A 2411: Requires a state agency to get approval from the senate and the assembly prior to adopting or readopting a rule on an emergency basis unless such rule is necessary on an emergency basis for the preservation of the public health, safety and general welfare of the public.

  
  STATE OF NEW YORK ________________________________________________________________________ 2411 2025-2026 Regular Sessions  IN ASSEMBLY January 16, 2025 ___________ Introduced by M. of A. RA, PALMESANO, GANDOLFO, MILLER, MANKTELOW, MORI- NELLO, REILLY, BRABENEC, DURSO, TAGUE, McDONOUGH, GIGLIO, HAWLEY, LEMONDES, JENSEN, SIMPSON, MIKULIN -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state administrative procedure act, in relation to a state agency adopting emergency regulations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (b) and (e) of subdivision 6 of section 202 2 of the state administrative procedure act, paragraph (a) as added by 3 chapter 17 of the laws of 1984 and paragraphs (b) and (e) as amended by 4 chapter 483 of the laws of 1988, are amended to read as follows: 5 (a) Notwithstanding any other provision of law, if an agency finds 6 that the immediate adoption of a rule is necessary for the preservation 7 of the public health, safety or general welfare and that compliance with 8 the requirements of subdivision one of this section would be contrary to 9 the public interest, the agency may dispense with all or part of such 10 requirements and adopt the rule on an emergency basis except when the 11 rule to be adopted is an existing adopted emergency regulation, in which 12 case the agency may not dispense with the requirements that such 13 readoption be approved by concurrent resolution of the senate and assem- 14 bly. 15 (b) Unless otherwise provided by law, such emergency rule shall not 16 remain in effect for longer than ninety days after being filed with the 17 secretary of state unless within such time the agency complies with the 18 requirements of subdivision one of this section and adopts the rule 19 pursuant to the provisions of subdivision five of this section, 20 provided, however, if an agency determines the readoption of such rule 21 is necessary on an emergency basis for the preservation of the public 22 health, safety and general welfare and compliance with the requirements 23 of subdivision one of this section would be contrary to the public EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04427-01-5 
 A. 2411 2 1 interest, then the readoption of such rule shall require the approval of 2 the senate and assembly by concurrent resolution, and such emergency 3 rule is readopted prior to the expiration of such ninety day period such 4 readoption and any subsequent readoptions shall remain in effect for no 5 longer than [sixty] thirty days. 6 (e) If, prior to the expiration of a rule adopted pursuant to para- 7 graph (a) of this subdivision, the agency finds that the readoption of 8 such rule on an emergency basis is necessary for the preservation of the 9 public health, safety or general welfare, the agency may readopt the 10 rule on an emergency basis upon approval by the senate and assembly. No 11 readoption shall be filed with the secretary of state unless the agency 12 has submitted a notice of proposed rule making pursuant to subdivision 13 one of this section and such readoption has been approved by the senate 14 and the assembly. No second or subsequent readoption shall be filed with 15 the secretary of state unless the agency at the same time submits an 16 assessment of public comments prepared pursuant to paragraph (b) of 17 subdivision five of this section and such subsequent readoption has been 18 approved by the senate and assembly. 19 § 2. This act shall take effect immediately.