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S02839 Summary:

S02839 Actions:

S02839 Committee Votes:

S02839 Floor Votes:

S02839 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2839--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 29, 2019
                                       ___________
 
        Introduced  by Sens. KAPLAN, GALLIVAN -- 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 -- 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
          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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08906-02-0
        S. 2839--A                          2
 
     1  tunities, or will have no impact on jobs and  employment  opportunities.
     2  Except  where it is evident from the subject matter of the rule that the
     3  rule could only have a positive impact or no impact on jobs and  employ-
     4  ment  opportunities,  the agency shall include in the statement prepared
     5  pursuant to this paragraph a summary of the information and  methodology
     6  underlying its determination.
     7    (b)  When  it is apparent from the nature and purpose of the rule that
     8  it may have a substantial adverse impact on jobs or employment  opportu-
     9  nities,  the  agency  shall  issue a job impact statement which contains
    10  information on:
    11    (i) the nature of the impact the rule will have on jobs and employment
    12  opportunities;
    13    (ii) the categories of jobs or employment  opportunities  affected  by
    14  the rule;
    15    (iii)  the  approximate  number  of  jobs  or employment opportunities
    16  affected in each category;
    17    (iv) any region of the state where the rule would  have  a  dispropor-
    18  tionate adverse impact on jobs or employment opportunities; and
    19    (v)  any measures which the agency [has taken] or other state agencies
    20  deemed to have a significant impact have taken or could take to minimize
    21  any unnecessary adverse impacts on existing  jobs  and  to  promote  the
    22  development of new employment opportunities.
    23    (c)  When  the  information  available to an agency is insufficient to
    24  enable it to determine whether a rule will have  a  substantial  adverse
    25  impact  on  jobs or employment opportunities, or to prepare a job impact
    26  statement pursuant to paragraph (b)  of  this  subdivision,  the  agency
    27  shall  issue  a  statement  indicating the information which it needs to
    28  complete a job impact statement and requesting the assistance  of  other
    29  state agencies and the public in obtaining such information.
    30    (d) An agency shall issue a revised job impact statement when:
    31    (i)  [the]  it  is  necessary  to  correct  or  supplement information
    32  presented in the previous statement [is] that was inadequate  or  incom-
    33  plete;
    34    (ii) the proposed rule contains any substantial revisions which neces-
    35  sitate that such statement be modified; or
    36    (iii)  the  agency has issued a statement pursuant to paragraph (c) of
    37  this subdivision, and has received information from other state agencies
    38  or the public which enable it to provide a more complete  evaluation  of
    39  the potential impact of the rule on jobs and employment opportunities.
    40    (e)  If,  after  requesting the assistance of other state agencies and
    41  the public pursuant to paragraph (c) of this subdivision, an  agency  is
    42  still  unable  to  determine  whether  the  rule will have a substantial
    43  adverse impact on jobs and employment opportunities, it  may  adopt  the
    44  rule.  When adopting a rule pursuant to this paragraph, the agency shall
    45  issue a revised job impact statement which includes information  on  the
    46  measures the agency took to evaluate the potential impact of the rule on
    47  jobs  and  employment opportunities.  No rule may be adopted pursuant to
    48  this paragraph if it is the subject of a statement of concurrence pursu-
    49  ant to subdivision three of  this  section  until  the  requirements  of
    50  subdivision three of this section have been met.
    51    (f)  When  adopting  a rule on an emergency basis, an agency may defer
    52  the issuance of any statement pursuant to this  section,  provided  that
    53  the  statement  is published in the state register within thirty days of
    54  the effective date of the emergency rule.
    55    (g) When any statement issued pursuant to  this  section  exceeds  two
    56  thousand  words, the agency shall prepare a summary of such statement in
        S. 2839--A                          3
 
