S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4319

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 13, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the state administrative procedure act, in relation to
  improving evaluations of the potential impact of  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. 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:
  S 201-a. Job impact. 1. In developing 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.
  2. Before proposing a rule for adoption or adopting a rule on an emer-
gency  basis,  an agency shall evaluate the potential impact of the rule
on jobs and employment opportunities.
  (a) When it is apparent from the nature and purpose of the  rule  that
it  will  not  have  a substantial adverse impact on jobs and employment
opportunities, the agency shall include in the notice of  proposed  rule
making  or  the notice of emergency adoption a statement that the agency
has determined that the rule will not have a substantial adverse  impact
on  jobs  and  employment  opportunities; provided, however, that, where
appropriate, such statement shall indicate that the  agency  has  deter-
mined the rule will have a positive impact on jobs and employment oppor-
tunities,  or  will have no impact on jobs and employment opportunities.
Except where it is evident from the subject matter of the rule that  the
rule  could only have a positive impact or no impact on jobs and employ-
ment opportunities, the agency shall include in the  statement  prepared

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02941-01-5

              

S. 4319                             2

pursuant  to this paragraph a summary of the information and methodology
underlying its determination.
  (b)  When  it is apparent from the nature and purpose of the rule that
it may have a substantial adverse impact on jobs or employment  opportu-
nities,  the  agency  shall  issue a job impact statement which contains
information on:
  (i) the nature of the impact the rule will have on jobs and employment
opportunities;
  (ii) the categories of jobs or employment  opportunities  affected  by
the rule;
  (iii)  the  approximate  number  of  jobs  or employment opportunities
affected in each category;
  (iv) any region of the state where the rule would  have  a  dispropor-
tionate adverse impact on jobs or employment opportunities; and
  (v)  any measures which the agency [has taken] OR OTHER STATE AGENCIES
HAVE TAKEN OR COULD TAKE to minimize any unnecessary adverse impacts  on
existing  jobs and to promote the development of new employment opportu-
nities.
  (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 and the public in obtaining such information.
  (d) An agency shall issue a revised job impact statement when:
  (i) [the]  IT  IS  NECESSARY  TO  CORRECT  OR  SUPPLEMENT  information
presented  in  the PREVIOUS statement [is] THAT WAS inadequate or incom-
plete;
  (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
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  and
the  public  pursuant to paragraph (c) of this subdivision, 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 information on the
measures the agency took to evaluate the potential impact of the rule on
jobs and employment opportunities.  NO RULE MAY BE ADOPTED  PURSUANT  TO
THIS PARAGRAPH IF IT IS THE SUBJECT OF A STATEMENT OF CONCURRENCE PURSU-
ANT  TO  SUBDIVISION  THREE  OF  THIS  SECTION UNTIL THE REQUIREMENTS OF
SUBDIVISION THREE OF THIS SECTION HAVE BEEN MET.
  (f) When adopting a rule on an emergency basis, an  agency  may  defer
the  issuance  of  any statement pursuant to this section, provided that
the statement is published in the state register within thirty  days  of
the effective date of the emergency rule.
  (g)  When  any  statement  issued pursuant to this section exceeds two
thousand words, the agency shall prepare a summary of such statement  in
less than two thousand words.
  (h)  An agency may consider a series of closely related and simultane-
ously proposed rules as one rule for the purpose of submitting a consol-
idated job impact statement.

