S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3751--A
     Cal. No. 100
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by Sens. MURPHY, PHILLIPS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Commerce, Econom-
   ic Development and Small Business -- recommitted to the  Committee  on
   Commerce,  Economic  Development and Small Business in accordance with
   Senate Rule 6, sec. 8  --  reported  favorably  from  said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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, paragraph (g) of subdivision 2
 as amended by chapter 304 of the laws of 2016, is  amended  to  read  as
 follows:
   §  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

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

                       [ ] is old law to be omitted.
                                                            LBD07809-03-8

 S. 3751--A                          2
 
 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-
 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.

 S. 3751--A                          3
 
   (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 for publication in the state register in
 which it shall identify the website of the agency, or of  another  state
 entity, on which the full text of the statement has been posted.
   (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  PARAGRAPH  (B)
 OF SUBDIVISION TWO OF 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.
   (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.

 S. 3751--A                          4

   4. Nothing in this section shall be construed as preventing an  agency
 from adopting a rule on an emergency basis at any time.
   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.
   § 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 304 of the  laws  of  2016  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 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 thousand words,
 the notice shall include only a summary of such statement in  less  than
 two  thousand  words and the full text of such statement shall be posted
 on a website maintained by the agency or another state entity until such
 statement is revised or the proposed rule is  adopted  or  withdrawn  or
 expires pursuant to 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 JOB IMPACT STATE-
 MENT, the regulatory flexibility analysis, and the rural area flexibili-
 ty analysis may be obtained; from  whom  information  about  any  public

 S. 3751--A                          5
 
 hearing  may  be obtained; and to whom written data, views and arguments
 may be submitted; and
   §  3.  Subparagraphs (v) and (vii) of paragraph (c) of subdivision 4-a
 of section 202 of the state administrative procedure  act,  subparagraph
 (v)  as  amended  by  chapter  304 of the laws of 2016, and subparagraph
 (vii) 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  paragraph  (b)  of  subdivision  six of section two
 hundred two-a of this 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 and shall identify the website of the agency,  or  of
 another  state entity, on which the complete revised text has been post-
 ed;
   (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;
   § 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 304 of the laws of 2016 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 paragraph  (b)  of  subdivision  six  of  section  two
 hundred  two-a  of  this  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
   § 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

 S. 3751--A                          6
 
 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
   § 6. Paragraphs (a) and (b) of subdivision 6-a of section 202  of  the
 state  administrative  procedure  act,  as amended by chapter 295 of the
 laws of 2017, 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  regulations
 review  commission 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 or electronic request.
   §  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.