The New York State Senate

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

                                  8359

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              June 15, 2019
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  preparation of an economic impact statement prior to the enactment  of
  any  rule  or regulation affecting the commercial fishing industry and
  providing for periodic review of such rules or regulations

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

  Section  1.  The environmental conservation law is amended by adding a
new section 13-0365 to read as follows:
§ 13-0365. ECONOMIC IMPACT STATEMENTS.
  1. ALL RULES AND REGULATIONS AFFECTING THE COMMERCIAL  FISHING  INDUS-
TRY,  PROMULGATED  PURSUANT  TO  THIS  TITLE,  SHALL  BE  SUBJECT TO THE
PROVISIONS OF THIS SECTION.
  2. PRIOR TO THE ADOPTION OF  ANY  PROPOSED  RULE  OR  REGULATION,  THE
DEPARTMENT  SHALL  PREPARE AN ECONOMIC IMPACT STATEMENT THAT INCLUDES AT
LEAST THE FOLLOWING ANALYSIS:
  (A) AN IDENTIFICATION AND ESTIMATE OF THE NUMBER OF THE MEMBERS OF THE
COMMERCIAL FISHING INDUSTRY AFFECTED BY THE PROPOSED RULE OR REGULATION;
  (B) THE  ADMINISTRATIVE  COSTS  TO  THE  COMMERCIAL  FISHING  INDUSTRY
REQUIRED FOR COMPLIANCE WITH THE PROPOSED RULE OR REGULATION;
  (C)  A  STATEMENT OF THE PROBABLE ECONOMIC EFFECT OF THE RULE OR REGU-
LATION ON THE COMMERCIAL FISHING INDUSTRY, INCLUDING BUT NOT LIMITED  TO
LOSS OF INCOME AND JOBS; AND
  (D)  A  DISCUSSION  OF  ANY  LESS INTRUSIVE OR LESS COSTLY ALTERNATIVE
METHODS OF ACHIEVING THE PURPOSE OF THE PROPOSED RULE OR REGULATION,  IN
ORDER  TO  MITIGATE  ADVERSE  ECONOMIC  IMPACT TO THE COMMERCIAL FISHING
INDUSTRY.
  3. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE  OF  THIS  SECTION,  THE
DEPARTMENT  SHALL  REVIEW  ALL  RULES  AND  REGULATIONS UNDER THIS TITLE
EXISTING AT THE TIME OF ENACTMENT TO DETERMINE  WHETHER  SUCH  RULES  OR

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

                                                           LBD13307-02-9

A. 8359                             2

REGULATIONS  SHALL  BE CONTINUED WITHOUT CHANGE, OR SHOULD BE AMENDED OR
RESCINDED TO MINIMIZE ECONOMIC IMPACT ON THE COMMERCIAL  FISHING  INDUS-
TRY.
  (B)  RULES  ADOPTED  AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL BE
REVIEWED EVERY TWO YEARS AFTER THE PUBLICATION  OF  SUCH  RULES  AS  THE
FINAL  RULE  TO ENSURE THAT THEY MINIMIZE ECONOMIC IMPACT ON THE COMMER-
CIAL FISHING INDUSTRY IN A MANNER CONSISTENT WITH THE STATED  OBJECTIVES
OF THIS TITLE.
  (C)  IN  REVIEWING RULES OR REGULATIONS TO MINIMIZE ECONOMIC IMPACT ON
THE COMMERCIAL FISHING  INDUSTRY,  THE  DEPARTMENT  SHALL  CONSIDER  THE
FOLLOWING FACTORS:
  (I) THE NEED FOR THE RULE OR REGULATION;
  (II) THE NATURE OF COMPLAINTS OR COMMENTS RECEIVED CONCERNING THE RULE
OR REGULATION FROM THE COMMERCIAL FISHING INDUSTRY;
  (III) THE COMPLEXITY OF THE RULE; AND
  (IV)  THE  DEGREE  TO WHICH ECONOMIC CONDITIONS, OR OTHER FACTORS HAVE
CHANGED SINCE THE ORIGINAL ENACTMENT OF THE RULE OR REGULATION.
  § 2. This act shall take effect immediately.