STATE OF NEW YORK
________________________________________________________________________
5812
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
___________
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the state administrative procedure act, in relation to
the time needed by small businesses and local governments to comply
with new regulations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (e) and (f) of subdivision 2 of section 202-b of
2 the state administrative procedure act are relettered paragraphs (f) and
3 (g) and a new paragraph (e) is added to read as follows:
4 (e) an assessment of the minimum time that will be needed by small
5 businesses and local governments to come into compliance with the rule,
6 taking into consideration any applicable practical, legal and economic
7 or fiscal constraints on such compliance, and a description of the meas-
8 ures that the agency intends to utilize to ensure that small businesses
9 and local governments are informed of new or amended compliance require-
10 ments with sufficient lead time to achieve compliance without experienc-
11 ing unnecessary costs or burdens;
12 § 2. The opening paragraph and paragraph (b) of subdivision 6 of
13 section 202-b of the state administrative procedure act, as amended by
14 chapter 611 of the laws of 1996, are amended to read as follows:
15 When any rule is proposed for which a regulatory flexibility analysis
16 is required, the agency shall assure that it has actively solicited the
17 participation of small businesses and local governments [have been given
18 an opportunity to participate] in the rule making through activities in
19 addition to publication in the state register and posting on the agen-
20 cy's website, such [activities] as:
21 (b) the direct notification of interested small businesses and local
22 governments affected by the proposed rule or organizations representing
23 the interests of such entities;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01558-01-9
S. 5812 2
1 § 3. This act shall take effect on the first of November next succeed-
2 ing the date on which it shall have become a law and shall apply to all
3 rules for which a notice of proposed rule making is published on or
4 after such date.
