§ 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
emergency 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
determined the rule will have a positive impact on jobs and employment
opportunities, 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 employment opportunities, the agency shall include in the
statement prepared 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
opportunities, 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
disproportionate adverse impact on jobs or employment opportunities; and

(v) any measures which the agency has taken to minimize any
unnecessary adverse impacts on existing jobs and to promote the
development of new 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 and the public in obtaining such information.

(d) An agency shall issue a revised job impact statement when:

(i) the information presented in the statement is inadequate or
incomplete;

(ii) the proposed rule contains any substantial revisions which
necessitate 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.

(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 for publication in the state register in
which it shall identify the website of the agency, or of another state
entity, on which the full text of the statement has been posted.

(h) An agency may consider a series of closely related and
simultaneously proposed rules as one rule for the purpose of submitting
a consolidated job impact statement.

(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.

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.

(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
evaluation 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
employment 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
employment opportunities; or

(ii) after the expiration of the time period set forth in the
statement 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,
including 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:

(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
subdivision two of section one hundred two of this article;

(ii) any rule defined in subdivisions ten, eleven or twelve of section
one hundred two of this article; 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
opportunities 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.

(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.