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

                                  7443

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to amend the state administrative procedure act, in relation to
  streamlining regulatory analysis documents

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

  Section  1.  Paragraph  (a)  of  subdivision 2 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:
  (a)  When  it is apparent from the nature and purpose of the rule that
it will not have a substantial adverse impact  on  jobs  and  employment
opportunities,  the agency shall include in the [notice of proposed rule
making or the notice of emergency adoption a] REGULATORY  IMPACT  STATE-
MENT  PREPARED  PURSUANT TO SECTION TWO HUNDRED TWO-A OF THIS ARTICLE, A
BRIEF statement that the agency has determined that the  rule  will  not
have  a substantial adverse impact on jobs and employment opportunities;
provided, however, that, where appropriate, such statement  shall  indi-
cate that the agency has determined the rule will have a positive impact
on jobs and employment opportunities, or will have no impact on jobs and
employment  opportunities.   Except where it is evident from the subject
matter of the rule that the rule could only have a positive impact or no
impact on jobs and employment opportunities, the agency shall include in
the statement prepared pursuant to  this  paragraph  a  summary  of  the
information and methodology underlying its determination.
  S  2.  Paragraph  (a)  of  subdivision 5 of section 202-a of the state
administrative procedure act, as amended by chapter 698 of the  laws  of
1984, is amended to read as follows:
  (a)  An  agency  may  claim an exemption from the requirements of this
section AND SECTIONS TWO  HUNDRED  ONE-A,  TWO  HUNDRED  TWO-B  AND  TWO
HUNDRED TWO-BB OF THIS ARTICLE for a rule that involves only a technical
amendment,  provided,  however,  the  agency  shall state in the notice,
prepared pursuant to section two hundred two of this [chapter]  ARTICLE,
the reason or reasons for claiming such exemption.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD10885-01-1

A. 7443                             2

  S  3.  Paragraph  (a)  of  subdivision 3 of section 202-b of the state
administrative procedure act, as amended by chapter 611 of the  laws  of
1996, is amended to read as follows:
  (a)  This  section shall not apply to any rule defined in subparagraph
(ii) of paragraph (a) of subdivision two of section one hundred  two  of
this  chapter,  nor  shall it apply to any rule which does not impose an
adverse economic impact on small businesses  or  local  governments  and
which  the  agency  finds  would  not impose reporting, recordkeeping or
other compliance requirements on small businesses or local  governments.
The  agency's  finding  and the reasons upon which the finding was made,
including what measures the agency took to ascertain that the rule would
not impose such compliance requirements, or adverse economic  impact  on
small  businesses  or  local governments, shall be included in the [rule
making notice] REGULATORY IMPACT STATEMENT as required  by  section  two
hundred [two] TWO-A of this [chapter] ARTICLE.
  S 4. Subdivision 5 of section 202-b of the state administrative proce-
dure  act,  as  amended by chapter 17 of the laws of 1984, is amended to
read as follows:
  5. In complying  with  the  provisions  of  subdivision  two  of  this
section,  an  agency may: (A) provide either a quantifiable or numerical
description of the effects of a rule or more general descriptive  state-
ments  if  quantification  is  not  practicable  or reliable; AND (B) IF
INFORMATION THAT SATISFIES THE REQUIREMENTS OF PARAGRAPH (B), (C) OR (D)
OF SUBDIVISION TWO OF THIS SECTION IS CONTAINED IN THE REGULATORY IMPACT
STATEMENT OR ANOTHER DOCUMENT ISSUED FOR THE RULE PURSUANT TO THIS ARTI-
CLE, SUMMARIZE SUCH INFORMATION AND REFER TO SUCH DOCUMENT  IN  LIEU  OF
DUPLICATING THE INFORMATION IN THE REGULATORY FLEXIBILITY ANALYSIS.
  S  5.  Paragraph  (a)  of subdivision 4 of section 202-bb of the state
administrative procedure act, as added by chapter 171  of  the  laws  of
1994, is amended to read as follows:
  (a)  This  section shall not apply to any rule defined in subparagraph
(ii) of paragraph (a) of subdivision two of section one hundred  two  of
this  chapter,  nor  shall it apply to any rule which does not impose an
adverse impact on rural areas and  which  the  agency  finds  would  not
impose  reporting,  recordkeeping  or  other  compliance requirements on
public or private entities in rural areas. The agency's finding and  the
reasons  upon  which  the  finding was made, including what measures the
agency took to ascertain that the rule would not impose such  compliance
requirements  or  adverse  impact, shall be included in the [rule making
notice] REGULATORY IMPACT STATEMENT as required by section  two  hundred
[two] TWO-A of this [chapter] ARTICLE.
  S  6.  Subdivision  6  of  section  202-bb of the state administrative
procedure act, as added by chapter 171 of the laws of 1994,  is  amended
to read as follows:
  6.  In  complying  with  the  provisions  of subdivision three of this
section, an agency may: (A) provide either a quantifiable  or  numerical
description  of the effects of a rule or more general descriptive state-
ments if quantification is not  practicable  or  reliable;  AND  (B)  IF
INFORMATION  THAT  SATISFIES THE REQUIREMENTS OF PARAGRAPH (B) OR (C) OF
SUBDIVISION THREE OF THIS SECTION IS CONTAINED IN THE REGULATORY  IMPACT
STATEMENT OR ANOTHER DOCUMENT ISSUED FOR THE RULE PURSUANT TO THIS ARTI-
CLE,  SUMMARIZE  SUCH  INFORMATION AND REFER TO SUCH DOCUMENT IN LIEU OF
DUPLICATING THE INFORMATION IN THE RURAL AREA FLEXIBILITY ANALYSIS.
  S 7. This act shall take effect on the first of October next  succeed-
ing the date on which it shall have become a law, and shall apply to all
rule making notices initially prepared on or after such date.