A00846 Summary:

COSPNSRZebrowski, Cahill, Galef, Glick, Blake, Dickens, Colton, Schimminger, Ortiz, Jaffee, Lavine, Thiele, D'Urso, Jean-Pierre, Crespo, Friend
MLTSPNSRCook, DiPietro, Englebright, Hyndman, Nolan, Simon
Add 102-b, St Ad Proc Act
Relates to the provision of regulatory information to small businesses through the establishment of a small business regulatory nexus by certain agencies.
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A00846 Actions:

01/11/2019referred to governmental operations
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A00846 Committee Votes:

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A00846 Floor Votes:

There are no votes for this bill in this legislative session.
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A00846 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
        Introduced  by M. of A. SIMOTAS, ZEBROWSKI, CAHILL, GALEF, GLICK, BLAKE,
          JEAN-PIERRE,  CRESPO,  FRIEND  -- Multi-Sponsored by -- M. of A. COOK,
          DiPIETRO, ENGLEBRIGHT, HYNDMAN, NOLAN, SIMON -- read once and referred
          to the Committee on Governmental Operations

        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
          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-b to read as follows:
     3    § 102-b. 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
    17  requirements on local governments shall designate such  section  of  its
    18  website as a "local government regulatory nexus".
    19    2. (a) The small business regulatory nexus shall include the following
    20  information or direct links to such information:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 846                              2
     1    (i) the rules of the agency, identifying the applicability of any such
     2  rules to specific categories of small businesses or local governments;
     3    (ii) any regulation guides posted by the agency;
     4    (iii)  all guidance documents posted on the agency website pursuant to
     5  subdivision two of section two hundred two-e of this  chapter  that  are
     6  applicable to small businesses and local governments;
     7    (iv)  each  notice  of proposed rule making and notice of revised rule
     8  making for which a regulatory flexibility analysis has been issued  that
     9  is currently under consideration by the agency, and each notice of emer-
    10  gency  adoption  for  a  currently  effective emergency rule for which a
    11  regulatory flexibility analysis has been prepared or is  being  prepared
    12  by the agency;
    13    (v) the most recent regulatory agenda published by the agency, if any,
    14  including the identification of each rule which may require a regulatory
    15  flexibility  analysis  and  of  any  rules currently under review by the
    16  agency pursuant to section two hundred seven of this chapter;
    17    (vi) the plain language summary prepared by  the  agency  pursuant  to
    18  subdivision  two  of  section  three hundred one of this chapter for any
    19  adjudicatory proceedings applicable to small businesses or local govern-
    20  ments, and any streamlined optional adjudicatory proceedings  for  small
    21  businesses adopted by the agency pursuant to section three hundred eight
    22  of this chapter;
    23    (vii)  a  description  of any compliance assistance program offered by
    24  the agency to small businesses or local governments,  and  of  any  such
    25  programs  that  are  known  by  the agency to be offered by other state,
    26  local or Federal agencies to categories of  small  businesses  or  local
    27  governments impacted by the regulations of the agency, including but not
    28  limited  to  the  small  business pollution prevention and environmental
    29  compliance assistance program provided pursuant to  section  28-0109  of
    30  the  environmental  conservation  law  and  the small business pollution
    31  prevention  and  environmental  compliance  ombudsman  program  provided
    32  pursuant to section one hundred thirty-eight of the economic development
    33  law; and
    34    (viii)  any  other  information  that the agency deems useful to small
    35  businesses or local governments.
    36    (b) The small business  regulatory  nexus  shall  provide  interactive
    37  opportunities  for a small business or local government to provide feed-
    38  back, obtain additional information or seek assistance in complying with
    39  agency regulations, and shall include  information  on  how  to  contact
    40  members  of agency staff who are knowledgeable on regulatory programs of
    41  the agency and can provide further information.
    42    § 2. This act shall take effect immediately; provided,  however,  that
    43  any  agency to which the provisions of this act apply on such date shall
    44  establish a small business regulatory nexus within 120 days  after  such
    45  effective date.
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