NY State Senate Bill S5812

Archive: Last Bill Status Via A842 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 06, 2019	approval memo.25 signed chap.577
Nov 26, 2019	delivered to governor
Jun 14, 2019	returned to assembly passed senate 3rd reading cal.1400 substituted for s5812
Jun 14, 2019	substituted by a842 ordered to third reading cal.1400 committee discharged and committed to rules
May 15, 2019	referred to commerce, economic development and small business

Votes

Co-Sponsors

S5812 (ACTIVE) - Details

See Assembly Version of this Bill:: A842
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202-b, St Ad Proc Act
Versions Introduced in 2017-2018 Legislative Session:: S5719, A7125

S5812 (ACTIVE) - Summary

Relates to the time needed by small businesses and local governments to comply with new regulations.

S5812 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5812               REVISED 05/31/19

SPONSOR: KAPLAN
 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires agencies proposing regulations that affect small
businesses or local governments to assess the minimum time such entities
will need to come into compliance with any new regulatory requirements.

 
SUMMARY OF SPECIFIC PROVISIONS:

Bill § 1 amends subdivision 2 of § 202-b of the State Administrative
Procedure Act (SAPA), which requires an agency to prepare a regulatory
flexibility analysis (RFA) when a new rule would impose adverse economic
impacts or reporting, recordkeeping or other compliance requirements on
small businesses or local governments.

Subdivision 2 is amended to require that the RFA include an assessment
of the minimum time that will be needed by small businesses and local
governments to come into compliance with the rule, taking into consider-
ation any applicable practical, legal and economic or fiscal constraints
on such compliance, and a description of the measures that the agency

intends to utilize to ensure that small businesses and local governments
are informed of new or amended compliance requirements with sufficient
lead time to achieve compliance without experiencing unnecessary costs
or burdens.

Bill § 2 amends subdivision 6 of SAPA . 202-b, which currently requires
agencies to assure that small businesses and local governments have been
given an opportunity to participate in the rulemaking requiring an RFA.

The amendments instead require the agency to actively solicit such
participation, and clarify that merely publishing the rule in the State
Register and posting it on the agency's website is not enough:  the
agency must take additional actions to ensure that affected entities are
aware of and invited to provide input on proposed policy changes.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

SAPA § 202-a(3)(i) requires an agency to indicate in a rule's regulatory
impact statement "the estimated period of time necessary to enable regu-
lated persons to achieve compliance" with a rule, but does not require
any consideration of the different sizes or types of entities affected
by the rule.

SAPA § 202-b requires agencies to assure that small businesses and local
governments have been given an opportunity to participate in a rulemak-
ing that could affect them, and lists a number of targeted means of
outreach that agencies may employ. However, agencies frequently indicate
that the routine activities of Register publication and online posting
alone are sufficient to comply with this requirement.

 
JUSTIFICATION:

New regulations can be needed to protect health and the environment,
promote fairness or achieve other important social goals. However, such
goals are only met when affected entities come into compliance with such
regulations, which cannot always occur overnight. Small businesses
cannot immediately access funding, retool their physical plants or train
employees, and local governments must often observe specific legal and
fiscal procedures before acting.

This bill would require agencies proposing new rules that would impact
small businesses and local governments to give due consideration to the
practical, legal and economic or fiscal constraints that may affect the
ability of these entities to implement new regulatory requirements. It
also requires agencies to identify the means by which they intend to
communicate policy changes, since no such requirements will be effective
if the target audience does not actually receive timely and adequate
information on what is expected of them. Finally, to improve both the
awareness of pending regulations and the effectiveness of the rulemaking
process, the bill reiterates that an agency proposing a rule requiring
an RFA must engage in targeted outreach to actively solicit input from
affected entities.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
First day of November after becoming law.

S5812 (ACTIVE) - Bill Text download pdf


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

                                  5812

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 15, 2019
                               ___________

Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the state administrative procedure act, in relation to
  the time needed by small businesses and local  governments  to  comply
  with new regulations

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

  Section 1. Paragraphs (e) and (f) of subdivision 2 of section 202-b of
the state administrative procedure act are relettered paragraphs (f) and
(g) and a new paragraph (e) is added to read as follows:
  (E) AN ASSESSMENT OF THE MINIMUM TIME THAT WILL  BE  NEEDED  BY  SMALL
BUSINESSES  AND LOCAL GOVERNMENTS TO COME INTO COMPLIANCE WITH THE RULE,
TAKING INTO CONSIDERATION ANY APPLICABLE PRACTICAL, LEGAL  AND  ECONOMIC
OR FISCAL CONSTRAINTS ON SUCH COMPLIANCE, AND A DESCRIPTION OF THE MEAS-
URES  THAT THE AGENCY INTENDS TO UTILIZE TO ENSURE THAT SMALL BUSINESSES
AND LOCAL GOVERNMENTS ARE INFORMED OF NEW OR AMENDED COMPLIANCE REQUIRE-
MENTS WITH SUFFICIENT LEAD TIME TO ACHIEVE COMPLIANCE WITHOUT EXPERIENC-
ING UNNECESSARY COSTS OR BURDENS;
  § 2. The opening paragraph and  paragraph  (b)  of  subdivision  6  of
section  202-b  of the state administrative procedure act, as amended by
chapter 611 of the laws of 1996, are amended to read as follows:
  When any rule is proposed for which a regulatory flexibility  analysis
is  required, the agency shall assure that IT HAS ACTIVELY SOLICITED THE
PARTICIPATION OF small businesses and local governments [have been given
an opportunity to participate] in the rule making through ACTIVITIES  IN
ADDITION  TO  PUBLICATION IN THE STATE REGISTER AND POSTING ON THE AGEN-
CY'S WEBSITE, such [activities] as:
  (b) the direct notification of interested small businesses  and  local
governments  affected by the proposed rule OR ORGANIZATIONS REPRESENTING
THE INTERESTS OF SUCH ENTITIES;

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

                                                           LBD01558-01-9

S. 5812                             2

  § 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall apply to  all
rules  for  which  a  notice  of proposed rule making is published on or
after such date.

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senate Bill S5812

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Archive: Last Bill Status Via A842 - Signed by Governor

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Votes

Jun 14, 2019 - floor Vote

Floor Vote: Jun 14, 2019

Jun 14, 2019 - Rules committee Vote

Rules Committee Vote: Jun 14, 2019

Co-Sponsors

S5812 (ACTIVE) - Details

S5812 (ACTIVE) - Summary

S5812 (ACTIVE) - Sponsor Memo

S5812 (ACTIVE) - Bill Text download pdf

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Archive: Last Bill Status Via A842 - Signed by Governor

Your Voice

Actions

Votes

Jun 14, 2019 - floor Vote

Floor Vote: Jun 14, 2019

Jun 14, 2019 - Rules committee Vote

Rules Committee Vote: Jun 14, 2019

Co-Sponsors

S5812 (ACTIVE) - Details

S5812 (ACTIVE) - Summary

S5812 (ACTIVE) - Sponsor Memo

S5812 (ACTIVE) - Bill Text download pdf

Comments

Related Recent Legislation

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