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S06448 Summary:

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S06448 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6448--A
            Cal. No. 886
 
                    IN SENATE
 
                                    January 13, 2016
                                       ___________
 
        Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Commerce, Economic  Devel-
          opment  and  Small Business -- 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, is amended to read as follows:
     3    §  201-a.  Job impact. 1. In developing a rule, an agency shall strive
     4  to accomplish the objectives of applicable statutes in  a  manner  which
     5  minimizes  any unnecessary adverse impacts on existing jobs and promotes
     6  the development of new employment opportunities, including opportunities
     7  for self-employment, for the residents of the state.
     8    2. Before proposing a rule for adoption or adopting a rule on an emer-
     9  gency basis, an agency shall evaluate the potential impact of  the  rule
    10  on jobs and employment opportunities.
    11    (a)  When  it is apparent from the nature and purpose of the rule that
    12  it will not have a substantial adverse impact  on  jobs  and  employment
    13  opportunities,  the  agency shall include in the notice of proposed rule
    14  making or the notice of emergency adoption a statement that  the  agency
    15  has  determined that the rule will not have a substantial adverse impact
    16  on jobs and employment opportunities;  provided,  however,  that,  where
    17  appropriate,  such  statement  shall indicate that the agency has deter-
    18  mined the rule will have a positive impact on jobs and employment oppor-
    19  tunities, or will have no impact on jobs and  employment  opportunities.
    20  Except  where it is evident from the subject matter of the rule that the
    21  rule could only have a positive impact or no impact on jobs and  employ-
    22  ment  opportunities,  the agency shall include in the statement prepared
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02941-03-6
        S. 6448--A                          2
 
     1  pursuant to this paragraph a summary of the information and  methodology
     2  underlying its determination.
     3    (b)  When  it is apparent from the nature and purpose of the rule that
     4  it may have a substantial adverse impact on jobs or employment  opportu-
     5  nities,  the  agency  shall  issue a job impact statement which contains
     6  information on:
     7    (i) the nature of the impact the rule will have on jobs and employment
     8  opportunities;
     9    (ii) the categories of jobs or employment  opportunities  affected  by
    10  the rule;
    11    (iii)  the  approximate  number  of  jobs  or employment opportunities
    12  affected in each category;
    13    (iv) any region of the state where the rule would  have  a  dispropor-
    14  tionate adverse impact on jobs or employment opportunities; and
    15    (v)  any measures which the agency [has taken] or other state agencies
    16  have taken or could take to minimize any unnecessary adverse impacts  on
    17  existing  jobs and to promote the development of new employment opportu-
    18  nities.
    19    (c) When the information available to an  agency  is  insufficient  to
    20  enable  it  to  determine whether a rule will have a substantial adverse
    21  impact on jobs or employment opportunities, or to prepare a  job  impact
    22  statement  pursuant  to  paragraph  (b)  of this subdivision, the agency
    23  shall issue a statement indicating the information  which  it  needs  to
    24  complete  a  job impact statement and requesting the assistance of other
    25  state agencies and the public in obtaining such information.
    26    (d) An agency shall issue a revised job impact statement when:
    27    (i) [the]  it  is  necessary  to  correct  or  supplement  information
    28  presented  in  the previous statement [is] that was inadequate or incom-
    29  plete;
    30    (ii) the proposed rule contains any substantial revisions which neces-
    31  sitate that such statement be modified; or
    32    (iii) the agency has issued a statement pursuant to paragraph  (c)  of
    33  this subdivision, and has received information from other state agencies
    34  or  the  public which enable it to provide a more complete evaluation of
    35  the potential impact of the rule on jobs and employment opportunities.
    36    (e) If, after requesting the assistance of other  state  agencies  and
    37  the  public  pursuant to paragraph (c) of this subdivision, an agency is
    38  still unable to determine whether  the  rule  will  have  a  substantial
    39  adverse  impact  on  jobs and employment opportunities, it may adopt the
    40  rule. When adopting a rule pursuant to this paragraph, the agency  shall
    41  issue  a  revised job impact statement which includes information on the
    42  measures the agency took to evaluate the potential impact of the rule on
    43  jobs and employment opportunities.  No rule may be adopted  pursuant  to
    44  this paragraph if it is the subject of a statement of concurrence pursu-
    45  ant  to  subdivision  three  of  this  section until the requirements of
    46  subdivision three of this section have been met.
    47    (f) When adopting a rule on an emergency basis, an  agency  may  defer
    48  the  issuance  of  any statement pursuant to this section, provided that
    49  the statement is published in the state register within thirty  days  of
    50  the effective date of the emergency rule.
    51    (g)  When  any  statement  issued pursuant to this section exceeds two
    52  thousand words, the agency shall prepare a summary of such statement  in
    53  less than two thousand words.
    54    (h)  An agency may consider a series of closely related and simultane-
    55  ously proposed rules as one rule for the purpose of submitting a consol-
    56  idated job impact statement.
        S. 6448--A                          3
 
