S T A T E O F N E W Y O R K
________________________________________________________________________
1133
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
___________
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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02870-01-5
A. 1133 2
prepared pursuant to section two hundred two of this [chapter] ARTICLE,
the reason or reasons for claiming such exemption.
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.
A. 1133 3
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.