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

                                 7812--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2013
                               ___________

Introduced  by M. of A. ZEBROWSKI, BRINDISI -- read once and referred to
  the Committee on Governmental Operations -- recommitted to the Commit-
  tee on Governmental Operations in accordance  with  Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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:

  Section 1. 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:
  S  201-a.  Job impact. 1. In developing 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.
  2. Before proposing a rule for adoption or adopting a rule on an emer-
gency basis, an agency shall evaluate the potential impact of  the  rule
on jobs and employment opportunities.
  (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 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 indicate that the agency has deter-
mined the rule will have a positive impact on jobs and employment oppor-
tunities, 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  employ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11276-02-4
              

A. 7812--A                          2

ment  opportunities,  the agency shall include in the statement prepared
pursuant to this paragraph a summary of the information and  methodology
underlying its determination.
  (b)  When  it is apparent from the nature and purpose of the rule that
it may have a substantial adverse impact on jobs or employment  opportu-
nities,  the  agency  shall  issue a job impact statement which contains
information on:
  (i) the nature of the impact the rule will have on jobs and employment
opportunities;
  (ii) the categories of jobs or employment  opportunities  affected  by
the rule;
  (iii)  the  approximate  number  of  jobs  or employment opportunities
affected in each category;
  (iv) any region of the state where the rule would  have  a  dispropor-
tionate adverse impact on jobs or employment opportunities; and
  (v)  any measures which the agency [has taken] OR OTHER STATE AGENCIES
HAVE TAKEN OR COULD TAKE to minimize any unnecessary adverse impacts  on
existing  jobs and to promote the development of new employment opportu-
nities.
  (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 and the public in obtaining such information.
  (d) An agency shall issue a revised job impact statement when:
  (i) [the]  IT  IS  NECESSARY  TO  CORRECT  OR  SUPPLEMENT  information
presented  in  the PREVIOUS statement [is] THAT WAS inadequate or incom-
plete;
  (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
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  and
the  public  pursuant to paragraph (c) of this subdivision, 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 information on the
measures the agency took to evaluate the potential impact of the rule on
jobs and employment opportunities.  NO RULE MAY BE ADOPTED  PURSUANT  TO
THIS PARAGRAPH IF IT IS THE SUBJECT OF A STATEMENT OF CONCURRENCE PURSU-
ANT  TO  SUBDIVISION  THREE  OF  THIS  SECTION UNTIL THE REQUIREMENTS OF
SUBDIVISION THREE OF THIS SECTION HAVE BEEN MET.
  (f) When adopting a rule on an emergency basis, an  agency  may  defer
the  issuance  of  any statement pursuant to this section, provided that
the statement is published in the state register within thirty  days  of
the effective date of the emergency rule.
  (g)  When  any  statement  issued pursuant to this section exceeds two
thousand words, the agency shall prepare a summary of such statement  in
less than two thousand words.

