2023 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.