Assembly Bill A846

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    846
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, ZEBROWSKI, CAHILL, GALEF, GLICK, BLAKE,
   DICKENS, COLTON, SCHIMMINGER, ORTIZ, JAFFEE, LAVINE,  THIELE,  D'URSO,
   JEAN-PIERRE,  CRESPO,  FRIEND  -- Multi-Sponsored by -- M. of A. COOK,
   DiPIETRO, ENGLEBRIGHT, HYNDMAN, NOLAN, SIMON -- read once and referred
   to the Committee on Governmental Operations

 AN ACT to amend the state administrative procedure act, in  relation  to
   the  provision  of  regulatory information to small businesses through
   the establishment of a small  business  regulatory  nexus  by  certain
   agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state administrative procedure act is amended by adding
 a new section 102-b to read as follows:
   § 102-B. SMALL BUSINESS  REGULATORY  NEXUS.  1.  EACH  AGENCY  WITH  A
 SUBSTANTIAL  REGULATORY  IMPACT  ON SMALL BUSINESSES SHALL ESTABLISH AND
 MAINTAIN A SECTION ON ITS WEBSITE TO BE DESIGNATED THE  "SMALL  BUSINESS
 REGULATORY  NEXUS"  OF  SUCH AGENCY. AN AGENCY SHALL BE DEEMED TO HAVE A
 SUBSTANTIAL REGULATORY IMPACT ON SMALL BUSINESSES IF IT: (A) HAS  POSTED
 TWO  OR  MORE  SMALL  BUSINESS REGULATION GUIDES PURSUANT TO SECTION ONE
 HUNDRED TWO-A OF THIS ARTICLE; (B) HAS ISSUED FIVE  OR  MORE  REGULATORY
 FLEXIBILITY  ANALYSES  IN THE PAST THREE CALENDAR YEARS; OR (C) HAS BEEN
 ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS SECTION AND  HAS  ISSUED  A
 REGULATORY  FLEXIBILITY ANALYSIS, PROVIDED THAT THE SMALL BUSINESS REGU-
 LATORY NEXUS SHALL BE ESTABLISHED WITHIN ONE HUNDRED TWENTY  DAYS  AFTER
 THE  DATE  ON  WHICH  SUCH  INITIAL  REGULATORY  FLEXIBILITY ANALYSIS IS
 PUBLISHED IN THE STATE REGISTER. AN AGENCY THAT  HAS  ISSUED  REGULATORY
 FLEXIBILITY  ANALYSES  SOLELY  TO  ADDRESS ADVERSE IMPACTS OR COMPLIANCE
 REQUIREMENTS ON LOCAL GOVERNMENTS SHALL DESIGNATE SUCH  SECTION  OF  ITS
 WEBSITE AS A "LOCAL GOVERNMENT REGULATORY NEXUS".
   2. (A) THE SMALL BUSINESS REGULATORY NEXUS SHALL INCLUDE THE FOLLOWING
 INFORMATION OR DIRECT LINKS TO SUCH INFORMATION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01557-01-9

