NY S02160

Requires agencies to seek public comment during the initial development, preparation, and promulgation phases of rule-making (not just after formal notice filing), and to include summaries of early outreach efforts in regulatory impact statements.

Establishes an affirmative duty for agencies to directly reach out to regulated persons who may be adversely affected by proposed rules to obtain their comments, cost estimates, and alternative approaches before filing with the Secretary of State.

Requires agencies to disclose in regulatory flexibility analyses any significant alternative approaches suggested by regulated persons during pre-filing outreach efforts, and to explain why such alternatives were not incorporated.

Expands the assessment of public comment requirements to include comments and cost estimates received during initial development phases, and allows agencies to consider information brought to their attention by regulated persons before, during, and after proposed rules are filed.

Applies these new outreach and disclosure requirements to all three categories of regulatory impact statements: general rules, small business/local government rules, and rural area impact analyses, with effectiveness date of January 1 following enactment.