NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8808
SPONSOR: Mamdani TITLE OF BILL:
An act to amend chapter 801 of the laws of 2021 amending the state
administrative procedure act relating to public hearings on proposed
rules, in relation to the effectiveness thereof
PURPOSE:
To extend the provisions of Chapter 801 of the Laws of 2021, which
strengthened public access and participation in the rulemaking process
by requiring agencies to hold public hearings on proposed rules under
specified circumstances.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends Chapter 801 of the Laws of 2021 to change
the sunset date from December 31 of the second calendar year after its
effective date to January 1, 2027, thereby extending its provisions for
several additional years.
Section 2 sets the effective date of the act and clarifies that it
applies to any rules for which a notice of proposed rulemaking or regu-
latory agenda entry is published prior to January 1, 2027.
JUSTIFICATION:
The rulemaking process is a cornerstone of transparent and responsive
governance. Chapter 801 of the Laws of 2021 introduced meaningful
reforms to the State Administrative Procedure Act by mandating public
hearings on proposed rules in specific circumstances, such as when a
certain number of public comments are received - thereby increasing
government transparency, civic engagement, and trust in state insti-
tutions.
These requirements ensure that agency rulemaking is informed by those it
affects most: New York's residents, businesses, and advocacy communi-
ties. Extending the effectiveness of these provisions until 2027 allows
the Legislature to continue evaluating their impact while maintaining a
commitment to open and participatory rulemaking.
PRIOR LEGISLATIVE HISTORY:
Chapter 801 of the Laws of 2021.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to any proposed
rules for which a notice of proposed rulemaking or a regulatory agenda
entry is published prior to January 1, 2027.
STATE OF NEW YORK
________________________________________________________________________
8808
2025-2026 Regular Sessions
IN ASSEMBLY
June 9, 2025
___________
Introduced by M. of A. MAMDANI -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend chapter 801 of the laws of 2021 amending the state
administrative procedure act relating to public hearings on proposed
rules, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of chapter 801 of the laws of 2021, amending the
2 state administrative procedure act relating to public hearings on
3 proposed rules, as amended by chapter 116 of the laws of 2022, is
4 amended to read as follows:
5 § 3. This act shall take effect on January 1, 2023, and shall expire
6 and be deemed repealed on [the thirty-first day of December of the
7 second calendar year following such effective date] January 1, 2027, and
8 shall apply to all rules for which a notice of proposed rule making or a
9 description in a regulatory agenda is published during such time period.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13354-01-5