 A. 846                              2
 
   (I) THE RULES OF THE AGENCY, IDENTIFYING THE APPLICABILITY OF ANY SUCH
 RULES TO SPECIFIC CATEGORIES OF SMALL BUSINESSES OR LOCAL GOVERNMENTS;
   (II) ANY REGULATION GUIDES POSTED BY THE AGENCY;
   (III)  ALL GUIDANCE DOCUMENTS POSTED ON THE AGENCY WEBSITE PURSUANT TO
 SUBDIVISION TWO OF SECTION TWO HUNDRED TWO-E OF THIS  CHAPTER  THAT  ARE
 APPLICABLE TO SMALL BUSINESSES AND LOCAL GOVERNMENTS;
   (IV)  EACH  NOTICE  OF PROPOSED RULE MAKING AND NOTICE OF REVISED RULE
 MAKING FOR WHICH A REGULATORY FLEXIBILITY ANALYSIS HAS BEEN ISSUED  THAT
 IS CURRENTLY UNDER CONSIDERATION BY THE AGENCY, AND EACH NOTICE OF EMER-
 GENCY  ADOPTION  FOR  A  CURRENTLY  EFFECTIVE EMERGENCY RULE FOR WHICH A
 REGULATORY FLEXIBILITY ANALYSIS HAS BEEN PREPARED OR IS  BEING  PREPARED
 BY THE AGENCY;
   (V) THE MOST RECENT REGULATORY AGENDA PUBLISHED BY THE AGENCY, IF ANY,
 INCLUDING THE IDENTIFICATION OF EACH RULE WHICH MAY REQUIRE A REGULATORY
 FLEXIBILITY  ANALYSIS  AND  OF  ANY  RULES CURRENTLY UNDER REVIEW BY THE
 AGENCY PURSUANT TO SECTION TWO HUNDRED SEVEN OF THIS CHAPTER;
   (VI) THE PLAIN LANGUAGE SUMMARY PREPARED BY  THE  AGENCY  PURSUANT  TO
 SUBDIVISION  TWO  OF  SECTION  THREE HUNDRED ONE OF THIS CHAPTER FOR ANY
 ADJUDICATORY PROCEEDINGS APPLICABLE TO SMALL BUSINESSES OR LOCAL GOVERN-
 MENTS, AND ANY STREAMLINED OPTIONAL ADJUDICATORY PROCEEDINGS  FOR  SMALL
 BUSINESSES ADOPTED BY THE AGENCY PURSUANT TO SECTION THREE HUNDRED EIGHT
 OF THIS CHAPTER;
   (VII)  A  DESCRIPTION  OF ANY COMPLIANCE ASSISTANCE PROGRAM OFFERED BY
 THE AGENCY TO SMALL BUSINESSES OR LOCAL GOVERNMENTS,  AND  OF  ANY  SUCH
 PROGRAMS  THAT  ARE  KNOWN  BY  THE AGENCY TO BE OFFERED BY OTHER STATE,
 LOCAL OR FEDERAL AGENCIES TO CATEGORIES OF  SMALL  BUSINESSES  OR  LOCAL
 GOVERNMENTS IMPACTED BY THE REGULATIONS OF THE AGENCY, INCLUDING BUT NOT
 LIMITED  TO  THE  SMALL  BUSINESS POLLUTION PREVENTION AND ENVIRONMENTAL
 COMPLIANCE ASSISTANCE PROGRAM PROVIDED PURSUANT TO  SECTION  28-0109  OF
 THE  ENVIRONMENTAL  CONSERVATION  LAW  AND  THE SMALL BUSINESS POLLUTION
 PREVENTION  AND  ENVIRONMENTAL  COMPLIANCE  OMBUDSMAN  PROGRAM  PROVIDED
 PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT OF THE ECONOMIC DEVELOPMENT
 LAW; AND
   (VIII)  ANY  OTHER  INFORMATION  THAT THE AGENCY DEEMS USEFUL TO SMALL
 BUSINESSES OR LOCAL GOVERNMENTS.
   (B) THE SMALL BUSINESS  REGULATORY  NEXUS  SHALL  PROVIDE  INTERACTIVE
 OPPORTUNITIES  FOR A SMALL BUSINESS OR LOCAL GOVERNMENT TO PROVIDE FEED-
 BACK, OBTAIN ADDITIONAL INFORMATION OR SEEK ASSISTANCE IN COMPLYING WITH
 AGENCY REGULATIONS, AND SHALL INCLUDE  INFORMATION  ON  HOW  TO  CONTACT
 MEMBERS  OF AGENCY STAFF WHO ARE KNOWLEDGEABLE ON REGULATORY PROGRAMS OF
 THE AGENCY AND CAN PROVIDE FURTHER INFORMATION.
   § 2. This act shall take effect immediately; provided,  however,  that
 any  agency to which the provisions of this act apply on such date shall
 establish a small business regulatory nexus within 120 days  after  such
 effective date.