     1  less than two thousand words for publication in the  state  register  in
     2  which  it  shall identify the website of the agency, or of another state
     3  entity, on which the full text of the statement has been posted.
     4    (h)  An agency may consider a series of closely related and simultane-
     5  ously proposed rules as one rule for the purpose of submitting a consol-
     6  idated job impact statement.
     7    (i) Where a rule would have a measurable impact on  opportunities  for
     8  self-employment, the agency shall include a discussion of such impact in
     9  any statement prepared pursuant to this section.
    10    (j)  An  agency  shall make available the methodology and data or data
    11  sources used to prepare any statement issued pursuant to  paragraph  (b)
    12  of this subdivision.
    13    3.  (a)  The  commissioner  of  labor and the commissioner of economic
    14  development may review any statement issued pursuant  to  this  section,
    15  and  may  consult  informally with any agency preparing such a statement
    16  and advise it on the potential impact of a rule on jobs  and  employment
    17  opportunities.
    18    (b)  When  the  commissioner of labor and the commissioner of economic
    19  development concur in a determination that additional evaluation of  the
    20  potential impact of a proposed rule on jobs and employment opportunities
    21  is  needed  to  assist  in  the  minimization of any unnecessary adverse
    22  impacts of the rule on jobs  or  employment  opportunities,  they  shall
    23  issue  a  statement of concurrence and transmit a copy of such statement
    24  to the agency and to the secretary of state for publication in the state
    25  register.  The statement of concurrence shall:
    26    (i) identify each proposed rule which is the subject of the  statement
    27  of concurrence;
    28    (ii)  set forth the basis for the determination that additional evalu-
    29  ation of the potential impact of the rule is needed  to  assist  in  the
    30  minimization  of  any  unnecessary adverse impacts on jobs or employment
    31  opportunities, and, where relevant, identify  each  aspect  of  the  job
    32  impact statement which is incomplete or deficient;
    33    (iii) include appropriate recommendations for additional evaluation of
    34  the  impact  of  the  rule  or  of  any measures which the agency should
    35  consider to minimize any adverse impacts of the rule on jobs or  employ-
    36  ment opportunities; and
    37    (iv) specify a time period of not more than ninety days for the agency
    38  to perform such additional evaluation or consider such recommendations.
    39    (c)  An  agency  shall strive to perform such additional evaluation or
    40  consider such measures as are recommended in a statement of  concurrence
    41  within the time period set forth therein. No agency shall adopt the rule
    42  which is the subject of the statement of concurrence until:
    43    (i)  the  agency has performed the additional evaluation or considered
    44  the measures recommended in the statement of concurrence, and has issued
    45  a revised job impact statement, which is acceptable to the commissioners
    46  of economic development and labor, setting forth any  changes  which  it
    47  will make to the rule to minimize any adverse impacts on jobs or employ-
    48  ment opportunities; or
    49    (ii)  after  the expiration of the time period set forth in the state-
    50  ment of concurrence.
    51    (d) The statement of concurrence shall be  considered  public  comment
    52  for  the purpose of this article and shall be summarized and analyzed in
    53  any assessment of public comment.
    54    4. Nothing in this section shall be construed as preventing an  agency
    55  from adopting a rule on an emergency basis at any time.
        S. 2839--A                          4

