senate Bill S2158

Requires agencies to consider the impact of proposed rules on existing and potential future jobs and employment opportunities

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 14 / Jan / 2013
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 12 / Feb / 2013
    • 1ST REPORT CAL.82
  • 27 / Feb / 2013
    • 2ND REPORT CAL.
  • 28 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 15 / Apr / 2013
    • PASSED SENATE
  • 15 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 15 / Apr / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 04 / Feb / 2014
    • 1ST REPORT CAL.111
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 13 / May / 2014
    • PASSED SENATE
  • 13 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 14 / May / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Requires agencies to consider the impact of proposed rules on existing and potential future jobs and employment opportunities.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A7675
Versions:
S2158
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd ยงยง201-a & 202, St Ad Proc Act
Versions Introduced in 2011-2012 Legislative Cycle:
S6444, S6444

Sponsor Memo

BILL NUMBER:S2158

TITLE OF BILL: An act to amend the state administrative procedure act,
in relation to the impact of proposed rules on jobs and employment
opportunities

PURPOSE: To reform the provisions of law that relate to the Job Impact
Statement (JIS) and to better incorporate the notice filings of the JIS
into the rule making filing and publications provisions of the State
Administrative Procedure Act as is now commonly practiced by state agen-
cies.

SUMMARY OF PROVISIONS:

Section 1: Amends SAPA section 201-a (1) to ensure that a state agency
when it is developing and promulgating a rule, throughout the entire
rule making process, shall strive to accomplish the objectives of appli-
cable statues in a manner that does not unnecessarily impose adverse
impacts on existing jobs or Potential future jobs.

Section 2: Amends SAPA section 201-a (2) to require that a state agency
shall, when promulgating a rule, evaluate, in addition to the possibil-
ity of existing job losses due to the promulgation of a rule, to also
consider the loss of potential future jobs that could have been created.

Section 3: A technical amendment to SAPA section 202(1) to codify the
current law in SAPA Section 201-a and by current practice where state
agencies are incorporating the JIS into the notice of proposed rule
making.

Section 4: A technical amendment to SAPA section 202 (4-a) to codify the
current law in SAPA section 201-a and by the current practice where
state agencies are incorporating the JIS into the notice of revised rule
making.

Section 5: A technical amendment to SAPA section 202 (5) to codify the
current law in SAPA section 201-a and by current practice where state
agencies are incorporating the JIS into the notice of adoption of a
rule.

Section 6: A technical amendment to SAPA section 202 (6) to codify the
current law in SAPA section 201-a and by current practice where state
agencies are incorporating the JIS into the notice of emergency
adoption.

Section 7: A technical amendment to SAPA section 202 (6-a) to codify the
current law in SAPA section 201-a and by current practice where state
agencies are incorporating the JIS into the provision of SAPA that
outlines the distribution of rule making information.

Section 8: Effective date.

JUSTIFICATION: The purpose of this bill is to better integrate into
SAPA the concept that state agencies, when promulgating a rule, should
from the initial development, preparation, and ultimate promulgation of
a rule, strive to promulgate rules in a manner that minimizes any unnec-
essary adverse impacts on both existing jobs or potential adverse
effects on future jobs and employment opportunities. The bulk of this
bill is to include the proper cross references in the rule making filing
provisions of SAPA section 202 that are inferred in SAPA section 201-a,
which establishes the JIS.

LEGISLATIVE HISTORY: S.6444 of 2011-12

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: January 1st, next succeeding the date upon which it
shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2158

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by Sens. VALESKY, MAZIARZ, RANZENHOFER, SEWARD -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Commerce, Economic Development and Small Business

AN ACT to amend the state administrative procedure act, in  relation  to
  the impact of proposed rules on jobs and employment opportunities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 201-a of the state  administrative
procedure  act,  as added by chapter 189 of the laws of 1996, is amended
to read as follows:
  1. In [developing] THE INITIAL DEVELOPMENT, PREPARATION AND  PROMULGA-
TION  OF  a rule, an agency shall strive to accomplish the objectives of
applicable statutes in a manner which minimizes any unnecessary  adverse
impacts  on existing jobs and promotes the development of new employment
opportunities, including  opportunities  for  self-employment,  for  the
residents of the state.
  S  2. The opening paragraph, and paragraphs (c), (d) and (e) of subdi-
vision 2 of section 201-a of the state administrative procedure act,  as
added  by  chapter  189  of  the  laws  of  1996, are amended to read as
follows:
  Before proposing a rule for adoption or adopting a rule on an emergen-
cy basis, an agency shall evaluate the potential impact of the  rule  on
EXISTING AND POTENTIAL FUTURE jobs and employment opportunities.
  (c)  When  the  information  available to an agency is insufficient to
enable it to determine whether a rule will have  a  substantial  adverse
impact  on  jobs or employment opportunities, or to prepare a job impact
statement pursuant to paragraph (b)  of  this  subdivision,  the  agency
shall  issue  a  statement  indicating the information which it needs to
complete a job impact statement and requesting the assistance  of  other
state  agencies,  REGULATED  PERSONS  and  the  public in obtaining such
information.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04826-01-3

