Senate Bill S28

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   28--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KAPLAN, HELMING, HINCHEY, JORDAN, MARTUCCI, RATH,
   STEC, TEDISCO -- read twice and ordered printed, and when  printed  to
   be  committed  to  the Committee on Commerce, Economic Development and
   Small Business -- recommitted to the Committee on  Commerce,  Economic
   Development  and Small Business in accordance with Senate Rule 6, sec.
   8 -- committee discharged, bill amended, ordered reprinted as  amended
   and recommitted to said committee
 
 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-c to read as follows:
   §  102-C.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01069-02-2
              

 S. 28--A                            2
 
 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:
   (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.