S. 4319                             3

  (i) Where a rule would have a measurable impact on  opportunities  for
self-employment, the agency shall include a discussion of such impact in
any statement prepared pursuant to this section.
  (J)  AN  AGENCY  SHALL MAKE AVAILABLE THE METHODOLOGY AND DATA OR DATA
SOURCES USED TO PREPARE ANY STATEMENT ISSUED PURSUANT TO THIS SECTION.
  3. (a) The commissioner of labor  and  the  commissioner  of  economic
development  may  review  any statement issued pursuant to this section,
and may consult informally with any agency preparing  such  a  statement
and  advise  it on the potential impact of a rule on jobs and employment
opportunities.   THE COMMISSIONER  OF  LABOR  AND  THE  COMMISSIONER  OF
ECONOMIC  DEVELOPMENT SHALL REVIEW ANY STATEMENT ISSUED PURSUANT TO THIS
SECTION THAT INDICATES THAT THE RULE  MAY  HAVE  A  SUBSTANTIAL  ADVERSE
IMPACT  ON  JOBS  OR EMPLOYMENT OPPORTUNITIES AND CONSIDER WHETHER ADDI-
TIONAL EVALUATION IS NEEDED PURSUANT TO THIS SUBDIVISION.
  (b) When the commissioner of labor and the  commissioner  of  economic
development  concur in a determination that additional evaluation of the
potential impact of a proposed rule on jobs and employment opportunities
is needed to assist in  the  minimization  of  any  unnecessary  adverse
impacts  of  the  rule  on  jobs or employment opportunities, they shall
issue a statement of concurrence and transmit a copy of  such  statement
to the agency and to the secretary of state for publication in the state
register.  The statement of concurrence shall:
  (i)  identify each proposed rule which is the subject of the statement
of concurrence;
  (ii) set forth the basis for the determination that additional  evalu-
ation  of  the  potential  impact of the rule is needed to assist in the
minimization of any unnecessary adverse impacts on  jobs  or  employment
opportunities,  and,  where  relevant,  identify  each aspect of the job
impact statement which is incomplete or deficient;
  (iii) include appropriate recommendations for additional evaluation of
the impact of the rule or  of  any  measures  which  the  agency  should
consider  to minimize any adverse impacts of the rule on jobs or employ-
ment opportunities; and
  (iv) specify a time period of not more than ninety days for the agency
to perform such additional evaluation or consider such recommendations.
  (c) An agency shall strive to perform such  additional  evaluation  or
consider  such measures as are recommended in a statement of concurrence
within the time period set forth therein. No agency shall adopt the rule
which is the subject of the statement of concurrence until:
  (i) the agency has performed the additional evaluation  or  considered
the measures recommended in the statement of concurrence, and has issued
a revised job impact statement, which is acceptable to the commissioners
of  economic  development  and labor, setting forth any changes which it
will make to the rule to minimize any adverse impacts on jobs or employ-
ment opportunities; or
  (ii) after the expiration of the time period set forth in  the  state-
ment of concurrence.
  (d)  The  statement  of concurrence shall be considered public comment
for the purpose of this article and shall be summarized and analyzed  in
any assessment of public comment.
  4.  Nothing in this section shall be construed as preventing an agency
from adopting a rule on an emergency basis at any time.
  5. Copies of any statement prepared pursuant to this section,  includ-
ing  any  statement  of concurrence, shall be distributed as provided in
subdivision six-a of section two hundred two of this article.
  6. For the purposes of this section:

S. 4319                             4

  (a) "rule" shall mean any rule proposed or  any  rule  adopted  on  an
emergency basis pursuant to this article, except for:
  (i) any rule defined in subparagraph (ii) of paragraph (a) of subdivi-
sion two of section one hundred two of this [article] CHAPTER;
  (ii)  any  rule  defined in [subdivisions ten,] SUBDIVISION eleven [or
twelve] of section one hundred two of this [article] CHAPTER; or
  (iii) any rule proposed or adopted by the  state  comptroller  or  the
attorney general.
  (b)  "impact  on jobs or employment opportunities" shall mean a change
in the number of jobs and employment opportunities,  including  opportu-
nities  for self-employment, primarily attributable to the adoption of a
rule, which would otherwise be available to the residents of  the  state
in  the  two-year  period  commencing on the date the rule takes effect.
"IMPACT ON JOBS OR EMPLOYMENT OPPORTUNITIES" SHALL ALSO MEAN  A  SIGNIF-
ICANT  CHANGE IN EMPLOYMENT STATUS, INCLUDING WHETHER ADOPTION OF A RULE
WOULD HAVE A SIGNIFICANT IMPACT ON AVERAGE  WAGE  LEVELS,  HOURS  AND/OR
DURATION OF EMPLOYMENT.
  (c)  "substantial  adverse impact on jobs or employment opportunities"
shall mean a decrease of more than one hundred full-time annual jobs and
employment opportunities, including opportunities  for  self-employment,
in  the  state,  or  the equivalent in part-time or seasonal employment,
which would otherwise be available to the residents of the state in  the
two-year period commencing on the date the rule takes effect.  "SUBSTAN-
TIAL ADVERSE IMPACT ON JOBS OR EMPLOYMENT OPPORTUNITIES" SHALL ALSO MEAN
ANY  CHANGES  IN  THE  STATUS OF SUCH JOBS AND EMPLOYMENT OPPORTUNITIES,
INCLUDING BUT NOT LIMITED TO ANY SIGNIFICANT NET REDUCTIONS  IN  AVERAGE
WAGE LEVELS, HOURS AND/OR DURATION OF EMPLOYMENT, THAT WOULD REPRESENT A
SUBSTANTIAL ADVERSE IMPACT ON INCOMES OR ECONOMIC SECURITY.
  S  2.  Subparagraphs (vi) and (viii) of paragraph (f) of subdivision 1
of section 202 of the state administrative procedure  act,  subparagraph
(vi)  as  amended  by  chapter  610 of the laws of 1987 and subparagraph
(viii) as amended by chapter 229 of the laws of  2000,  are  amended  to
read as follows:
  (vi)  include  a  regulatory  impact  statement  prepared  pursuant to
section two hundred two-a of this [chapter] ARTICLE AND ANY  JOB  IMPACT
STATEMENT  PREPARED  PURSUANT  TO  SECTION  TWO  HUNDRED  ONE-A  OF THIS
ARTICLE, provided, however, if EITHER such statement exceeds  two  thou-
sand words, the notice shall include only a summary of such statement in
less than two thousand words;
  (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 JOB IMPACT STATE-
MENT, the regulatory flexibility analysis, and the rural area flexibili-
ty 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 3.  Subparagraphs (v) and (vii) of paragraph (c) of subdivision  4-a
of  section  202 of the state administrative procedure act, subparagraph
(v) as added by chapter 336 of the laws of 1989 and  such  paragraph  as
relettered  by chapter 335 of the laws of 1992 and subparagraph (vii) as
amended by chapter 171 of the laws of  1994,  are  amended  to  read  as
follows:
  (v)  include  a  revised regulatory impact statement, when required by
the provisions of [subparagraph (ii) of paragraph  (a)  of]  subdivision

