S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7733
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the state administrative procedure act, in  relation  to
   consideration  of the    potential impacts of a proposed rule on small
   businesses and local governments

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 6 of section 202-b of the state adminis-
 trative  procedure  act,  as amended by chapter 611 of the laws of 1996,
 paragraphs (e) and (f) of subdivision 2 as relettered by chapter  16  of
 the laws of 2020, the opening paragraph and paragraph (b) of subdivision
 6  as amended by chapter 577 of the laws of 2019, are amended to read as
 follows:
   2. In proposing a rule for adoption or in adopting a rule on an  emer-
 gency  basis,  the  agency shall issue a regulatory flexibility analysis
 regarding the rule being proposed for adoption  or  the  emergency  rule
 being  adopted. A copy of such analysis and any finding, and reasons for
 such finding, pursuant to subdivision three of this  section,  shall  be
 submitted  to  the  governor, the temporary president of the senate, the
 speaker of the assembly[, the office of business permits and  regulatory
 assistance]  and the administrative regulations review commission at the
 time such analysis is submitted to the secretary of state  for  publica-
 tion  and,  upon  written  request,  a  copy  shall be sent to any other
 person. Each regulatory flexibility analysis shall contain:
   (a) a description of the types and an estimate of the number of  small
 businesses and local governments to which the rule will apply;
   (b)  a  description  of  (i)  the  reporting,  recordkeeping and other
 compliance requirements of the rule, and (ii) the kinds of  professional
 services  that a small business or local government is likely to need in
 order to comply with such requirements;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11613-01-3
 A. 7733                             2
              

 
   (c) an estimate of the initial capital costs and an  estimate  of  the
 annual cost of complying with the rule, with an indication of any likely
 variation  in  such  costs  for small businesses or local governments of
 different types and of differing sizes;
   (d)  an  assessment  of  the economic and technological feasibility of
 compliance with such rule by small businesses and local governments;
   (e) an indication of how the rule is designed to minimize any  COMPLI-
 ANCE  REQUIREMENTS  OR ANY adverse economic impact of such rule on small
 businesses and local governments, including information regarding wheth-
 er the approaches suggested in subdivision one of this section or  other
 similar  approaches were considered AND WERE INCORPORATED INTO THE RULE,
 OR THE REASON OR REASONS WHY ANY SUCH  APPROACHES  WERE  CONSIDERED  BUT
 WERE NOT INCORPORATED INTO THE RULE; and
   (f)  a  statement indicating how the agency HAS complied with subdivi-
 sion six of this section OTHER THAN PUBLICATION IN  THE  STATE  REGISTER
 AND POSTING ON THE AGENCY'S WEBSITE OR WITH ANY OTHER MEASURES THE AGEN-
 CY  IS  REQUIRED  BY  LAW  TO  UNDERTAKE,  AND LISTING OR DESCRIBING THE
 FOLLOWING ACTIONS TAKEN OR EXPLAINING WHY SUCH ACTION WAS DEEMED  TO  BE
 INFEASIBLE  OR  UNNECESSARY:  (I)  ANY  PUBLICATION  OR PUBLICIZATION OF
 NOTICES OR ALERTS TO SMALL BUSINESSES OR LOCAL GOVERNMENTS REGARDING THE
 RULE; (II) ANY EFFORTS TO DIRECTLY NOTIFY INTERESTED SMALL BUSINESSES OR
 LOCAL GOVERNMENTS AND/OR  ORGANIZATIONS  REPRESENTING  THEIR  INTERESTS;
 (III)  ANY  SPECIAL OPEN CONFERENCES OR WEBINARS CONCERNING THE PROPOSED
 RULE THAT WERE CONDUCTED FOR  SMALL  BUSINESSES  AND  LOCAL  GOVERNMENTS
 AFFECTED  BY  THE  RULE;  OR  (IV) ANY MODIFICATION TO AGENCY PROCEDURAL
 RULES OR OTHER ACTIONS UNDERTAKEN TO FACILITATE THE RECEIPT OF  INFORMA-
 TION  AND  CONCERNS REGARDING THE RULE FROM AFFECTED SMALL BUSINESSES OR
 LOCAL GOVERNMENTS.
   6. When any rule is proposed for which a regulatory flexibility analy-
 sis is required, the agency shall assure that it has actively  solicited
 the  participation of small businesses and local governments in the rule
 making through activities in addition to publication in the state regis-
 ter and posting on the agency's website, such as:
   (a) the publication of a general notice for the proposed  rule  making
 in  publications  likely  to  be  obtained by small businesses and local
 governments of the types affected by the proposed rule, AND/OR  PUBLICI-
 ZATION  OF THE INTENDED RULE MAKING BY MEANS OF ANY SOCIAL MEDIA SITE OR
 ONLINE RESOURCE COMMONLY USED BY SMALL BUSINESSES OR  LOCAL  GOVERNMENTS
 AFFECTED BY THE RULE;
   (b)  the  direct notification of interested small businesses and local
 governments affected by the proposed rule or organizations  representing
 the interests of such entities;
   (c) the conduct of special open conferences OR WEBINARS concerning the
 proposed rule for small businesses and local governments affected by the
 rule; and
   (d)  the adoption or modification of agency procedural rules to reduce
 the cost or complexity of participation in  the  rule  making  by  small
 businesses and local governments.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of  this  act on  its  effective   date   are   authorized to  be
 made and completed on or before such effective date.