Bill Text: NY S03751 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to improving evaluations of the potential impact of rules on jobs and employment opportunities.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2018-02-27 - referred to governmental operations [S03751 Detail]
Download: New_York-2017-S03751-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3751--A Cal. No. 100 2017-2018 Regular Sessions IN SENATE January 26, 2017 ___________ Introduced by Sens. MURPHY, PHILLIPS -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Econom- ic Development and Small Business -- recommitted to the Committee on Commerce, Economic Development and Small Business in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07809-03-8S. 3751--A 2 1 appropriate, such statement shall indicate that the agency has deter- 2 mined the rule will have a positive impact on jobs and employment oppor- 3 tunities, or will have no impact on jobs and employment opportunities. 4 Except where it is evident from the subject matter of the rule that the 5 rule could only have a positive impact or no impact on jobs and employ- 6 ment opportunities, the agency shall include in the statement prepared 7 pursuant to this paragraph a summary of the information and methodology 8 underlying its determination. 9 (b) When it is apparent from the nature and purpose of the rule that 10 it may have a substantial adverse impact on jobs or employment opportu- 11 nities, the agency shall issue a job impact statement which contains 12 information on: 13 (i) the nature of the impact the rule will have on jobs and employment 14 opportunities; 15 (ii) the categories of jobs or employment opportunities affected by 16 the rule; 17 (iii) the approximate number of jobs or employment opportunities 18 affected in each category; 19 (iv) any region of the state where the rule would have a dispropor- 20 tionate adverse impact on jobs or employment opportunities; and 21 (v) any measures which the agency [has taken] or other state agencies 22 have taken or could take to minimize any unnecessary adverse impacts on 23 existing jobs and to promote the development of new employment opportu- 24 nities. 25 (c) When the information available to an agency is insufficient to 26 enable it to determine whether a rule will have a substantial adverse 27 impact on jobs or employment opportunities, or to prepare a job impact 28 statement pursuant to paragraph (b) of this subdivision, the agency 29 shall issue a statement indicating the information which it needs to 30 complete a job impact statement and requesting the assistance of other 31 state agencies and the public in obtaining such information. 32 (d) An agency shall issue a revised job impact statement when: 33 (i) [the] it is necessary to correct or supplement information 34 presented in the previous statement [is] that was inadequate or incom- 35 plete; 36 (ii) the proposed rule contains any substantial revisions which neces- 37 sitate that such statement be modified; or 38 (iii) the agency has issued a statement pursuant to paragraph (c) of 39 this subdivision, and has received information from other state agencies 40 or the public which enable it to provide a more complete evaluation of 41 the potential impact of the rule on jobs and employment opportunities. 42 (e) If, after requesting the assistance of other state agencies and 43 the public pursuant to paragraph (c) of this subdivision, an agency is 44 still unable to determine whether the rule will have a substantial 45 adverse impact on jobs and employment opportunities, it may adopt the 46 rule. When adopting a rule pursuant to this paragraph, the agency shall 47 issue a revised job impact statement which includes information on the 48 measures the agency took to evaluate the potential impact of the rule on 49 jobs and employment opportunities. No rule may be adopted pursuant to 50 this paragraph if it is the subject of a statement of concurrence pursu- 51 ant to subdivision three of this section until the requirements of 52 subdivision three of this section have been met. 53 (f) When adopting a rule on an emergency basis, an agency may defer 54 the issuance of any statement pursuant to this section, provided that 55 the statement is published in the state register within thirty days of 56 the effective date of the emergency rule.S. 3751--A 3 1 (g) When any statement issued pursuant to this section exceeds two 2 thousand words, the agency shall prepare a summary of such statement in 3 less than two thousand words for publication in the state register in 4 which it shall identify the website of the agency, or of another state 5 entity, on which the full text of the statement has been posted. 6 (h) An agency may consider a series of closely related and simultane- 7 ously proposed rules as one rule for the purpose of submitting a consol- 8 idated job impact statement. 9 (i) Where a rule would have a measurable impact on opportunities for 10 self-employment, the agency shall include a discussion of such impact in 11 any statement prepared pursuant to this section. 12 (j) An agency shall make available the methodology and data or data 13 sources used to prepare any statement issued pursuant to paragraph (b) 14 of subdivision two of this section. 15 3. (a) The commissioner of labor and the commissioner of economic 16 development may review any statement issued pursuant to this section, 17 and may consult informally with any agency preparing such a statement 18 and advise it on the potential impact of a rule on jobs and employment 19 opportunities. 