     1    (i) Where a rule would have a measurable impact on  opportunities  for
     2  self-employment, the agency shall include a discussion of such impact in
     3  any statement prepared pursuant to this section.
     4    (j)  An  agency  shall make available the methodology and data or data
     5  sources used to prepare any statement issued pursuant to  paragraph  (b)
     6  of subdivision two of this section.
     7    3.  (a)  The  commissioner  of  labor and the commissioner of economic
     8  development may review any statement issued pursuant  to  this  section,
     9  and  may  consult  informally with any agency preparing such a statement
    10  and advise it on the potential impact of a rule on jobs  and  employment
    11  opportunities.
    12    (b)  When  the  commissioner of labor and the commissioner of economic
    13  development concur in a determination that additional evaluation of  the
    14  potential impact of a proposed rule on jobs and employment opportunities
    15  is  needed  to  assist  in  the  minimization of any unnecessary adverse
    16  impacts of the rule on jobs  or  employment  opportunities,  they  shall
    17  issue  a  statement of concurrence and transmit a copy of such statement
    18  to the agency and to the secretary of state for publication in the state
    19  register.  The statement of concurrence shall:
    20    (i) identify each proposed rule which is the subject of the  statement
    21  of concurrence;
    22    (ii)  set forth the basis for the determination that additional evalu-
    23  ation of the potential impact of the rule is needed  to  assist  in  the
    24  minimization  of  any  unnecessary adverse impacts on jobs or employment
    25  opportunities, and, where relevant, identify  each  aspect  of  the  job
    26  impact statement which is incomplete or deficient;
    27    (iii) include appropriate recommendations for additional evaluation of
    28  the  impact  of  the  rule  or  of  any measures which the agency should
    29  consider to minimize any adverse impacts of the rule on jobs or  employ-
    30  ment opportunities; and
    31    (iv) specify a time period of not more than ninety days for the agency
    32  to perform such additional evaluation or consider such recommendations.
    33    (c)  An  agency  shall strive to perform such additional evaluation or
    34  consider such measures as are recommended in a statement of  concurrence
    35  within the time period set forth therein. No agency shall adopt the rule
    36  which is the subject of the statement of concurrence until:
    37    (i)  the  agency has performed the additional evaluation or considered
    38  the measures recommended in the statement of concurrence, and has issued
    39  a revised job impact statement, which is acceptable to the commissioners
    40  of economic development and labor, setting forth any  changes  which  it
    41  will make to the rule to minimize any adverse impacts on jobs or employ-
    42  ment opportunities; or
    43    (ii)  after  the expiration of the time period set forth in the state-
    44  ment of concurrence.
    45    (d) The statement of concurrence shall be  considered  public  comment
    46  for  the purpose of this article and shall be summarized and analyzed in
    47  any assessment of public comment.
    48    4. Nothing in this section shall be construed as preventing an  agency
    49  from adopting a rule on an emergency basis at any time.
    50    5.  Copies of any statement prepared pursuant to this section, includ-
    51  ing any statement of concurrence, shall be distributed  as  provided  in
    52  subdivision six-a of section two hundred two of this article.
    53    6. For the purposes of this section:
    54    (a)  "rule"  shall  mean  any  rule proposed or any rule adopted on an
    55  emergency basis pursuant to this article, except for:
        S. 6448--A                          4
 