A. 7812--A                          3

  (h)  An agency may consider a series of closely related and simultane-
ously proposed rules as one rule for the purpose of submitting a consol-
idated job impact statement.
  (i)  Where  a rule would have a measurable impact on opportunities for
self-employment, the agency shall include a discussion of such impact in
any statement prepared pursuant to this section.
  (J) AN AGENCY SHALL MAKE AVAILABLE THE METHODOLOGY AND  DATA  OR  DATA
SOURCES USED TO PREPARE ANY STATEMENT ISSUED PURSUANT TO THIS SECTION.
  3.  (a)  The  commissioner  of  labor and the commissioner of economic
development may review any statement issued pursuant  to  this  section,
and  may  consult  informally with any agency preparing such a statement
and advise it on the potential impact of a rule on jobs  and  employment
opportunities.    THE  COMMISSIONER  OF  LABOR  AND  THE COMMISSIONER OF
ECONOMIC DEVELOPMENT SHALL REVIEW ANY STATEMENT ISSUED PURSUANT TO  THIS
SECTION  THAT  INDICATES  THAT  THE  RULE MAY HAVE A SUBSTANTIAL ADVERSE
IMPACT ON JOBS OR EMPLOYMENT OPPORTUNITIES AND  CONSIDER  WHETHER  ADDI-
TIONAL EVALUATION IS NEEDED PURSUANT TO THIS SUBDIVISION.
  (b)  When  the  commissioner of labor and the commissioner of economic
development concur in a determination that additional evaluation of  the
potential impact of a proposed rule on jobs and employment opportunities
is  needed  to  assist  in  the  minimization of any unnecessary adverse
impacts of the rule on jobs  or  employment  opportunities,  they  shall
issue  a  statement of concurrence and transmit a copy of such statement
to the agency and to the secretary of state for publication in the state
register.  The statement of concurrence shall:
  (i) identify each proposed rule which is the subject of the  statement
of concurrence;
  (ii)  set forth the basis for the determination that additional evalu-
ation of the potential impact of the rule is needed  to  assist  in  the
minimization  of  any  unnecessary adverse impacts on jobs or employment
opportunities, and, where relevant, identify  each  aspect  of  the  job
impact statement which is incomplete or deficient;
  (iii) include appropriate recommendations for additional evaluation of
the  impact  of  the  rule  or  of  any measures which the agency should
consider to minimize any adverse impacts of the rule on jobs or  employ-
ment opportunities; and
  (iv) specify a time period of not more than ninety days for the agency
to perform such additional evaluation or consider such recommendations.
  (c)  An  agency  shall strive to perform such additional evaluation or
consider such measures as are recommended in a statement of  concurrence
within the time period set forth therein. No agency shall adopt the rule
which is the subject of the statement of concurrence until:
  (i)  the  agency has performed the additional evaluation or considered
the measures recommended in the statement of concurrence, and has issued
a revised job impact statement, which is acceptable to the commissioners
of economic development and labor, setting forth any  changes  which  it
will make to the rule to minimize any adverse impacts on jobs or employ-
ment opportunities; or
  (ii)  after  the expiration of the time period set forth in the state-
ment of concurrence.
  (d) The statement of concurrence shall be  considered  public  comment
for  the purpose of this article and shall be summarized and analyzed in
any assessment of public comment.
  4. Nothing in this section shall be construed as preventing an  agency
from adopting a rule on an emergency basis at any time.

A. 7812--A                          4

  5.  Copies of any statement prepared pursuant to this section, includ-
ing any statement of concurrence, shall be distributed  as  provided  in
subdivision six-a of section two hundred two of this article.
  6. For the purposes of this section:
  (a)  "rule"  shall  mean  any  rule proposed or any rule adopted on an
emergency basis pursuant to this article, except for:
  (i) any rule defined in subparagraph (ii) of paragraph (a) of subdivi-
sion two of section one hundred two of this [article] CHAPTER;
  (ii) any rule defined in [subdivisions ten,]  SUBDIVISION  eleven  [or
twelve] of section one hundred two of this [article] CHAPTER; or
  (iii)  any  rule  proposed  or adopted by the state comptroller or the
attorney general.
  (b) "impact on jobs or employment opportunities" shall mean  a  change
in  the  number of jobs and employment opportunities, including opportu-
nities for self-employment, primarily attributable to the adoption of  a
rule,  which  would otherwise be available to the residents of the state
in the two-year period commencing on the date  the  rule  takes  effect.
"IMPACT  ON  JOBS OR EMPLOYMENT OPPORTUNITIES" SHALL ALSO MEAN A SIGNIF-
ICANT CHANGE IN EMPLOYMENT STATUS, INCLUDING WHETHER ADOPTION OF A  RULE
WOULD  HAVE  A  SIGNIFICANT  IMPACT ON AVERAGE WAGE LEVELS, HOURS AND/OR
DURATION OF EMPLOYMENT.
  (c) "substantial adverse impact on jobs or  employment  opportunities"
shall mean a decrease of more than one hundred full-time annual jobs and
employment  opportunities,  including opportunities for self-employment,
in the state, or the equivalent in  part-time  or  seasonal  employment,
which  would otherwise be available to the residents of the state in the
two-year period commencing on the date the rule takes effect.  "SUBSTAN-
TIAL ADVERSE IMPACT ON JOBS OR EMPLOYMENT OPPORTUNITIES" SHALL ALSO MEAN
ANY CHANGES IN THE STATUS OF SUCH  JOBS  AND  EMPLOYMENT  OPPORTUNITIES,
INCLUDING  BUT  NOT LIMITED TO ANY SIGNIFICANT NET REDUCTIONS IN AVERAGE
WAGE LEVELS, HOURS AND/OR DURATION OF EMPLOYMENT, THAT WOULD REPRESENT A
SUBSTANTIAL ADVERSE IMPACT ON INCOMES OR ECONOMIC SECURITY.
  S 2. Subparagraphs (vi) and (viii) of paragraph (f) of  subdivision  1
of  section  202 of the state administrative procedure act, subparagraph
(vi) as amended by chapter 610 of the  laws  of  1987  and  subparagraph
(viii)  as  amended  by  chapter 229 of the laws of 2000, are amended to
read as follows:
  (vi) include  a  regulatory  impact  statement  prepared  pursuant  to
section  two  hundred two-a of this [chapter] ARTICLE AND ANY JOB IMPACT
STATEMENT PREPARED  PURSUANT  TO  SECTION  TWO  HUNDRED  ONE-A  OF  THIS
ARTICLE,  provided,  however, if EITHER such statement exceeds two thou-
sand words, the notice shall include only a summary of such statement in
less than two thousand words;
  (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 JOB IMPACT  STATE-
MENT, the regulatory flexibility analysis, and the rural area flexibili-
ty  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  3.  Subparagraphs (v) and (vii) of paragraph (c) of subdivision 4-a
of section 202 of the state administrative procedure  act,  subparagraph
(v)  as  added  by chapter 336 of the laws of 1989 and such paragraph as
relettered by chapter 335 of the laws of 1992 and subparagraph (vii)  as