20 (b) When the commissioner of labor and the commissioner of economic 21 development concur in a determination that additional evaluation of the 22 potential impact of a proposed rule on jobs and employment opportunities 23 is needed to assist in the minimization of any unnecessary adverse 24 impacts of the rule on jobs or employment opportunities, they shall 25 issue a statement of concurrence and transmit a copy of such statement 26 to the agency and to the secretary of state for publication in the state 27 register. The statement of concurrence shall: 28 (i) identify each proposed rule which is the subject of the statement 29 of concurrence; 30 (ii) set forth the basis for the determination that additional evalu- 31 ation of the potential impact of the rule is needed to assist in the 32 minimization of any unnecessary adverse impacts on jobs or employment 33 opportunities, and, where relevant, identify each aspect of the job 34 impact statement which is incomplete or deficient; 35 (iii) include appropriate recommendations for additional evaluation of 36 the impact of the rule or of any measures which the agency should 37 consider to minimize any adverse impacts of the rule on jobs or employ- 38 ment opportunities; and 39 (iv) specify a time period of not more than ninety days for the agency 40 to perform such additional evaluation or consider such recommendations. 41 (c) An agency shall strive to perform such additional evaluation or 42 consider such measures as are recommended in a statement of concurrence 43 within the time period set forth therein. No agency shall adopt the rule 44 which is the subject of the statement of concurrence until: 45 (i) the agency has performed the additional evaluation or considered 46 the measures recommended in the statement of concurrence, and has issued 47 a revised job impact statement, which is acceptable to the commissioners 48 of economic development and labor, setting forth any changes which it 49 will make to the rule to minimize any adverse impacts on jobs or employ- 50 ment opportunities; or 51 (ii) after the expiration of the time period set forth in the state- 52 ment of concurrence. 53 (d) The statement of concurrence shall be considered public comment 54 for the purpose of this article and shall be summarized and analyzed in 55 any assessment of public comment.S. 3751--A 4 1 4. Nothing in this section shall be construed as preventing an agency 2 from adopting a rule on an emergency basis at any time. 3 5. Copies of any statement prepared pursuant to this section, includ- 4 ing any statement of concurrence, shall be distributed as provided in 5 subdivision six-a of section two hundred two of this article. 6 6. For the purposes of this section: 7 (a) "rule" shall mean any rule proposed or any rule adopted on an 8 emergency basis pursuant to this article, except for: 9 (i) any rule defined in subparagraph (ii) of paragraph (a) of subdivi- 10 sion two of section one hundred two of this [article] chapter; 11 (ii) any rule defined in [subdivisions ten,] subdivision eleven [or12twelve] of section one hundred two of this [article] chapter; or 13 (iii) any rule proposed or adopted by the state comptroller or the 14 attorney general. 15 (b) "impact on jobs or employment opportunities" shall mean a change 16 in the number of jobs and employment opportunities, including opportu- 17 nities for self-employment, primarily attributable to the adoption of a 18 rule, which would otherwise be available to the residents of the state 19 in the two-year period commencing on the date the rule takes effect. 20 "Impact on jobs or employment opportunities" shall also mean a signif- 21 icant change in employment status, including whether adoption of a rule 22 would have a significant impact on average wage levels, hours and/or 23 duration of employment. 24 (c) "substantial adverse impact on jobs or employment opportunities" 25 shall mean a decrease of more than one hundred full-time annual jobs and 26 employment opportunities, including opportunities for self-employment, 27 in the state, or the equivalent in part-time or seasonal employment, 28 which would otherwise be available to the residents of the state in the 29 two-year period commencing on the date the rule takes effect. "Substan- 30 tial adverse impact on jobs or employment opportunities" shall also mean 31 any changes in the status of such jobs and employment opportunities, 32 including but not limited to any significant net reductions in average 33 wage levels, hours and/or duration of employment, that would represent a 34 substantial adverse impact on incomes or economic security. 35 § 2. Subparagraphs (vi) and (viii) of paragraph (f) of subdivision 1 36 of section 202 of the state administrative procedure act, subparagraph 37 (vi) as amended by chapter 304 of the laws of 2016 and subparagraph 38 (viii) as amended by chapter 229 of the laws of 2000, are amended to 39 read as follows: 40 (vi) include a regulatory impact statement prepared pursuant to 41 section two hundred two-a of this article and any job impact statement 42 prepared pursuant to section two hundred one-a of this article, 43 provided, however, if either such statement exceeds two thousand words, 44 the notice shall include only a summary of such statement in less than 45 two thousand words and the full text of such statement shall be posted 46 on a website maintained by the agency or another state entity until such 47 statement is revised or the proposed rule is adopted or withdrawn or 48 expires pursuant to this article; 49 (viii) give the name, public office address and telephone number of an 50 agency representative, who is knowledgeable on the proposed rule, from 51 whom the complete text of such rule and any scientific or statistical 52 study, report and analysis that served as the basis for the rule and any 53 supporting data, the regulatory impact statement, the job impact state- 54 ment, the regulatory flexibility analysis, and the rural area flexibili- 55 ty analysis may be obtained; from whom information about any publicS. 