Bill S2158-2013

Requires agencies to consider the impact of proposed rules on existing and potential future jobs and employment opportunities

Requires agencies to consider the impact of proposed rules on existing and potential future jobs and employment opportunities.

Details

Actions

  • May 14, 2014: referred to governmental operations
  • May 13, 2014: DELIVERED TO ASSEMBLY
  • May 13, 2014: PASSED SENATE
  • Feb 11, 2014: ADVANCED TO THIRD READING
  • Feb 10, 2014: 2ND REPORT CAL.
  • Feb 4, 2014: 1ST REPORT CAL.111
  • Jan 8, 2014: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Apr 15, 2013: referred to governmental operations
  • Apr 15, 2013: DELIVERED TO ASSEMBLY
  • Apr 15, 2013: PASSED SENATE
  • Feb 28, 2013: ADVANCED TO THIRD READING
  • Feb 27, 2013: 2ND REPORT CAL.
  • Feb 12, 2013: 1ST REPORT CAL.82
  • Jan 14, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Votes

VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - Feb 12, 2013
Ayes (9): Valesky, Boyle, Gallivan, Felder, Fuschillo, Robach, Kennedy, Hassell-Thompson, O'Brien
Ayes W/R (2): Griffo, Sanders
VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - Feb 4, 2014
Ayes (10): Valesky, Boyle, Gallivan, Felder, Griffo, Robach, Kennedy, Hassell-Thompson, Sanders, O'Brien

Memo

BILL NUMBER:S2158

TITLE OF BILL: An act to amend the state administrative procedure act, in relation to the impact of proposed rules on jobs and employment opportunities

PURPOSE: To reform the provisions of law that relate to the Job Impact Statement (JIS) and to better incorporate the notice filings of the JIS into the rule making filing and publications provisions of the State Administrative Procedure Act as is now commonly practiced by state agencies.

SUMMARY OF PROVISIONS:

Section 1: Amends SAPA section 201-a (1) to ensure that a state agency when it is developing and promulgating a rule, throughout the entire rule making process, shall strive to accomplish the objectives of applicable statues in a manner that does not unnecessarily impose adverse impacts on existing jobs or Potential future jobs.

Section 2: Amends SAPA section 201-a (2) to require that a state agency shall, when promulgating a rule, evaluate, in addition to the possibility of existing job losses due to the promulgation of a rule, to also consider the loss of potential future jobs that could have been created.

Section 3: A technical amendment to SAPA section 202(1) to codify the current law in SAPA Section 201-a and by current practice where state agencies are incorporating the JIS into the notice of proposed rule making.

Section 4: A technical amendment to SAPA section 202 (4-a) to codify the current law in SAPA section 201-a and by the current practice where state agencies are incorporating the JIS into the notice of revised rule making.

Section 5: A technical amendment to SAPA section 202 (5) to codify the current law in SAPA section 201-a and by current practice where state agencies are incorporating the JIS into the notice of adoption of a rule.

Section 6: A technical amendment to SAPA section 202 (6) to codify the current law in SAPA section 201-a and by current practice where state agencies are incorporating the JIS into the notice of emergency adoption.

Section 7: A technical amendment to SAPA section 202 (6-a) to codify the current law in SAPA section 201-a and by current practice where state agencies are incorporating the JIS into the provision of SAPA that outlines the distribution of rule making information.

Section 8: Effective date.

JUSTIFICATION: The purpose of this bill is to better integrate into SAPA the concept that state agencies, when promulgating a rule, should from the initial development, preparation, and ultimate promulgation of a rule, strive to promulgate rules in a manner that minimizes any unnecessary adverse impacts on both existing jobs or potential adverse effects on future jobs and employment opportunities. The bulk of this bill is to include the proper cross references in the rule making filing provisions of SAPA section 202 that are inferred in SAPA section 201-a, which establishes the JIS.