A. 7812--A                          5

amended  by  chapter  171  of  the  laws of 1994, are amended to read as
follows:
  (v)  include  a  revised regulatory impact statement, when required by
the provisions of [subparagraph (ii) of paragraph  (a)  of]  subdivision
six  of  section  two  hundred  two-a  of this [chapter] ARTICLE AND ANY
REVISED JOB IMPACT STATEMENT PREPARED PURSUANT TO  SECTION  TWO  HUNDRED
ONE-A  OF  THIS  ARTICLE,  provided,  however,  if EITHER such statement
exceeds two thousand words, the notice shall include only a  summary  of
such statement in less than two thousand words;
  (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  JOB
IMPACT  STATEMENT,  any  revised regulatory flexibility analysis 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 4. Subparagraphs (v) and (viii) of paragraph (c) of subdivision 5 of
section 202 of the state administrative procedure act, subparagraph  (v)
as amended by chapter 610 of the laws of 1987 and subparagraph (viii) as
amended  by  chapter  171  of  the  laws of 1994, are amended to read as
follows:
  (v) include a revised regulatory impact statement,  when  required  by
the  provisions  of  [subparagraph (ii) of paragraph (a) of] subdivision
six of section two hundred two-a  of  this  [chapter]  ARTICLE  AND  ANY
REVISED  JOB  IMPACT  STATEMENT PREPARED PURSUANT TO SECTION TWO HUNDRED
ONE-A OF THIS ARTICLE,  provided,  however,  if  EITHER  such  statement
exceeds  two  thousand words, the notice shall include only a summary of
such statement in less than two thousand words;
  (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  JOB  IMPACT STATEMENT,
revised regulatory flexibility analysis, REVISED rural area  flexibility
analysis or assessment of comments may be obtained; and
  S 5. Subparagraphs (viii) and (x) of paragraph (d) of subdivision 6 of
section  202  of  the  state  administrative procedure act, subparagraph
(viii) as added by chapter 17 of the laws  of  1984  and  renumbered  by
chapter 850 of the laws of 1990 and subparagraph (x) as amended by chap-
ter 171 of the laws of 1994, are amended to read as follows:
  (viii)  include  a  regulatory  impact  statement prepared pursuant to
section two hundred two-a of this [chapter] ARTICLE AND ANY  JOB  IMPACT
STATEMENT  PREPARED  PURSUANT TO SECTION TWO HUNDRED ONE-A OF THIS ARTI-
CLE, or a statement setting forth that the regulatory  impact  statement
AND/OR  JOB  IMPACT  STATEMENT  will appear in the state register within
thirty days of the effective  date  of  the  emergency  rule,  provided,
however,  if [either] ANY SUCH statement exceeds two thousand words, the
notice shall include only a summary of such statement in less  than  two
thousand words;
  (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

A. 7812--A                          6

  S 6. 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,  JOB  IMPACT
STATEMENT, regulatory flexibility analysis, rural area flexibility anal-
ysis,  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  7. 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 or adopted on an emergency basis on  or  after  such
date.