3751--A 5 1 hearing may be obtained; and to whom written data, views and arguments 2 may be submitted; and 3 § 3. Subparagraphs (v) and (vii) of paragraph (c) of subdivision 4-a 4 of section 202 of the state administrative procedure act, subparagraph 5 (v) as amended by chapter 304 of the laws of 2016, and subparagraph 6 (vii) as amended by chapter 171 of the laws of 1994, are amended to read 7 as follows: 8 (v) include a revised regulatory impact statement, when required by 9 the provisions of paragraph (b) of subdivision six of section two 10 hundred two-a of this article and any revised job impact statement 11 prepared pursuant to section two hundred one-a of this article, 12 provided, however, if either such statement exceeds two thousand words, 13 the notice shall include only a summary of such statement in less than 14 two thousand words and shall identify the website of the agency, or of 15 another state entity, on which the complete revised text has been post- 16 ed; 17 (vii) give the name, address and telephone number of an agency repre- 18 sentative knowledgeable on the rule, from whom the complete revised text 19 of such rule, any revised regulatory impact statement, any revised job 20 impact statement, any revised regulatory flexibility analysis and any 21 revised rural area flexibility analysis may be obtained; from whom 22 information about any additional public hearing may be obtained; and to 23 whom written data, views and arguments may be submitted; 24 § 4. Subparagraphs (v) and (viii) of paragraph (c) of subdivision 5 of 25 section 202 of the state administrative procedure act, subparagraph (v) 26 as amended by chapter 304 of the laws of 2016 and subparagraph (viii) as 27 amended by chapter 171 of the laws of 1994, are amended to read as 28 follows: 29 (v) include a revised regulatory impact statement, when required by 30 the provisions of paragraph (b) of subdivision six of section two 31 hundred two-a of this article and any revised job impact statement 32 prepared pursuant to section two hundred one-a of this article, 33 provided, however, if either such statement exceeds two thousand words, 34 the notice shall include only a summary of such statement in less than 35 two thousand words; 36 (viii) give the name, public office address and telephone number of an 37 agency representative from whom the complete text of the rule and any 38 revised regulatory impact statement, revised job impact statement, 39 revised regulatory flexibility analysis, revised rural area flexibility 40 analysis or assessment of comments may be obtained; and 41 § 5. Subparagraphs (viii) and (x) of paragraph (d) of subdivision 6 of 42 section 202 of the state administrative procedure act, subparagraph 43 (viii) as added by chapter 17 of the laws of 1984 and renumbered by 44 chapter 850 of the laws of 1990 and subparagraph (x) as amended by chap- 45 ter 171 of the laws of 1994, are amended to read as follows: 46 (viii) include a regulatory impact statement prepared pursuant to 47 section two hundred two-a of this [chapter] article and any job impact 48 statement prepared pursuant to section two hundred one-a of this arti- 49 cle, or a statement setting forth that the regulatory impact statement 50 and/or job impact statement will appear in the state register within 51 thirty days of the effective date of the emergency rule, provided, 52 however, if [either] any such statement exceeds two thousand words, the 53 notice shall include only a summary of such statement in less than two 54 thousand words; 55 (x) give the name, public office address and telephone number of an 56 agency representative, knowledgeable on the rule, from whom a completeS. 3751--A 6 1 text of such rule, the regulatory impact statement, the job impact 2 statement, regulatory flexibility analysis, and the rural area flexibil- 3 ity analysis may be obtained; from whom information about any public 4 hearing may be obtained; and to whom written data, views and arguments 5 may be submitted; and 6 § 6. Paragraphs (a) and (b) of subdivision 6-a of section 202 of the 7 state administrative procedure act, as amended by chapter 295 of the 8 laws of 2017, are amended to read as follows: 9 (a) An agency shall transmit a copy of any rule making notice prepared 10 pursuant to this article to the governor, the temporary president of the 11 senate, the speaker of the assembly and the administrative regulations 12 review commission at the time such notice is submitted to the secretary 13 of state for publication in the state register. Such transmittal shall 14 include the complete rule text, regulatory impact statement, job impact 15 statement, regulatory flexibility analysis, rural area flexibility anal- 16 ysis, or revisions thereof, and any other information submitted to the 17 secretary of state pursuant to this article. 18 (b) An agency shall make a copy of the complete text of any proposed, 19 adopted or emergency rule, regulatory impact statement, job impact 20 statement, regulatory flexibility analysis, rural area flexibility anal- 21 ysis, or revisions thereof available to the public at the time such 22 documents are submitted to the secretary of state for publication in the 23 state register and shall send to any person a copy of such text upon 24 written or electronic request. 25 § 7. This act shall take effect on the first of January next succeed- 26 ing the date on which it shall have become a law, and shall apply to any 27 rule first proposed or adopted on an emergency basis on or after such 28 date.
