Assembly Bill A9004

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9004
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 13, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Small Business
 
 AN ACT to amend the executive law, in relation to establishing the small
   business working group
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  This  act  shall  be known and may be cited as the "small
 business forward act".
   § 2. The executive law is amended by adding a new section 384 to  read
 as follows:
   § 384. SMALL BUSINESS WORKING GROUP. 1. THERE IS HEREBY CREATED IN THE
 EXECUTIVE  DEPARTMENT, NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE
 OF THIS SECTION, A SMALL BUSINESS WORKING GROUP CONSISTING OF:
   (A) THE DIRECTOR OF THE DIVISION OF BUILDING STANDARDS AND  CODES,  OR
 SUCH DIRECTOR'S DESIGNEE;
   (B) THE DIRECTOR OF THE DIVISION OF LICENSING SERVICES, OR SUCH DIREC-
 TOR'S DESIGNEE;
   (C) THE COMMISSIONER OF HEALTH, OR SUCH COMMISSIONER'S DESIGNEE;
   (D)  THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
 OR SUCH COMMISSIONER'S DESIGNEE;
   (E) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS,  OR
 SUCH COMMISSIONER'S DESIGNEE;
   (F) THE HEADS OF SUCH OTHER DEPARTMENTS OR DIVISIONS WITHIN THE EXECU-
 TIVE  DEPARTMENT AND SUCH OTHER STATE AGENCIES AS SHALL BE DESIGNATED BY
 THE GOVERNOR, OR THEIR  DESIGNEES,  INCLUDING,  WHEN  APPROPRIATE,  SUCH
 DEPARTMENTS,  DIVISIONS  OR  AGENCIES  WITH  SUBJECT MATTER EXPERTISE IN
 PUBLIC HEALTH, INSPECTIONS, OR SMALL BUSINESSES;
   (G) TWO MEMBERS APPOINTED BY THE GOVERNOR UPON THE  RECOMMENDATION  OF
 THE TEMPORARY PRESIDENT OF THE SENATE;
   (H)  TWO  MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF
 SPEAKER OF THE ASSEMBLY;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13533-02-5
              