     1    5.  Copies of any statement prepared pursuant to this section, includ-
     2  ing any statement of concurrence, shall be distributed  as  provided  in
     3  subdivision six-a of section two hundred two of this article.
     4    6. For the purposes of this section:
     5    (a)  "rule"  shall  mean  any  rule proposed or any rule adopted on an
     6  emergency basis pursuant to this article, except for:
     7    (i) any rule defined in subparagraph (ii) of paragraph (a) of subdivi-
     8  sion two of section one hundred two of this [article] chapter;
     9    (ii) any rule defined in [subdivisions ten,]  subdivision  eleven  [or
    10  twelve] of section one hundred two of this [article] chapter; or
    11    (iii)  any  rule  proposed  or adopted by the state comptroller or the
    12  attorney general.
    13    (b) "impact on jobs or employment opportunities" shall mean  a  change
    14  in  the  number of jobs and employment opportunities, including opportu-
    15  nities for self-employment, primarily attributable to the adoption of  a
    16  rule,  which  would otherwise be available to the residents of the state
    17  in the two-year period commencing on the date  the  rule  takes  effect.
    18  "Impact  on  jobs or employment opportunities" shall also mean a signif-
    19  icant change in employment status, including whether adoption of a  rule
    20  would  have  a  significant  impact on average wage levels, hours and/or
    21  duration of employment.
    22    (c) "substantial adverse impact on jobs or  employment  opportunities"
    23  shall mean a decrease of more than one hundred full-time annual jobs and
    24  employment  opportunities,  including opportunities for self-employment,
    25  in the state, or the equivalent in  part-time  or  seasonal  employment,
    26  which  would otherwise be available to the residents of the state in the
    27  two-year period commencing on the date the rule takes effect.  "Substan-
    28  tial adverse impact on jobs or employment opportunities" shall also mean
    29  any changes in the status of such  jobs  and  employment  opportunities,
    30  including  but  not limited to any significant net reductions in average
    31  wage levels, hours and/or duration of employment, that would represent a
    32  substantial adverse impact on incomes or economic security.
    33    § 2. Subparagraphs (vi) and (viii) of paragraph (f) of  subdivision  1
    34  of  section  202 of the state administrative procedure act, subparagraph
    35  (vi) as amended by chapter 304 of the  laws  of  2016  and  subparagraph
    36  (viii)  as  amended  by  chapter 229 of the laws of 2000, are amended to
    37  read as follows:
    38    (vi) include  a  regulatory  impact  statement  prepared  pursuant  to
    39  section  two  hundred two-a of this article and any job impact statement
    40  prepared  pursuant  to  section  two  hundred  one-a  of  this  article,
    41  provided,  however, if either such statement exceeds two thousand words,
    42  the notice shall include only a summary of such statement in  less  than
    43  two  thousand  words and the full text of such statement shall be posted
    44  on a website maintained by the agency or another state entity until such
    45  statement is revised or the proposed rule is  adopted  or  withdrawn  or
    46  expires pursuant to this article;
    47    (viii) give the name, public office address and telephone number of an
    48  agency  representative,  who is knowledgeable on the proposed rule, from
    49  whom the complete text of such rule and any  scientific  or  statistical
    50  study, report and analysis that served as the basis for the rule and any
    51  supporting  data, the regulatory impact statement, the job impact state-
    52  ment, the regulatory flexibility analysis, and the rural area flexibili-
    53  ty analysis may be obtained; from  whom  information  about  any  public
    54  hearing  may  be obtained; and to whom written data, views and arguments
    55  may be submitted; and
        S. 2839--A                          5
 