S. 2158                             2

  (d) An agency shall issue a revised job impact statement when:
  (i) the information presented in the statement is inadequate, MISLEAD-
ING or incomplete;
  (ii) the proposed rule contains any substantial revisions which neces-
sitate that such statement be modified; or
  (iii)  the  agency has issued a statement pursuant to paragraph (c) of
this  subdivision,  and  has  received  information  from  other   state
agencies,  REGULATED  PERSONS or the public which enable it to provide a
more complete evaluation of the potential impact of the rule on jobs and
employment opportunities.
  (e) If, after requesting the assistance of other state agencies, REGU-
LATED PERSONS and the public pursuant to paragraph (c) of this  subdivi-
sion,  an agency is still unable to determine whether the rule will have
a substantial adverse impact on jobs and  employment  opportunities,  it
may adopt the rule. When adopting a rule pursuant to this paragraph, the
agency  shall issue a revised job impact statement which includes infor-
mation on the measures the agency took to evaluate the potential  impact
of the rule on jobs and employment opportunities.
  S  3. Subparagraph (viii) of paragraph (f) of subdivision 1 of section
202 of the state administrative procedure act, as amended by chapter 229
of the laws of 2000, is amended and a new subparagraph (vii-a) is  added
to read as follows:
  (VII-A) INCLUDE THE JOB IMPACT STATEMENTS PREPARED PURSUANT TO SECTION
TWO HUNDRED ONE-A OF THIS ARTICLE;
  (viii) give the name, public office address and telephone number of an
agency  representative,  who is knowledgeable on the proposed rule, from
whom the complete text of such rule and any  scientific  or  statistical
study, report and analysis that served as the basis for the rule and any
supporting  data, the regulatory impact statement, the regulatory flexi-
bility analysis, THE JOB IMPACT STATEMENT and the rural area flexibility
analysis may be obtained; from whom information about any public hearing
may be obtained; and to whom written data, views and  arguments  may  be
submitted; and
  S 4. Subparagraph (vii) of paragraph (c) of subdivision 4-a of section
202 of the state administrative procedure act, as amended by chapter 171
of  the  laws of 1994, is amended and a new subparagraph (vi-a) is added
to read as follows:
  (VI-A) INCLUDE THE REVISED JOB IMPACT STATEMENTS PREPARED PURSUANT  TO
SECTION TWO HUNDRED ONE-A OF THIS ARTICLE;
  (vii)  give the name, address and telephone number of an agency repre-
sentative knowledgeable on the rule, from whom the complete revised text
of such rule, any revised regulatory impact statement, any revised regu-
latory flexibility analysis, ANY REVISED JOB IMPACT  STATEMENT  and  any
revised  rural  area  flexibility  analysis  may  be obtained; from whom
information about any additional public hearing may be obtained; and  to
whom written data, views and arguments may be submitted;
  S  5. Subparagraph (viii) of paragraph (c) of subdivision 5 of section
202 of the state administrative procedure act, as amended by chapter 171
of the laws of 1994, is amended and a new subparagraph (vi-a)  is  added
to read as follows:
  (VI-A)  INCLUDE THE REVISED JOB IMPACT STATEMENTS PREPARED PURSUANT TO
SECTION TWO HUNDRED ONE-A OF THIS ARTICLE;
  (viii) give the name, public office address and telephone number of an
agency representative from whom the complete text of the  rule  and  any
revised  regulatory  impact  statement,  revised  regulatory flexibility

S. 2158                             3

analysis, REVISED JOB IMPACT STATEMENT, rural area flexibility  analysis
or assessment of comments may be obtained; and
  S 6. Subparagraph (x) of paragraph (d) of subdivision 6 of section 202
of  the state administrative procedure act, as amended by chapter 171 of
the laws of 1994, is amended and a new subparagraph (ix-a) is  added  to
read as follows:
  (IX-A)  INCLUDE  THE JOB IMPACT STATEMENT PREPARED PURSUANT TO SECTION
TWO HUNDRED ONE-A OF THIS ARTICLE;
  (x) give the name, public office address and telephone  number  of  an
agency  representative,  knowledgeable on the rule, from whom a complete
text of such rule, the  regulatory  impact  statement,  THE  JOB  IMPACT
STATEMENT, regulatory flexibility analysis, and the rural area flexibil-
ity  analysis  may  be  obtained; from whom information about any public
hearing may be obtained; and to whom written data, views  and  arguments
may be submitted; and
  S  7.  Paragraphs (a) and (b) of subdivision 6-a of section 202 of the
state administrative procedure act, as amended by  chapter  171  of  the
laws of 1994, are amended to read as follows:
  (a) An agency shall transmit a copy of any rule making notice prepared
pursuant to this article to the governor, the temporary president of the
senate,  the  speaker  of  the  assembly[,] AND the administrative regu-
lations review commission [and the office of regulatory  and  management
assistance]  at  the  time  such notice is submitted to the secretary of
state for publication in the  state  register.  Such  transmittal  shall
include  the complete rule text, regulatory impact statement, JOB IMPACT
STATEMENT, regulatory flexibility analysis, rural area flexibility anal-
ysis, or revisions thereof, and any other information submitted  to  the
secretary of state pursuant to this article.
  (b)  An agency shall make a copy of the complete text of any proposed,
adopted or emergency rule, regulatory impact statement, regulatory flex-
ibility analysis, JOB IMPACT STATEMENT rural area flexibility  analysis,
or  revisions thereof available to the public at the time such documents
are submitted to the secretary of state for  publication  in  the  state
register  and  shall send to any person a copy of such text upon written
request.
  S 8. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law, and shall apply to any
rule first proposed on or after such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.