NY State Admin Pro Act § 202-D (2021)
2021 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 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.  (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, 2024   * 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, 2024   * 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, 2024   * 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, 2024   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.