Bill Text: NY A06747 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to improving evaluations of the potential impact of rules on jobs and employment opportunities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-03-18 - referred to governmental operations [A06747 Detail]

Download: New_York-2019-A06747-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6747
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 18, 2019
                                       ___________
        Introduced  by M. of A. SCHIMMINGER, ZEBROWSKI -- read once and referred
          to the Committee on Governmental Operations
        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:
     1    Section 1. Section 201-a of the state administrative procedure act, as
     2  added by chapter 189 of the laws of 1996, paragraph (g) of subdivision 2
     3  as  amended  by  chapter  304 of the laws of 2016, is amended to read as
     4  follows:
     5    § 201-a. Job impact. 1. In developing a rule, an agency  shall  strive
     6  to  accomplish  the  objectives of applicable statutes in a manner which
     7  minimizes any unnecessary adverse impacts on existing jobs and  promotes
     8  the development of new employment opportunities, including opportunities
     9  for self-employment, for the residents of the state.
    10    2. Before proposing a rule for adoption or adopting a rule on an emer-
    11  gency  basis,  an agency shall evaluate the potential impact of the rule
    12  on jobs and employment opportunities.
    13    (a) When it is apparent from the nature and purpose of the  rule  that
    14  it  will  not  have  a substantial adverse impact on jobs and employment
    15  opportunities, the agency shall include in the notice of  proposed  rule
    16  making  or  the notice of emergency adoption a statement that the agency
    17  has determined that the rule will not have a substantial adverse  impact
    18  on  jobs  and  employment  opportunities; provided, however, that, where
    19  appropriate, such statement shall indicate that the  agency  has  deter-
    20  mined the rule will have a positive impact on jobs and employment oppor-
    21  tunities,  or  will have no impact on jobs and employment opportunities.
    22  Except where it is evident from the subject matter of the rule that  the
    23  rule  could only have a positive impact or no impact on jobs and employ-
    24  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.
                                                                   LBD08906-01-9

        A. 6747                             2
     1  pursuant  to this paragraph a summary of the information and methodology
     2  underlying its determination.
     3    (b)  When  it is apparent from the nature and purpose of the rule that
     4  it may have a substantial adverse impact on jobs or employment  opportu-
     5  nities,  the  agency  shall  issue a job impact statement which contains
     6  information on:
     7    (i) the nature of the impact the rule will have on jobs and employment
     8  opportunities;
     9    (ii) the categories of jobs or employment  opportunities  affected  by
    10  the rule;
    11    (iii)  the  approximate  number  of  jobs  or employment opportunities
    12  affected in each category;
    13    (iv) any region of the state where the rule would  have  a  dispropor-
    14  tionate adverse impact on jobs or employment opportunities; and
    15    (v)  any measures which the agency [has taken] or other state agencies
    16  have taken or could take to minimize any unnecessary adverse impacts  on
    17  existing  jobs and to promote the development of new employment opportu-
    18  nities.
    19    (c) When the information available to an  agency  is  insufficient  to
    20  enable  it  to  determine whether a rule will have a substantial adverse
    21  impact on jobs or employment opportunities, or to prepare a  job  impact
    22  statement  pursuant  to  paragraph  (b)  of this subdivision, the agency
    23  shall issue a statement indicating the information  which  it  needs  to
    24  complete  a  job impact statement and requesting the assistance of other
    25  state agencies and the public in obtaining such information.
    26    (d) An agency shall issue a revised job impact statement when:
    27    (i) [the]  it  is  necessary  to  correct  or  supplement  information
    28  presented  in  the previous statement [is] that was inadequate or incom-
    29  plete;
    30    (ii) the proposed rule contains any substantial revisions which neces-
    31  sitate that such statement be modified; or
    32    (iii) the agency has issued a statement pursuant to paragraph  (c)  of
    33  this subdivision, and has received information from other state agencies
    34  or  the  public which enable it to provide a more complete evaluation of
    35  the potential impact of the rule on jobs and employment opportunities.
