Relates to an economic impact statement prior to the enactment of any rule or regulation affecting the commercial fishing industry; provides for periodic review of such rules and regulations.
STATE OF NEW YORK
________________________________________________________________________
6514
2019-2020 Regular Sessions
IN SENATE
June 14, 2019
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to the
preparation of an economic impact statement prior to the enactment of
any rule or regulation affecting the commercial fishing industry and
providing for periodic review of such rules or regulations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 13-0365 to read as follows:
3 § 13-0365. Economic impact statements.
4 1. All rules and regulations affecting the commercial fishing indus-
5 try, promulgated pursuant to this title, shall be subject to the
6 provisions of this section.
7 2. Prior to the adoption of any proposed rule or regulation, the
8 department shall prepare an economic impact statement that includes at
9 least the following analysis:
10 (a) an identification and estimate of the number of the members of the
11 commercial fishing industry affected by the proposed rule or regulation;
12 (b) the administrative costs to the commercial fishing industry
13 required for compliance with the proposed rule or regulation;
14 (c) a statement of the probable economic effect of the rule or regu-
15 lation on the commercial fishing industry, including but not limited to
16 loss of income and jobs; and
17 (d) a discussion of any less intrusive or less costly alternative
18 methods of achieving the purpose of the proposed rule or regulation, in
19 order to mitigate adverse economic impact to the commercial fishing
20 industry.
21 3. (a) Within two years of the effective date of this section, the
22 department shall review all rules and regulations under this title
23 existing at the time of enactment to determine whether such rules or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13307-02-9
S. 6514 2
1 regulations shall be continued without change, or should be amended or
2 rescinded to minimize economic impact on the commercial fishing indus-
3 try.
4 (b) Rules adopted after the effective date of this section shall be
5 reviewed every two years after the publication of such rules as the
6 final rule to ensure that they minimize economic impact on the commer-
7 cial fishing industry in a manner consistent with the stated objectives
8 of this title.
9 (c) In reviewing rules or regulations to minimize economic impact on
10 the commercial fishing industry, the department shall consider the
11 following factors:
12 (i) the need for the rule or regulation;
13 (ii) the nature of complaints or comments received concerning the rule
14 or regulation from the commercial fishing industry;
15 (iii) the complexity of the rule; and
16 (iv) the degree to which economic conditions, or other factors have
17 changed since the original enactment of the rule or regulation.
18 § 2. This act shall take effect immediately.