Bill Text: NY S00028 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to the provision of regulatory information to small businesses through the establishment of a small business regulatory nexus by certain agencies.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-04-04 - referred to governmental operations [S00028 Detail]
Download: New_York-2021-S00028-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 28--A 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. KAPLAN, HELMING, HINCHEY, JORDAN, MARTUCCI, RATH, STEC, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business -- recommitted to the Committee on Commerce, Economic Development and Small Business in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state administrative procedure act, in relation to the provision of regulatory information to small businesses through the establishment of a small business regulatory nexus by certain agencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The state administrative procedure act is amended by adding 2 a new section 102-c to read as follows: 3 § 102-c. Small business regulatory nexus. 1. Each agency with a 4 substantial regulatory impact on small businesses shall establish and 5 maintain a section on its website to be designated the "small business 6 regulatory nexus" of such agency. An agency shall be deemed to have a 7 substantial regulatory impact on small businesses if it: (a) has posted 8 two or more small business regulation guides pursuant to section one 9 hundred two-a of this article; (b) has issued five or more regulatory 10 flexibility analyses in the past three calendar years; or (c) has been 11 established after the effective date of this section and has issued a 12 regulatory flexibility analysis, provided that the small business regu- 13 latory nexus shall be established within one hundred twenty days after 14 the date on which such initial regulatory flexibility analysis is 15 published in the state register. An agency that has issued regulatory 16 flexibility analyses solely to address adverse impacts or compliance EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01069-02-2S. 28--A 2 1 requirements on local governments shall designate such section of its 2 website as a "local government regulatory nexus". 3 2. (a) The small business regulatory nexus shall include the following 4 information or direct links to such information: 5 (i) the rules of the agency, identifying the applicability of any such 6 rules to specific categories of small businesses or local governments; 7 (ii) any regulation guides posted by the agency; 8 (iii) all guidance documents posted on the agency website pursuant to 9 subdivision two of section two hundred two-e of this chapter that are 10 applicable to small businesses and local governments; 11 (iv) each notice of proposed rule making and notice of revised rule 12 making for which a regulatory flexibility analysis has been issued that 13 is currently under consideration by the agency, and each notice of emer- 14 gency adoption for a currently effective emergency rule for which a 15 regulatory flexibility analysis has been prepared or is being prepared 16 by the agency; 17 (v) the most recent regulatory agenda published by the agency, if any, 18 including the identification of each rule which may require a regulatory 19 flexibility analysis and of any rules currently under review by the 20 agency pursuant to section two hundred seven of this chapter; 21 (vi) the plain language summary prepared by the agency pursuant to 22 subdivision two of section three hundred one of this chapter for any 23 adjudicatory proceedings applicable to small businesses or local govern- 24 ments, and any streamlined optional adjudicatory proceedings for small 25 businesses adopted by the agency pursuant to section three hundred eight 26 of this chapter; 27 (vii) a description of any compliance assistance program offered by 28 the agency to small businesses or local governments, and of any such 29 programs that are known by the agency to be offered by other state, 30 local or Federal agencies to categories of small businesses or local 31 governments impacted by the regulations of the agency, including but not 32 limited to the small business pollution prevention and environmental 33 compliance assistance program provided pursuant to section 28-0109 of 34 the environmental conservation law and the small business pollution 35 prevention and environmental compliance ombudsman program provided 36 pursuant to section one hundred thirty-eight of the economic development 37 law; and 38 (viii) any other information that the agency deems useful to small 39 businesses or local governments. 40 (b) The small business regulatory nexus shall provide interactive 41 opportunities for a small business or local government to provide feed- 42 back, obtain additional information or seek assistance in complying with 43 agency regulations, and shall include information on how to contact 44 members of agency staff who are knowledgeable on regulatory programs of 45 the agency and can provide further information. 46 § 2. This act shall take effect immediately; provided, however, that 47 any agency to which the provisions of this act apply on such date shall 48 establish a small business regulatory nexus within 120 days after such 49 effective date.
