What's happening
This bill allows New York agencies to use innovative techniques for public hearings on proposed rules and requires certain agencies to hold hearings if petitioned by residents.
Why it matters
Expands participation options at public hearings. Agencies can now use new formats—like roundtable discussions, Q&A sessions with agency staff, flexible scheduling (evenings/weekends), and remote technologies—to make it easier for people to engage and comment on proposed rules, so more voices can be included.
Empowers residents to demand hearings. If 125 or more New Yorkers sign a petition, key state agencies must hold a public hearing on a proposed rule, increasing government accountability and giving communities more leverage in the rulemaking process.
Focuses on transparency and agency accountability. Agencies must report on how they use these innovative engagement techniques, which can help the public and lawmakers evaluate whether new methods actually improve access and participation.
Targets major regulatory agencies. The law specifically requires departments like Education, Health, Labor, and Environmental Conservation (among others) to follow these new requirements, making it likely to affect rules with broad public impact in areas like schools, healthcare, jobs, and the environment.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Expand Public Hearing Access
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
1 Multi-sponsor
History
- Referred to governmental operations
- Referred to governmental operations
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.
Make Hearings More Public-Friendly
In Assembly Committee · Governmental Operations · Sponsor Michael Gianaris
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6859
2019-2020 Regular Sessions
IN ASSEMBLY
March 22, 2019
Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to public hearings on proposed rules; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 102 of the state administrative procedure act, as amended by section 155 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
1. "Agency" means any department, board, bureau, commission, division, office, council, committee or officer of the state, or a public benefit corporation or public authority at least one of whose members is appointed by the governor, authorized by law to make rules or to make final decisions in adjudicatory proceedings but shall not include the governor, agencies in the legislative and judicial branches, agencies created by interstate compact or international agreement, the division of military and naval affairs to the extent it exercises its responsibility for military and naval affairs, the division of state police, the identification and intelligence unit of the division of criminal justice services, the state insurance fund, the unemployment insurance appeal board, and except for purposes of subdivision one of section two hundred two-d and section two hundred two-f of this chapter, the workers' compensation board and except for purposes of article two of this chapter, the department of corrections and community supervision.
§ 2. The state administrative procedure act is amended by adding a new section 202-f to read as follows:
§ 202-f. Public hearings. 1. Whenever a public hearing is held on a proposed rule pursuant to this chapter, unless otherwise provided in law, an agency is authorized to utilize innovative techniques to enhance public participation in rule making, including but not limited to allow-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04472-01-9
A. 6859 2
ing the public to ask questions of agency personnel for a portion of such hearing, organizing such hearing as a roundtable discussion, scheduling an evening or weekend hearing, and using broadcasting and teleconferencing technologies; provided, however, that no such innovative techniques shall be used in a manner which diminishes the ability which members of the public would otherwise have to comment on the proposed rule at a public hearing. Each agency listed in subdivision four of this section shall, and any other agency may, include in its annual report a description and analysis of its use of innovative techniques pursuant to this subdivision.
2. Except as provided in subdivision three of this section, any agency listed in subdivision four of this section which receives a petition subscribed by not fewer than one hundred twenty-five persons residing in this state requesting a public hearing on any rule or rules which have been proposed by the agency, or have been described in the regulatory agenda submitted by the agency pursuant to section two hundred two-d of this article, shall hold at least one public hearing on the rule or rules; provided, however, that any such petition on a rule which has been proposed must be received by the agency not later than the twentieth day before the last date for submission of comments. Any agency that receives a petition after the twentieth day before the last date for submission of comments and any agency not listed in subdivision four of this section may elect to hold a hearing upon receipt of a petition. Due consideration shall be given to any request in a petition that a hearing be conducted in a particular region.
3. An agency shall not be required to hold a public hearing pursuant to subdivision two of this section (a) on a rule for which a hearing is required by law and has been scheduled or held; (b) on a consensus rule; or (c) on a rule defined in subparagraph (ii) of paragraph (a) of subdivision two of section one hundred two of this chapter. When a public hearing has been requested for any rule described in a regulatory agenda, the agency shall not be required to schedule a public hearing until such time as the rule is proposed.
4. The following agencies shall engage in the reporting provided for in subdivision one of this section and hold hearings as provided for in subdivisions two and three of this section: the workers' compensation board and the departments of education, environmental conservation, health, financial services, labor and family assistance.
§ 3. This act shall take effect on the first of January next succeeding the date on which it shall have become a law, and shall expire and be deemed repealed on the thirty-first day of December of the second calendar year following such effective date, and shall apply to all rules for which a notice of proposed rule making or a description in a regulatory agenda is published during such time period.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.