S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6514
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 14, 2019
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   preparation  of an economic impact statement prior to the enactment of
   any rule or regulation affecting the commercial fishing  industry  and
   providing for periodic review of such rules or regulations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 13-0365 to read as follows:
 § 13-0365. ECONOMIC IMPACT STATEMENTS.
   1.  ALL  RULES AND REGULATIONS AFFECTING THE COMMERCIAL FISHING INDUS-
 TRY, PROMULGATED PURSUANT  TO  THIS  TITLE,  SHALL  BE  SUBJECT  TO  THE
 PROVISIONS OF THIS SECTION.
   2.  PRIOR  TO  THE  ADOPTION  OF  ANY PROPOSED RULE OR REGULATION, THE
 DEPARTMENT SHALL PREPARE AN ECONOMIC IMPACT STATEMENT THAT  INCLUDES  AT
 LEAST THE FOLLOWING ANALYSIS:
   (A) AN IDENTIFICATION AND ESTIMATE OF THE NUMBER OF THE MEMBERS OF THE
 COMMERCIAL FISHING INDUSTRY AFFECTED BY THE PROPOSED RULE OR REGULATION;
   (B)  THE  ADMINISTRATIVE  COSTS  TO  THE  COMMERCIAL  FISHING INDUSTRY
 REQUIRED FOR COMPLIANCE WITH THE PROPOSED RULE OR REGULATION;
   (C) A STATEMENT OF THE PROBABLE ECONOMIC EFFECT OF THE RULE  OR  REGU-
 LATION  ON THE COMMERCIAL FISHING INDUSTRY, INCLUDING BUT NOT LIMITED TO
 LOSS OF INCOME AND JOBS; AND
   (D) A DISCUSSION OF ANY LESS  INTRUSIVE  OR  LESS  COSTLY  ALTERNATIVE
 METHODS  OF ACHIEVING THE PURPOSE OF THE PROPOSED RULE OR REGULATION, IN
 ORDER TO MITIGATE ADVERSE ECONOMIC  IMPACT  TO  THE  COMMERCIAL  FISHING
 INDUSTRY.
   3.  (A)  WITHIN  TWO  YEARS OF THE EFFECTIVE DATE OF THIS SECTION, THE
 DEPARTMENT SHALL REVIEW ALL  RULES  AND  REGULATIONS  UNDER  THIS  TITLE
 EXISTING  AT  THE  TIME  OF ENACTMENT TO DETERMINE WHETHER SUCH RULES OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13307-02-9

 S. 6514                             2
 
 REGULATIONS SHALL BE CONTINUED WITHOUT CHANGE, OR SHOULD BE  AMENDED  OR
 RESCINDED  TO  MINIMIZE ECONOMIC IMPACT ON THE COMMERCIAL FISHING INDUS-
 TRY.
   (B)  RULES  ADOPTED  AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL BE
 REVIEWED EVERY TWO YEARS AFTER THE PUBLICATION  OF  SUCH  RULES  AS  THE
 FINAL  RULE  TO ENSURE THAT THEY MINIMIZE ECONOMIC IMPACT ON THE COMMER-
 CIAL FISHING INDUSTRY IN A MANNER CONSISTENT WITH THE STATED  OBJECTIVES
 OF THIS TITLE.
   (C)  IN  REVIEWING RULES OR REGULATIONS TO MINIMIZE ECONOMIC IMPACT ON
 THE COMMERCIAL FISHING  INDUSTRY,  THE  DEPARTMENT  SHALL  CONSIDER  THE
 FOLLOWING FACTORS:
   (I) THE NEED FOR THE RULE OR REGULATION;
   (II) THE NATURE OF COMPLAINTS OR COMMENTS RECEIVED CONCERNING THE RULE
 OR REGULATION FROM THE COMMERCIAL FISHING INDUSTRY;
   (III) THE COMPLEXITY OF THE RULE; AND
   (IV)  THE  DEGREE  TO WHICH ECONOMIC CONDITIONS, OR OTHER FACTORS HAVE
 CHANGED SINCE THE ORIGINAL ENACTMENT OF THE RULE OR REGULATION.
   § 2. This act shall take effect immediately.