S T A T E O F N E W Y O R K
________________________________________________________________________
2158
2013-2014 Regular Sessions
I N S E N A T E
January 14, 2013
___________
Introduced by Sens. VALESKY, MAZIARZ, RANZENHOFER, SEWARD -- read twice
and ordered printed, and when printed to be committed to the Committee
on Commerce, Economic Development and Small Business
AN ACT to amend the state administrative procedure act, in relation to
the impact of proposed rules on jobs and employment opportunities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 201-a of the state administrative
procedure act, as added by chapter 189 of the laws of 1996, is amended
to read as follows:
1. In [developing] THE INITIAL DEVELOPMENT, PREPARATION AND PROMULGA-
TION OF a rule, an agency shall strive to accomplish the objectives of
applicable statutes in a manner which minimizes any unnecessary adverse
impacts on existing jobs and promotes the development of new employment
opportunities, including opportunities for self-employment, for the
residents of the state.
S 2. The opening paragraph, and paragraphs (c), (d) and (e) of subdi-
vision 2 of section 201-a of the state administrative procedure act, as
added by chapter 189 of the laws of 1996, are amended to read as
follows:
Before proposing a rule for adoption or adopting a rule on an emergen-
cy basis, an agency shall evaluate the potential impact of the rule on
EXISTING AND POTENTIAL FUTURE jobs and employment opportunities.
(c) When the information available to an agency is insufficient to
enable it to determine whether a rule will have a substantial adverse
impact on jobs or employment opportunities, or to prepare a job impact
statement pursuant to paragraph (b) of this subdivision, the agency
shall issue a statement indicating the information which it needs to
complete a job impact statement and requesting the assistance of other
state agencies, REGULATED PERSONS and the public in obtaining such
information.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04826-01-3
S. 2158 2
(d) An agency shall issue a revised job impact statement when:
(i) the information presented in the statement is inadequate, MISLEAD-
ING or incomplete;
(ii) the proposed rule contains any substantial revisions which neces-
sitate that such statement be modified; or
(iii) the agency has issued a statement pursuant to paragraph (c) of
this subdivision, and has received information from other state
agencies, REGULATED PERSONS or the public which enable it to provide a
more complete evaluation of the potential impact of the rule on jobs and
employment opportunities.
(e) If, after requesting the assistance of other state agencies, REGU-
LATED PERSONS and the public pursuant to paragraph (c) of this subdivi-
sion, an agency is still unable to determine whether the rule will have
a substantial adverse impact on jobs and employment opportunities, it
may adopt the rule. When adopting a rule pursuant to this paragraph, the
agency shall issue a revised job impact statement which includes infor-
mation on the measures the agency took to evaluate the potential impact
of the rule on jobs and employment opportunities.
S 3. Subparagraph (viii) of paragraph (f) of subdivision 1 of section
202 of the state administrative procedure act, as amended by chapter 229
of the laws of 2000, is amended and a new subparagraph (vii-a) is added
to read as follows:
(VII-A) INCLUDE THE JOB IMPACT STATEMENTS PREPARED PURSUANT TO SECTION
TWO HUNDRED ONE-A OF THIS ARTICLE;
(viii) give the name, public office address and telephone number of an
agency representative, who is knowledgeable on the proposed rule, from
whom the complete text of such rule and any scientific or statistical
study, report and analysis that served as the basis for the rule and any
supporting data, the regulatory impact statement, the regulatory flexi-
bility analysis, THE JOB IMPACT STATEMENT and the rural area flexibility
analysis may be obtained; from whom information about any public hearing
may be obtained; and to whom written data, views and arguments may be
submitted; and
S 4. Subparagraph (vii) of paragraph (c) of subdivision 4-a of section
202 of the state administrative procedure act, as amended by chapter 171
of the laws of 1994, is amended and a new subparagraph (vi-a) is added
to read as follows:
(VI-A) INCLUDE THE REVISED JOB IMPACT STATEMENTS PREPARED PURSUANT TO
SECTION TWO HUNDRED ONE-A OF THIS ARTICLE;
(vii) give the name, address and telephone number of an agency repre-
sentative knowledgeable on the rule, from whom the complete revised text
of such rule, any revised regulatory impact statement, any revised regu-
latory flexibility analysis, ANY REVISED JOB IMPACT STATEMENT and any
revised rural area flexibility analysis may be obtained; from whom
information about any additional public hearing may be obtained; and to
whom written data, views and arguments may be submitted;
S 5. Subparagraph (viii) of paragraph (c) of subdivision 5 of section
202 of the state administrative procedure act, as amended by chapter 171
of the laws of 1994, is amended and a new subparagraph (vi-a) is added
to read as follows:
(VI-A) INCLUDE THE REVISED JOB IMPACT STATEMENTS PREPARED PURSUANT TO
SECTION TWO HUNDRED ONE-A OF THIS ARTICLE;
(viii) give the name, public office address and telephone number of an
agency representative from whom the complete text of the rule and any
revised regulatory impact statement, revised regulatory flexibility
S. 2158 3
analysis, REVISED JOB IMPACT STATEMENT, rural area flexibility analysis
or assessment of comments may be obtained; and
S 6. Subparagraph (x) of paragraph (d) of subdivision 6 of section 202
of the state administrative procedure act, as amended by chapter 171 of
the laws of 1994, is amended and a new subparagraph (ix-a) is added to
read as follows:
(IX-A) INCLUDE THE JOB IMPACT STATEMENT PREPARED PURSUANT TO SECTION
TWO HUNDRED ONE-A OF THIS ARTICLE;
(x) give the name, public office address and telephone number of an
agency representative, knowledgeable on the rule, from whom a complete
text of such rule, the regulatory impact statement, THE JOB IMPACT
STATEMENT, regulatory flexibility analysis, and the rural area flexibil-
ity analysis may be obtained; from whom information about any public
hearing may be obtained; and to whom written data, views and arguments
may be submitted; and
S 7. Paragraphs (a) and (b) of subdivision 6-a of section 202 of the
state administrative procedure act, as amended by chapter 171 of the
laws of 1994, are amended to read as follows:
(a) An agency shall transmit a copy of any rule making notice prepared
pursuant to this article to the governor, the temporary president of the
senate, the speaker of the assembly[,] AND the administrative regu-
lations review commission [and the office of regulatory and management
assistance] at the time such notice is submitted to the secretary of
state for publication in the state register. Such transmittal shall
include the complete rule text, regulatory impact statement, JOB IMPACT
STATEMENT, regulatory flexibility analysis, rural area flexibility anal-
ysis, or revisions thereof, and any other information submitted to the
secretary of state pursuant to this article.
(b) An agency shall make a copy of the complete text of any proposed,
adopted or emergency rule, regulatory impact statement, regulatory flex-
ibility analysis, JOB IMPACT STATEMENT rural area flexibility analysis,
or revisions thereof available to the public at the time such documents
are submitted to the secretary of state for publication in the state
register and shall send to any person a copy of such text upon written
request.
S 8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, and shall apply to any
rule first proposed on or after such date.