     1    (i) any rule defined in subparagraph (ii) of paragraph (a) of subdivi-
     2  sion two of section one hundred two of this [article] chapter;
     3    (ii)  any  rule  defined in [subdivisions ten,] subdivision eleven [or
     4  twelve] of section one hundred two of this [article] chapter; or
     5    (iii) any rule proposed or adopted by the  state  comptroller  or  the
     6  attorney general.
     7    (b)  "impact  on jobs or employment opportunities" shall mean a change
     8  in the number of jobs and employment opportunities,  including  opportu-
     9  nities  for self-employment, primarily attributable to the adoption of a
    10  rule, which would otherwise be available to the residents of  the  state
    11  in  the  two-year  period  commencing on the date the rule takes effect.
    12  "Impact on jobs or employment opportunities" shall also mean  a  signif-
    13  icant  change in employment status, including whether adoption of a rule
    14  would have a significant impact on average  wage  levels,  hours  and/or
    15  duration of employment.
    16    (c)  "substantial  adverse impact on jobs or employment opportunities"
    17  shall mean a decrease of more than one hundred full-time annual jobs and
    18  employment opportunities, including opportunities  for  self-employment,
    19  in  the  state,  or  the equivalent in part-time or seasonal employment,
    20  which would otherwise be available to the residents of the state in  the
    21  two-year period commencing on the date the rule takes effect.  "Substan-
    22  tial adverse impact on jobs or employment opportunities" shall also mean
    23  any  changes  in  the  status of such jobs and employment opportunities,
    24  including but not limited to any significant net reductions  in  average
    25  wage levels, hours and/or duration of employment, that would represent a
    26  substantial adverse impact on incomes or economic security.
    27    §  2.  Subparagraphs (vi) and (viii) of paragraph (f) of subdivision 1
    28  of section 202 of the state administrative procedure  act,  subparagraph
    29  (vi)  as  amended  by  chapter  610 of the laws of 1987 and subparagraph
    30  (viii) as amended by chapter 229 of the laws of  2000,  are  amended  to
    31  read as follows:
    32    (vi)  include  a  regulatory  impact  statement  prepared  pursuant to
    33  section two hundred two-a of this [chapter] article and any  job  impact
    34  statement  prepared  pursuant  to  section  two  hundred  one-a  of this
    35  article, provided, however, if either such statement exceeds  two  thou-
    36  sand words, the notice shall include only a summary of such statement in
    37  less than two thousand words;
    38    (viii) give the name, public office address and telephone number of an
    39  agency  representative,  who is knowledgeable on the proposed rule, from
    40  whom the complete text of such rule and any  scientific  or  statistical
    41  study, report and analysis that served as the basis for the rule and any
    42  supporting  data, the regulatory impact statement, the job impact state-
    43  ment, the regulatory flexibility analysis, and the rural area flexibili-
    44  ty analysis may be obtained; from  whom  information  about  any  public
    45  hearing  may  be obtained; and to whom written data, views and arguments
    46  may be submitted; and
    47    § 3.  Subparagraphs (v) and (vii) of paragraph (c) of subdivision  4-a
    48  of  section  202 of the state administrative procedure act, subparagraph
    49  (v) as added by chapter 336 of the laws of 1989 and  such  paragraph  as
    50  relettered  by chapter 335 of the laws of 1992 and subparagraph (vii) as
    51  amended by chapter 171 of the laws of  1994,  are  amended  to  read  as
    52  follows:
    53    (v)  include  a  revised regulatory impact statement, when required by
    54  the provisions of [subparagraph (ii) of paragraph  (a)  of]  subdivision
    55  six  of  section  two  hundred  two-a  of this [chapter] article and any
    56  revised job impact statement prepared pursuant to  section  two  hundred
        S. 6448--A                          5
 