    36    (e) If, after requesting the assistance of other  state  agencies  and
    37  the  public  pursuant to paragraph (c) of this subdivision, an agency is
    38  still unable to determine whether  the  rule  will  have  a  substantial
    39  adverse  impact  on  jobs and employment opportunities, it may adopt the
    40  rule. When adopting a rule pursuant to this paragraph, the agency  shall
    41  issue  a  revised job impact statement which includes information on the
    42  measures the agency took to evaluate the potential impact of the rule on
    43  jobs and employment opportunities.  No rule may be adopted  pursuant  to
    44  this paragraph if it is the subject of a statement of concurrence pursu-
    45  ant  to  subdivision  three  of  this  section until the requirements of
    46  subdivision three of this section have been met.
    47    (f) When adopting a rule on an emergency basis, an  agency  may  defer
    48  the  issuance  of  any statement pursuant to this section, provided that
    49  the statement is published in the state register within thirty  days  of
    50  the effective date of the emergency rule.
    51    (g)  When  any  statement  issued pursuant to this section exceeds two
    52  thousand words, the agency shall prepare a summary of such statement  in
    53  less  than  two  thousand words for publication in the state register in
    54  which it shall identify the website of the agency, or of  another  state
    55  entity, on which the full text of the statement has been posted.

        A. 6747                             3
     1    (h)  An agency may consider a series of closely related and simultane-
     2  ously proposed rules as one rule for the purpose of submitting a consol-
     3  idated job impact statement.
     4    (i)  Where  a rule would have a measurable impact on opportunities for
     5  self-employment, the agency shall include a discussion of such impact in
     6  any statement prepared pursuant to this section.
     7    (j) An agency shall make available the methodology and  data  or  data
     8  sources  used  to prepare any statement issued pursuant to paragraph (b)
     9  of this subdivision.
    10    3. (a) The commissioner of labor  and  the  commissioner  of  economic
    11  development  may  review  any statement issued pursuant to this section,
    12  and may consult informally with any agency preparing  such  a  statement
    13  and  advise  it on the potential impact of a rule on jobs and employment
    14  opportunities.
    15    (b) When the commissioner of labor and the  commissioner  of  economic
    16  development  concur in a determination that additional evaluation of the
    17  potential impact of a proposed rule on jobs and employment opportunities
    18  is needed to assist in  the  minimization  of  any  unnecessary  adverse
    19  impacts  of  the  rule  on  jobs or employment opportunities, they shall
    20  issue a statement of concurrence and transmit a copy of  such  statement
    21  to the agency and to the secretary of state for publication in the state
    22  register.  The statement of concurrence shall:
    23    (i)  identify each proposed rule which is the subject of the statement
    24  of concurrence;
    25    (ii) set forth the basis for the determination that additional  evalu-
    26  ation  of  the  potential  impact of the rule is needed to assist in the
    27  minimization of any unnecessary adverse impacts on  jobs  or  employment
    28  opportunities,  and,  where  relevant,  identify  each aspect of the job
    29  impact statement which is incomplete or deficient;
    30    (iii) include appropriate recommendations for additional evaluation of
    31  the impact of the rule or  of  any  measures  which  the  agency  should
    32  consider  to minimize any adverse impacts of the rule on jobs or employ-
    33  ment opportunities; and
    34    (iv) specify a time period of not more than ninety days for the agency
    35  to perform such additional evaluation or consider such recommendations.
    36    (c) An agency shall strive to perform such  additional  evaluation  or
    37  consider  such measures as are recommended in a statement of concurrence
    38  within the time period set forth therein. No agency shall adopt the rule
    39  which is the subject of the statement of concurrence until:
    40    (i) the agency has performed the additional evaluation  or  considered
    41  the measures recommended in the statement of concurrence, and has issued
    42  a revised job impact statement, which is acceptable to the commissioners
    43  of  economic  development  and labor, setting forth any changes which it
    44  will make to the rule to minimize any adverse impacts on jobs or employ-
    45  ment opportunities; or
    46    (ii) after the expiration of the time period set forth in  the  state-
    47  ment of concurrence.
    48    (d)  The  statement  of concurrence shall be considered public comment
    49  for the purpose of this article and shall be summarized and analyzed  in
    50  any assessment of public comment.
    51    4.  Nothing in this section shall be construed as preventing an agency
    52  from adopting a rule on an emergency basis at any time.
    53    5. Copies of any statement prepared pursuant to this section,  includ-
    54  ing  any  statement  of concurrence, shall be distributed as provided in
    55  subdivision six-a of section two hundred two of this article.