 A. 9004                             2
 
   (I) ONE MEMBER APPOINTED BY THE GOVERNOR UPON  THE  RECOMMENDATION  OF
 THE MINORITY LEADER OF THE SENATE; AND
   (J)  ONE  MEMBER  APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF
 THE MINORITY LEADER OF THE ASSEMBLY.
   2. THE DEPARTMENT SHALL PROVIDE NECESSARY TECHNICAL AND STAFF  ASSIST-
 ANCE  TO  THE  WORKING  GROUP.  ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
 COMMISSION, AUTHORITY OR AGENCY OF  THE  STATE,  AS  SUCH  ENTITY  SHALL
 DETERMINE  APPROPRIATE, IS AUTHORIZED TO PROVIDE SUCH INFORMATION, COOP-
 ERATION, OR ASSISTANCE AS MAY BE REQUESTED BY THE WORKING GROUP TO CARRY
 OUT THE PURPOSES OF THIS SECTION.
   3. THE PRESIDENT OF THE EMPIRE  STATE  DEVELOPMENT  CORPORATION  SHALL
 SERVE,  EX  OFFICIO, AS THE CHAIR OF THE WORKING GROUP, AND THE GOVERNOR
 SHALL DESIGNATE THE VICE CHAIR  OF  THE  WORKING  GROUP.  IN  APPOINTING
 MEMBERS  OF  THE WORKING GROUP, APPOINTING AUTHORITIES SHALL ENSURE THAT
 SUCH MEMBERS, AS A GROUP, REPRESENT DIVERSE PUBLIC HEALTH  AND  BUSINESS
 PERSPECTIVES RELEVANT TO THE DUTIES OF THE WORKING GROUP. THE MEMBERS OF
 THE  WORKING  GROUP, EXCEPT THOSE WHO SERVE EX OFFICIO, SHALL BE ALLOWED
 THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
 DUTIES UNDER THIS ARTICLE BUT SHALL RECEIVE NO  ADDITIONAL  COMPENSATION
 FOR SERVICES RENDERED PURSUANT TO THIS ARTICLE.
   4.  THE WORKING GROUP SHALL HAVE THE FOLLOWING POWERS AND RESPONSIBIL-
 ITIES:
   (A) TO IDENTIFY THE TWENTY-FIVE PROVISIONS OF LAW OR  RULES  THAT  ARE
 MOST FREQUENTLY ENFORCED THROUGH THE ISSUANCE OF NOTICES OF VIOLATION BY
 OR  ON  BEHALF  OF EACH INSPECTION OFFICE AND AGENCY, AND, TO THE EXTENT
 PRACTICABLE, IDENTIFY THOSE VIOLATIONS THAT ARE MOST  FREQUENTLY  ISSUED
 TO SMALL BUSINESSES;
   (B)  TO  EVALUATE EACH PROVISION OF LAW OR RULE IDENTIFIED PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION AND DETERMINE WHETHER:
   (I) SUCH  PROVISION  IS  NECESSARY  TO  PROMOTE  AN  IMPORTANT  PUBLIC
 PURPOSE, AND, IF NOT, ASSESS WHETHER SUCH PROVISION SHOULD BE AMENDED OR
 REPEALED TO BETTER EFFECTUATE THE PUBLIC PURPOSE AT ISSUE;
   (II)  CIVIL  PENALTIES ESTABLISHED TO ENFORCE SUCH PROVISION ARE IN AN
 AMOUNT APPROPRIATE TO ACHIEVE THE PUBLIC PURPOSE SOUGHT TO  BE  ACHIEVED
 BY THE PROVISION OR, WHETHER SUCH CIVIL PENALTIES SHOULD BE REDUCED; AND
   (III)  ANY SUCH PROVISION ESTABLISHING SUCH CIVIL PENALTIES REQUIRES A
 WARNING OR CURE PERIOD FOR PERSONS WHO VIOLATE SUCH  PROVISION  FOR  THE
 FIRST TIME, OR WHETHER RULES SHOULD BE ADOPTED IMPLEMENTING SUCH A WARN-
 ING OR CURE PERIOD.
   (C)  TO SPECIFY WHETHER LEGISLATION, RULEMAKING, OR ANY OTHER ADMINIS-
 TRATIVE REFORM, IS RECOMMENDED FOR EACH PROVISION OF LAW OR RULE IDENTI-
 FIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION  AND  TO  SEEK  INPUT
 FROM EACH INSPECTION OFFICE OR AGENCY WHICH ENFORCES SUCH PROVISION;
   (D) TO EXPLAIN THE REASON FOR EACH PROVISION OF LAW OR RULE IDENTIFIED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION FOR WHICH SUCH THE WORKING
 GROUP  DETERMINES  THAT  NEITHER  LEGISLATION, RULEMAKING, NOR ANY OTHER
 ADMINISTRATIVE REFORM IS RECOMMENDED PURSUANT TO PARAGRAPH (C)  OF  THIS
 SUBDIVISION,  INCLUDING  BUT  NOT  LIMITED  TO, SPECIFYING THE SAFETY OR
 HEALTH RISKS THAT COULD ENSUE FROM ANY CHANGE TO SUCH PROVISION;
   (E) TO THE EXTENT PRACTICABLE, TO RECEIVE AND  RESPOND  TO  INQUIRIES,
 INCLUDING DATA REQUESTS, AND RECOMMENDATIONS; AND
   (F)  TO  REPORT  ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY,  THE
 MINORITY  LEADER OF THE SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY.
 THE WORKING GROUP MAY AT ANY TIME  MAKE  RECOMMENDATIONS  TO  AN  AGENCY
 A. 9004                             3
 
 BASED  UPON THE WORKING GROUP'S REVIEW OF SUCH AGENCY'S RULEMAKING PROC-
 ESS, OR ANY OF SUCH AGENCY'S PROPOSED, REVISED OR ADOPTED RULES.
   5.  IF  ANY  APPOINTMENTS TO THE WORKING GROUP ARE NOT MADE WITHIN SIX
 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THEN THE WORKING GROUP MAY
 PROCEED TO MEET AND FULFILL ITS RESPONSIBILITIES, PURSUANT  TO  SUBDIVI-
 SION FOUR OF THIS SECTION WITHOUT SUCH APPOINTEES.
   § 3. This act shall take effect immediately.