     1  one-a  of  this  article,  provided,  however,  if either such statement
     2  exceeds two thousand words, the notice shall include only a  summary  of
     3  such statement in less than two thousand words;
     4    (vii)  give the name, address and telephone number of an agency repre-
     5  sentative knowledgeable on the rule, from whom the complete revised text
     6  of such rule, any revised regulatory impact statement, any  revised  job
     7  impact  statement,  any  revised regulatory flexibility analysis and any
     8  revised rural area flexibility  analysis  may  be  obtained;  from  whom
     9  information  about any additional public hearing may be obtained; and to
    10  whom written data, views and arguments may be submitted;
    11    § 4. Subparagraphs (v) and (viii) of paragraph (c) of subdivision 5 of
    12  section 202 of the state administrative procedure act, subparagraph  (v)
    13  as amended by chapter 610 of the laws of 1987 and subparagraph (viii) as
    14  amended  by  chapter  171  of  the  laws of 1994, are amended to read as
    15  follows:
    16    (v) include a revised regulatory impact statement,  when  required  by
    17  the  provisions  of  [subparagraph (ii) of paragraph (a) of] subdivision
    18  six of section two hundred two-a  of  this  [chapter]  article  and  any
    19  revised  job  impact  statement prepared pursuant to section two hundred
    20  one-a of this article,  provided,  however,  if  either  such  statement
    21  exceeds  two  thousand words, the notice shall include only a summary of
    22  such statement in less than two thousand words;
    23    (viii) give the name, public office address and telephone number of an
    24  agency representative from whom the complete text of the  rule  and  any
    25  revised  regulatory  impact  statement,  revised  job  impact statement,
    26  revised regulatory flexibility analysis, revised rural area  flexibility
    27  analysis or assessment of comments may be obtained; and
    28    § 5. Subparagraphs (viii) and (x) of paragraph (d) of subdivision 6 of
    29  section  202  of  the  state  administrative procedure act, subparagraph
    30  (viii) as added by chapter 17 of the laws  of  1984  and  renumbered  by
    31  chapter 850 of the laws of 1990 and subparagraph (x) as amended by chap-
    32  ter 171 of the laws of 1994, are amended to read as follows:
    33    (viii)  include  a  regulatory  impact  statement prepared pursuant to
    34  section two hundred two-a of this [chapter] article and any  job  impact
    35  statement  prepared  pursuant to section two hundred one-a of this arti-
    36  cle, or a statement setting forth that the regulatory  impact  statement
    37  and/or  job  impact  statement  will appear in the state register within
    38  thirty days of the effective  date  of  the  emergency  rule,  provided,
    39  however,  if [either] any such statement exceeds two thousand words, the
    40  notice shall include only a summary of such statement in less  than  two
    41  thousand words;
    42    (x)  give  the  name, public office address and telephone number of an
    43  agency representative, knowledgeable on the rule, from whom  a  complete
    44  text  of  such  rule,  the  regulatory  impact statement, the job impact
    45  statement, regulatory flexibility analysis, and the rural area flexibil-
    46  ity analysis may be obtained; from whom  information  about  any  public
    47  hearing  may  be obtained; and to whom written data, views and arguments
    48  may be submitted; and
    49    § 6. Paragraphs (a) and (b) of subdivision 6-a of section 202  of  the
    50  state  administrative  procedure  act,  as amended by chapter 171 of the
    51  laws of 1994, are amended to read as follows:
    52    (a) An agency shall transmit a copy of any rule making notice prepared
    53  pursuant to this article to the governor, the temporary president of the
    54  senate, the speaker of the  assembly[,]  and  the  administrative  regu-
    55  lations  review  commission [and the office of regulatory and management
    56  assistance] at the time such notice is submitted  to  the  secretary  of
        S. 6448--A                          6

     1  state  for  publication  in  the  state register. Such transmittal shall
     2  include the complete rule text, regulatory impact statement, job  impact
     3  statement, regulatory flexibility analysis, rural area flexibility anal-
     4  ysis,  or  revisions thereof, and any other information submitted to the
     5  secretary of state pursuant to this article.
     6    (b) An agency shall make a copy of the complete text of any  proposed,
     7  adopted  or  emergency  rule,  regulatory  impact  statement, job impact
     8  statement, regulatory flexibility analysis, rural area flexibility anal-
     9  ysis, or revisions thereof available to the  public  at  the  time  such
    10  documents are submitted to the secretary of state for publication in the
    11  state  register  and  shall  send to any person a copy of such text upon
    12  written request.
    13    § 7. This act shall take effect on the first of January next  succeed-
    14  ing the date on which it shall have become a law, and shall apply to any
    15  rule  first  proposed  or adopted on an emergency basis on or after such
    16  date.