S T A T E   O F   N E W   Y O R K
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     S. 5163                                                  A. 5816
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 25, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation
 
 IN  ASSEMBLY  -- 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05808-01-1
              

 S. 5163                             2                            A. 5816
 
 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
 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.