Bill Text: NY A07733 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to consideration of the potential impacts of a proposed rule on small businesses and local governments; requires additional efforts to notify interested small businesses or local governments and/or organizations representing their interests of proposed rules.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A07733 Detail]

Download: New_York-2023-A07733-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7733

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      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:

     1    Section 1. Subdivisions 2 and 6 of section 202-b of the state adminis-
     2  trative  procedure  act,  as amended by chapter 611 of the laws of 1996,
     3  paragraphs (e) and (f) of subdivision 2 as relettered by chapter  16  of
     4  the laws of 2020, the opening paragraph and paragraph (b) of subdivision
     5  6  as amended by chapter 577 of the laws of 2019, are amended to read as
     6  follows:
     7    2. In proposing a rule for adoption or in adopting a rule on an  emer-
     8  gency  basis,  the  agency shall issue a regulatory flexibility analysis
     9  regarding the rule being proposed for adoption  or  the  emergency  rule
    10  being  adopted. A copy of such analysis and any finding, and reasons for
    11  such finding, pursuant to subdivision three of this  section,  shall  be
    12  submitted  to  the  governor, the temporary president of the senate, the
    13  speaker of the assembly[, the office of business permits and  regulatory
    14  assistance]  and the administrative regulations review commission at the
    15  time such analysis is submitted to the secretary of state  for  publica-
    16  tion  and,  upon  written  request,  a  copy  shall be sent to any other
    17  person. Each regulatory flexibility analysis shall contain:
    18    (a) a description of the types and an estimate of the number of  small
    19  businesses and local governments to which the rule will apply;
    20    (b)  a  description  of  (i)  the  reporting,  recordkeeping and other
    21  compliance requirements of the rule, and (ii) the kinds of  professional
    22  services  that a small business or local government is likely to need in
    23  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

     1    (c) an estimate of the initial capital costs and an  estimate  of  the
     2  annual cost of complying with the rule, with an indication of any likely
     3  variation  in  such  costs  for small businesses or local governments of
     4  different types and of differing sizes;
     5    (d)  an  assessment  of  the economic and technological feasibility of
     6  compliance with such rule by small businesses and local governments;
     7    (e) an indication of how the rule is designed to minimize any  compli-
     8  ance  requirements  or any adverse economic impact of such rule on small
     9  businesses and local governments, including information regarding wheth-
    10  er the approaches suggested in subdivision one of this section or  other
    11  similar  approaches were considered and were incorporated into the rule,
    12  or the reason or reasons why any such  approaches  were  considered  but
    13  were not incorporated into the rule; and
    14    (f)  a  statement indicating how the agency has complied with subdivi-
    15  sion six of this section other than publication in  the  state  register
    16  and posting on the agency's website or with any other measures the agen-
    17  cy  is  required  by  law  to  undertake,  and listing or describing the
    18  following actions taken or explaining why such action was deemed  to  be
    19  infeasible  or  unnecessary:  (i)  any  publication  or publicization of
    20  notices or alerts to small businesses or local governments regarding the
    21  rule; (ii) any efforts to directly notify interested small businesses or
    22  local governments and/or  organizations  representing  their  interests;
    23  (iii)  any  special open conferences or webinars concerning the proposed
    24  rule that were conducted for  small  businesses  and  local  governments
    25  affected  by  the  rule;  or  (iv) any modification to agency procedural
    26  rules or other actions undertaken to facilitate the receipt of  informa-
    27  tion  and  concerns regarding the rule from affected small businesses or
    28  local governments.
    29    6. When any rule is proposed for which a regulatory flexibility analy-
    30  sis is required, the agency shall assure that it has actively  solicited
    31  the  participation of small businesses and local governments in the rule
    32  making through activities in addition to publication in the state regis-
    33  ter and posting on the agency's website, such as:
    34    (a) the publication of a general notice for the proposed  rule  making
    35  in  publications  likely  to  be  obtained by small businesses and local
    36  governments of the types affected by the proposed rule, and/or  publici-
    37  zation  of the intended rule making by means of any social media site or
    38  online resource commonly used by small businesses or  local  governments
    39  affected by the rule;
    40    (b)  the  direct notification of interested small businesses and local
    41  governments affected by the proposed rule or organizations  representing
    42  the interests of such entities;
    43    (c) the conduct of special open conferences or webinars concerning the
    44  proposed rule for small businesses and local governments affected by the
    45  rule; and
    46    (d)  the adoption or modification of agency procedural rules to reduce
    47  the cost or complexity of participation in  the  rule  making  by  small
    48  businesses and local governments.
    49    § 2. This act shall take effect on the one hundred twentieth day after
    50  it  shall have become a law. Effective immediately, the addition, amend-
    51  ment and/or repeal of any rule or regulation necessary for the implemen-
    52  tation of  this  act on  its  effective   date   are   authorized to  be
    53  made and completed on or before such effective date.