§ 202-D — Regulatory agenda

§ 202-d. Regulatory agenda. * 1. (a) The departments of health,\neducation, environmental conservation, financial services, labor,\nagriculture and markets, motor vehicles and state, the offices of\nchildren and family services and temporary and disability assistance,\nthe division of housing and community renewal, the state gaming\ncommission, the office of mental health, the office for people with\ndevelopmental disabilities and the workers' compensation board, and any\nother department or agency specified by the governor or his or her\ndesignee shall, and any other agency may, in its discretion, submit in\nwriting or electronically in accordance with article three of the state\ntechnology law to the secretary of state, for publication in any regular\nissue of the state register published during the month of January, a\nregulatory agenda to solicit comments concerning any rule which the\nagency is considering to propose, but for which no notice of proposed\nrule making has been submitted pursuant to subdivision one of section\ntwo hundred two of this article.\n (b) A regulatory agenda shall be comprised of a list and brief\ndescription of subject matter being considered for rule making and the\nname, public office, address, e-mail address and telephone number of the\nagency representative, knowledgeable on such regulatory agenda, from\nwhom any information may be obtained, including any draft version of a\npotential rule that an agency is making publicly available, and to whom\nwritten comments may be submitted concerning such regulatory agenda.\n (c) Agencies shall publish the regulatory agendas and information\nrelated to such agendas on their respective websites. An agency may\nupdate the regulatory agenda on its website by adding a description of a\nrule which the agency has begun to consider proposing after publication\nof its regulatory agenda in the state register. Such description shall\nidentify the date on which the description is first listed in the\nregulatory agenda and shall conspicuously indicate that the description\nhas been newly listed for a period of not less than thirty days after\nsuch date. Updating a regulatory agenda on its website shall not require\nan agency to submit any additional information for publication in the\nstate register related to such update.\n (d) An agency shall identify each rule described in its regulatory\nagenda for which a regulatory flexibility analysis or a rural area\nflexibility analysis may be required, and shall provide outreach as\nappropriate to potentially affected small businesses, local governments\nand public and private interests in rural areas. Such outreach may\ninclude solicitation of input from potentially affected parties through\nelectronic means or through any of the activities listed in subdivision\nsix of section two hundred two-b and subdivision seven of section two\nhundred two-bb of this article.\n * NB Effective until December 31, 2028\n * 1. An agency may, in its discretion, submit in writing or\nelectronically in accordance with article three of the state technology\nlaw to the secretary of state, for publication in the first regular\nissue of the state register published during the months of January, May\nand September, a regulatory agenda to afford the agency an opportunity\nto solicit comments concerning any rule which the agency is considering\nproposing, but for which no notice of proposed rule making has been\nsubmitted pursuant to subdivision one of section two hundred two of this\narticle. A regulatory agenda shall be comprised of summaries of such\nrules. Each summary shall, in less than two thousand words, contain, in\nso far as practicable:\n (a) a description of the rule which the agency is considering;\n (b) a citation to the statutory authority, including particular\nsections and subdivisions, which authorizes the rule;\n (c) a schedule of the dates for hearings, meetings or other\nopportunities for public participation in the development of the rule,\nif any;\n (d) the probable date on which the agency anticipates submitting,\npursuant to section two hundred two of this chapter, a notice of\nproposed rule making for such rule if known;\n (e) the name, public office, address and telephone number of the\nagency representative, knowledgeable on such rule, from whom any\ninformation may be obtained and to whom written comments may be\nsubmitted concerning such rule; and\n (f) any other information which the agency determines will serve the\npublic interest.\n * NB Effective December 31, 2028\n * 2. Nothing in this section shall:\n (a) preclude an agency from adopting a rule for which a summary has\nnot appeared in a regulatory agenda or from adopting a rule different\nthan one summarized in a regulatory agenda; provided, however, that if a\nrule is proposed by an agency required to submit a regulatory agenda\npursuant to subdivision one of this section on a matter not included in\na regulatory agenda, the proposing agency shall indicate in the notice\nof proposed rule making that the rule was not under consideration at the\ntime the regulatory agenda was submitted for publication; or\n (b) require an agency to adopt a rule for which a summary has appeared\nin a regulatory agenda.\n * NB Effective until December 31, 2028\n * 2. Nothing in this section shall:\n (a) preclude an agency from adopting a rule for which a summary has\nnot appeared in a regulatory agenda or from adopting a rule different\nthan one summarized in a regulatory agenda; or\n (b) require an agency to adopt a rule for which a summary has appeared\nin a regulatory agenda.\n * NB Effective December 31, 2028\n 3. The secretary of state shall adopt rules necessary for the\npublication of regulatory agendas, including but not limited to standard\nforms to be used for the submission of regulatory agendas, a schedule\nprescribing when such agendas must be submitted for publication, and any\nidentification number system.\n