    56    6. For the purposes of this section:

        A. 6747                             4
     1    (a) "rule" shall mean any rule proposed or  any  rule  adopted  on  an
     2  emergency basis pursuant to this article, except for:
     3    (i) any rule defined in subparagraph (ii) of paragraph (a) of subdivi-
     4  sion two of section one hundred two of this [article] chapter;
     5    (ii)  any  rule  defined in [subdivisions ten,] subdivision eleven [or
     6  twelve] of section one hundred two of this [article] chapter; or
     7    (iii) any rule proposed or adopted by the  state  comptroller  or  the
     8  attorney general.
     9    (b)  "impact  on jobs or employment opportunities" shall mean a change
    10  in the number of jobs and employment opportunities,  including  opportu-
    11  nities  for self-employment, primarily attributable to the adoption of a
    12  rule, which would otherwise be available to the residents of  the  state
    13  in  the  two-year  period  commencing on the date the rule takes effect.
    14  "Impact on jobs or employment opportunities" shall also mean  a  signif-
    15  icant  change in employment status, including whether adoption of a rule
    16  would have a significant impact on average  wage  levels,  hours  and/or
    17  duration of employment.
    18    (c)  "substantial  adverse impact on jobs or employment opportunities"
    19  shall mean a decrease of more than one hundred full-time annual jobs and
    20  employment opportunities, including opportunities  for  self-employment,
    21  in  the  state,  or  the equivalent in part-time or seasonal employment,
    22  which would otherwise be available to the residents of the state in  the
    23  two-year period commencing on the date the rule takes effect.  "Substan-
    24  tial adverse impact on jobs or employment opportunities" shall also mean
    25  any  changes  in  the  status of such jobs and employment opportunities,
    26  including but not limited to any significant net reductions  in  average
    27  wage levels, hours and/or duration of employment, that would represent a
    28  substantial adverse impact on incomes or economic security.
    29    §  2.  Subparagraphs (vi) and (viii) of paragraph (f) of subdivision 1
    30  of section 202 of the state administrative procedure  act,  subparagraph
    31  (vi)  as  amended  by  chapter  304 of the laws of 2016 and subparagraph
    32  (viii) as amended by chapter 229 of the laws of  2000,  are  amended  to
    33  read as follows:
    34    (vi)  include  a  regulatory  impact  statement  prepared  pursuant to
    35  section two hundred two-a of this article and any job  impact  statement
    36  prepared  pursuant  to  section  two  hundred  one-a  of  this  article,
    37  provided, however, if either such statement exceeds two thousand  words,
    38  the  notice  shall include only a summary of such statement in less than
    39  two thousand words and the full text of such statement shall  be  posted
    40  on a website maintained by the agency or another state entity until such
    41  statement  is  revised  or  the proposed rule is adopted or withdrawn or
    42  expires pursuant to this article;
    43    (viii) give the name, public office address and telephone number of an
    44  agency representative, who is knowledgeable on the proposed  rule,  from
    45  whom  the  complete  text of such rule and any scientific or statistical
    46  study, report and analysis that served as the basis for the rule and any
    47  supporting data, the regulatory impact statement, the job impact  state-
    48  ment, the regulatory flexibility analysis, and the rural area flexibili-
    49  ty  analysis  may  be  obtained;  from whom information about any public
    50  hearing may be obtained; and to whom written data, views  and  arguments
    51  may be submitted; and
    52    §  3.  Subparagraphs (v) and (vii) of paragraph (c) of subdivision 4-a
    53  of section 202 of the state administrative procedure  act,  subparagraph
    54  (v)  as  amended  by  chapter  304 of the laws of 2016, and subparagraph
    55  (vii) as amended by chapter 171 of the laws of 1994, are amended to read
    56  as follows:

        A. 6747                             5
     1    (v) include a revised regulatory impact statement,  when  required  by
     2  the  provisions  of  paragraph  (b)  of  subdivision  six of section two
     3  hundred two-a of this article  and  any  revised  job  impact  statement
     4  prepared  pursuant  to  section  two  hundred  one-a  of  this  article,
     5  provided,  however, if either such statement exceeds two thousand words,
     6  the notice shall include only a summary of such statement in  less  than
     7  two  thousand  words and shall identify the website of the agency, or of
     8  another state entity, on which the complete revised text has been  post-
     9  ed;
    10    (vii)  give the name, address and telephone number of an agency repre-
