the adoption of proposed administrative rule.
Justification
Occasionally, state agencies propose administrative rules that raise concerns for possible inconsistencies with statutory authority or legislative intent, or for potentially burdening the economy, state and local government operations, or other regulated/affected parties. This bill will allow ARRC to question agencies when such concerns arise related to proposed rules. This legislation also provides ARRC with the ability to delay the rule making process by 90 days. Extending the rule making process by 90 days will promote public awareness and will encourage greater public participation in administrative rule making. This legislation also requires agencies to consider and answer questions raised by ARRC and other members of the public, prior to the adoption of rules that concern a majority of the ARRC.
Legislative history
S.6501 / A.8969 (2014); S.4033 passed Senate in 2015 and 2016.
Fiscal implications
None.
Local fiscal implications
None.
Effective date
Immediately.
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