S. 4319                             5

six  of  section  two  hundred  two-a  of this [chapter] ARTICLE AND ANY
REVISED JOB IMPACT STATEMENT PREPARED PURSUANT TO  SECTION  TWO  HUNDRED
ONE-A  OF  THIS  ARTICLE,  provided,  however,  if EITHER such statement
exceeds  two  thousand words, the notice shall include only a summary of
such statement in less than two thousand words;
  (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 JOB
IMPACT STATEMENT, any revised regulatory flexibility  analysis  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 4. Subparagraphs (v) and (viii) of paragraph (c) of subdivision 5 of
section  202 of the state administrative procedure act, subparagraph (v)
as amended by chapter 610 of the laws of 1987 and subparagraph (viii) as
amended by chapter 171 of the laws of  1994,  are  amended  to  read  as
follows:
  (v)  include  a  revised regulatory impact statement, when required by
the provisions of [subparagraph (ii) of paragraph  (a)  of]  subdivision
six  of  section  two  hundred  two-a  of this [chapter] ARTICLE AND ANY
REVISED JOB IMPACT STATEMENT PREPARED PURSUANT TO  SECTION  TWO  HUNDRED
ONE-A  OF  THIS  ARTICLE,  provided,  however,  if EITHER such statement
exceeds two thousand words, the notice shall include only a  summary  of
such statement in less than two thousand words;
  (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  JOB  IMPACT  STATEMENT,
revised  regulatory flexibility analysis, REVISED rural area flexibility
analysis or assessment of comments may be obtained; and
  S 5. Subparagraphs (viii) and (x) of paragraph (d) of subdivision 6 of
section 202 of the  state  administrative  procedure  act,  subparagraph
(viii)  as  added  by  chapter  17 of the laws of 1984 and renumbered by
chapter 850 of the laws of 1990 and subparagraph (x) as amended by chap-
ter 171 of the laws of 1994, are amended to read as follows:
  (viii) include a regulatory  impact  statement  prepared  pursuant  to
section  two  hundred two-a of this [chapter] ARTICLE AND ANY JOB IMPACT
STATEMENT PREPARED PURSUANT TO SECTION TWO HUNDRED ONE-A OF  THIS  ARTI-
CLE,  or  a statement setting forth that the regulatory impact statement
AND/OR JOB IMPACT STATEMENT will appear in  the  state  register  within
thirty  days  of  the  effective  date  of the emergency rule, provided,
however, if [either] ANY SUCH statement exceeds two thousand words,  the
notice  shall  include only a summary of such statement in less than two
thousand words;
  (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  6.  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-

S. 4319                             6

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,  JOB  IMPACT
STATEMENT, regulatory flexibility analysis, rural area flexibility anal-
ysis,  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  7. 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 or adopted on an emergency basis on  or  after  such
date.