    11  sentative knowledgeable on the rule, from whom the complete revised text
    12  of such rule, any revised regulatory impact statement, any  revised  job
    13  impact  statement,  any  revised regulatory flexibility analysis and any
    14  revised rural area flexibility  analysis  may  be  obtained;  from  whom
    15  information  about any additional public hearing may be obtained; and to
    16  whom written data, views and arguments may be submitted;
    17    § 4. Subparagraphs (v) and (viii) of paragraph (c) of subdivision 5 of
    18  section 202 of the state administrative procedure act, subparagraph  (v)
    19  as amended by chapter 304 of the laws of 2016 and subparagraph (viii) as
    20  amended  by  chapter  171  of  the  laws of 1994, are amended to read as
    21  follows:
    22    (v) include a revised regulatory impact statement,  when  required  by
    23  the  provisions  of  paragraph  (b)  of  subdivision  six of section two
    24  hundred two-a of this article  and  any  revised  job  impact  statement
    25  prepared  pursuant  to  section  two  hundred  one-a  of  this  article,
    26  provided, however, if either such statement exceeds two thousand  words,
    27  the  notice  shall include only a summary of such statement in less than
    28  two thousand words;
    29    (viii) give the name, public office address and telephone number of an
    30  agency representative from whom the complete text of the  rule  and  any
    31  revised  regulatory  impact  statement,  revised  job  impact statement,
    32  revised regulatory flexibility analysis, revised rural area  flexibility
    33  analysis or assessment of comments may be obtained; and
    34    § 5. Subparagraphs (viii) and (x) of paragraph (d) of subdivision 6 of
    35  section  202  of  the  state  administrative procedure act, subparagraph
    36  (viii) as added by chapter 17 of the laws  of  1984  and  renumbered  by
    37  chapter 850 of the laws of 1990 and subparagraph (x) as amended by chap-
    38  ter 171 of the laws of 1994, are amended to read as follows:
    39    (viii)  include  a  regulatory  impact  statement prepared pursuant to
    40  section two hundred two-a of this [chapter] article and any  job  impact
    41  statement  prepared  pursuant to section two hundred one-a of this arti-
    42  cle, or a statement setting forth that the regulatory  impact  statement
    43  and/or  job  impact  statement  will appear in the state register within
    44  thirty days of the effective  date  of  the  emergency  rule,  provided,
    45  however,  if [either] any such statement exceeds two thousand words, the
    46  notice shall include only a summary of such statement in less  than  two
    47  thousand words;
    48    (x)  give  the  name, public office address and telephone number of an
    49  agency representative, knowledgeable on the rule, from whom  a  complete
    50  text  of  such  rule,  the  regulatory  impact statement, the job impact
    51  statement, regulatory flexibility analysis, and the rural area flexibil-
    52  ity analysis may be obtained; from whom  information  about  any  public
    53  hearing  may  be obtained; and to whom written data, views and arguments
    54  may be submitted; and

        A. 6747                             6
     1    § 6. Paragraphs (a) and (b) of subdivision 6-a of section 202  of  the
     2  state  administrative  procedure  act,  as amended by chapter 295 of the
     3  laws of 2017, are amended to read as follows:
     4    (a) An agency shall transmit a copy of any rule making notice prepared
     5  pursuant to this article to the governor, the temporary president of the
     6  senate,  the  speaker of the assembly and the administrative regulations
     7  review commission at the time such notice is submitted to the  secretary
     8  of  state  for publication in the state register. Such transmittal shall
     9  include the complete rule text, regulatory impact statement, job  impact
    10  statement, regulatory flexibility analysis, rural area flexibility anal-
    11  ysis,  or  revisions thereof, and any other information submitted to the
    12  secretary of state pursuant to this article.
    13    (b) An agency shall make a copy of the complete text of any  proposed,
    14  adopted  or  emergency  rule,  regulatory  impact  statement, job impact
    15  statement, regulatory flexibility analysis, rural area flexibility anal-
    16  ysis, or revisions thereof available to the  public  at  the  time  such
    17  documents are submitted to the secretary of state for publication in the
    18  state  register  and  shall  send to any person a copy of such text upon
    19  written or electronic request.
    20    § 7. This act shall take effect on the first of January next  succeed-
    21  ing the date on which it shall have become a law, and shall apply to any
    22  rule  first  proposed  or adopted on an emergency basis on or after such
    23  date.
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