     1    § 3.  Subparagraphs (v) and (vii) of paragraph (c) of subdivision  4-a
     2  of  section  202 of the state administrative procedure act, subparagraph
     3  (v) as amended by chapter 304 of the  laws  of  2016,  and  subparagraph
     4  (vii) as amended by chapter 171 of the laws of 1994, are amended to read
     5  as follows:
     6    (v)  include  a  revised regulatory impact statement, when required by
     7  the provisions of paragraph  (b)  of  subdivision  six  of  section  two
     8  hundred  two-a  of  this  article  and  any revised job impact statement
     9  prepared  pursuant  to  section  two  hundred  one-a  of  this  article,
    10  provided,  however, if either such statement exceeds two thousand words,
    11  the notice shall include only a summary of such statement in  less  than
    12  two  thousand  words and shall identify the website of the agency, or of
    13  another state entity, on which the complete revised text has been  post-
    14  ed;
    15    (vii)  give the name, address and telephone number of an agency repre-
    16  sentative knowledgeable on the rule, from whom the complete revised text
    17  of such rule, any revised regulatory impact statement, any  revised  job
    18  impact  statement,  any  revised regulatory flexibility analysis and any
    19  revised rural area flexibility  analysis  may  be  obtained;  from  whom
    20  information  about any additional public hearing may be obtained; and to
    21  whom written data, views and arguments may be submitted;
    22    § 4. Subparagraphs (v) and (viii) of paragraph (c) of subdivision 5 of
    23  section 202 of the state administrative procedure act, subparagraph  (v)
    24  as amended by chapter 304 of the laws of 2016 and subparagraph (viii) as
    25  amended  by  chapter  171  of  the  laws of 1994, are amended to read as
    26  follows:
    27    (v) include a revised regulatory impact statement,  when  required  by
    28  the  provisions  of  paragraph  (b)  of  subdivision  six of section two
    29  hundred two-a of this article  and  any  revised  job  impact  statement
    30  prepared  pursuant  to  section  two  hundred  one-a  of  this  article,
    31  provided, however, if either such statement exceeds two thousand  words,
    32  the  notice  shall include only a summary of such statement in less than
    33  two thousand words;
    34    (viii) give the name, public office address and telephone number of an
    35  agency representative from whom the complete text of the  rule  and  any
    36  revised  regulatory  impact  statement,  revised  job  impact statement,
    37  revised regulatory flexibility analysis, revised rural area  flexibility
    38  analysis or assessment of comments may be obtained; and
    39    § 5. Subparagraphs (viii) and (x) of paragraph (d) of subdivision 6 of
    40  section  202  of  the  state  administrative procedure act, subparagraph
    41  (viii) as added by chapter 17 of the laws  of  1984  and  renumbered  by
    42  chapter 850 of the laws of 1990 and subparagraph (x) as amended by chap-
    43  ter 171 of the laws of 1994, are amended to read as follows:
    44    (viii)  include  a  regulatory  impact  statement prepared pursuant to
    45  section two hundred two-a of this [chapter] article and any  job  impact
    46  statement  prepared  pursuant to section two hundred one-a of this arti-
    47  cle, or a statement setting forth that the regulatory  impact  statement
    48  and/or  job  impact  statement  will appear in the state register within
    49  thirty days of the effective  date  of  the  emergency  rule,  provided,
    50  however,  if [either] any such statement exceeds two thousand words, the
    51  notice shall include only a summary of such statement in less  than  two
    52  thousand words;
    53    (x)  give  the  name, public office address and telephone number of an
    54  agency representative, knowledgeable on the rule, from whom  a  complete
    55  text  of  such  rule,  the  regulatory  impact statement, the job impact
    56  statement, regulatory flexibility analysis, and the rural area flexibil-
        S. 2839--A                          6
 
     1  ity analysis may be obtained; from whom  information  about  any  public
     2  hearing  may  be obtained; and to whom written data, views and arguments
     3  may be submitted; and
     4    §  6.  Paragraphs (a) and (b) of subdivision 6-a of section 202 of the
     5  state administrative procedure act, as amended by  chapter  512  of  the
     6  laws of 2019, are amended to read as follows:
     7    (a) An agency shall transmit a copy of any rule making notice prepared
     8  pursuant to this article to the governor, the temporary president of the
     9  senate,  the  speaker of the assembly and the administrative regulations
    10  review commission at the time such notice is submitted to the  secretary
    11  of  state  for publication in the state register. Such transmittal shall
    12  include the complete rule text, regulatory impact statement, job  impact
    13  statement, regulatory flexibility analysis, rural area flexibility anal-
    14  ysis,  or  revisions thereof, and any other information submitted to the
    15  secretary of state pursuant to this article. Furthermore, such transmit-
    16  tal may be completed by electronic  means  in  accordance  with  article
    17  three of the state technology law.
    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, in written or electronic forms, to
    22  the  public at the time such documents are submitted to the secretary of
    23  state for publication in the state register and shall send to any person
    24  a copy of such text upon 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.