LEGISLATIVE HISTORY: S.6444 of 2011-12

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: January 1st, next succeeding the date upon which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2158 2013-2014 Regular Sessions IN SENATE January 14, 2013 ___________
Introduced by Sens. VALESKY, MAZIARZ, RANZENHOFER, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business AN ACT to amend the state administrative procedure act, in relation to the impact of proposed rules on jobs and employment opportunities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 201-a of the state administrative procedure act, as added by chapter 189 of the laws of 1996, is amended to read as follows: 1. In [developing] THE INITIAL DEVELOPMENT, PREPARATION AND PROMULGA- TION OF a rule, an agency shall strive to accomplish the objectives of applicable statutes in a manner which minimizes any unnecessary adverse impacts on existing jobs and promotes the development of new employment opportunities, including opportunities for self-employment, for the residents of the state. S 2. The opening paragraph, and paragraphs (c), (d) and (e) of subdi- vision 2 of section 201-a of the state administrative procedure act, as added by chapter 189 of the laws of 1996, are amended to read as follows: Before proposing a rule for adoption or adopting a rule on an emergen- cy basis, an agency shall evaluate the potential impact of the rule on EXISTING AND POTENTIAL FUTURE jobs and employment opportunities. (c) When the information available to an agency is insufficient to enable it to determine whether a rule will have a substantial adverse impact on jobs or employment opportunities, or to prepare a job impact statement pursuant to paragraph (b) of this subdivision, the agency shall issue a statement indicating the information which it needs to complete a job impact statement and requesting the assistance of other state agencies, REGULATED PERSONS and the public in obtaining such information.
(d) An agency shall issue a revised job impact statement when: (i) the information presented in the statement is inadequate, MISLEAD- ING or incomplete; (ii) the proposed rule contains any substantial revisions which neces- sitate that such statement be modified; or (iii) the agency has issued a statement pursuant to paragraph (c) of this subdivision, and has received information from other state agencies, REGULATED PERSONS or the public which enable it to provide a more complete evaluation of the potential impact of the rule on jobs and employment opportunities. (e) If, after requesting the assistance of other state agencies, REGU- LATED PERSONS and the public pursuant to paragraph (c) of this subdivi- sion, an agency is still unable to determine whether the rule will have a substantial adverse impact on jobs and employment opportunities, it may adopt the rule. When adopting a rule pursuant to this paragraph, the agency shall issue a revised job impact statement which includes infor- mation on the measures the agency took to evaluate the potential impact of the rule on jobs and employment opportunities. S 3. Subparagraph (viii) of paragraph (f) of subdivision 1 of section 202 of the state administrative procedure act, as amended by chapter 229 of the laws of 2000, is amended and a new subparagraph (vii-a) is added to read as follows: (VII-A) INCLUDE THE JOB IMPACT STATEMENTS PREPARED PURSUANT TO SECTION TWO HUNDRED ONE-A OF THIS ARTICLE; (viii) give the name, public office address and telephone number of an agency representative, who is knowledgeable on the proposed rule, from whom the complete text of such rule and any scientific or statistical study, report and analysis that served as the basis for the rule and any supporting data, the regulatory impact statement, the regulatory flexi- bility analysis, THE JOB IMPACT STATEMENT and the rural area flexibility analysis may be obtained; from whom information about any public hearing may be obtained; and to whom written data, views and arguments may be submitted; and S 4. Subparagraph (vii) of paragraph (c) of subdivision 4-a of section 202 of the state administrative procedure act, as amended by chapter 171 of the laws of 1994, is amended and a new subparagraph (vi-a) is added to read as follows: (VI-A) INCLUDE THE REVISED JOB IMPACT STATEMENTS PREPARED PURSUANT TO SECTION TWO HUNDRED ONE-A OF THIS ARTICLE; (vii) give the name, address and telephone number of an agency repre- sentative knowledgeable on the rule, from whom the complete revised text of such rule, any revised regulatory impact statement, any revised regu- latory flexibility analysis, ANY REVISED JOB IMPACT STATEMENT and any revised rural area flexibility analysis may be obtained; from whom information about any additional public hearing may be obtained; and to whom written data, views and arguments may be submitted; S 5. Subparagraph (viii) of paragraph (c) of subdivision 5 of section 202 of the state administrative procedure act, as amended by chapter 171 of the laws of 1994, is amended and a new subparagraph (vi-a) is added to read as follows: (VI-A) INCLUDE THE REVISED JOB IMPACT STATEMENTS PREPARED PURSUANT TO SECTION TWO HUNDRED ONE-A OF THIS ARTICLE; (viii) give the name, public office address and telephone number of an agency representative from whom the complete text of the rule and any revised regulatory impact statement, revised regulatory flexibility
analysis, REVISED JOB IMPACT STATEMENT, rural area flexibility analysis or assessment of comments may be obtained; and S 6. Subparagraph (x) of paragraph (d) of subdivision 6 of section 202 of the state administrative procedure act, as amended by chapter 171 of the laws of 1994, is amended and a new subparagraph (ix-a) is added to read as follows: (IX-A) INCLUDE THE JOB IMPACT STATEMENT PREPARED PURSUANT TO SECTION TWO HUNDRED ONE-A OF THIS ARTICLE; (x) give the name, public office address and telephone number of an agency representative, knowledgeable on the rule, from whom a complete text of such rule, the regulatory impact statement, THE JOB IMPACT STATEMENT, regulatory flexibility analysis, and the rural area flexibil- ity analysis may be obtained; from whom information about any public hearing may be obtained; and to whom written data, views and arguments may be submitted; and S 7. Paragraphs (a) and (b) of subdivision 6-a of section 202 of the state administrative procedure act, as amended by chapter 171 of the laws of 1994, are amended to read as follows: (a) An agency shall transmit a copy of any rule making notice prepared pursuant to this article to the governor, the temporary president of the senate, the speaker of the assembly[,] AND the administrative regu- lations review commission [and the office of regulatory and management assistance] at the time such notice is submitted to the secretary of state for publication in the state register. Such transmittal shall include the complete rule text, regulatory impact statement, JOB IMPACT STATEMENT, regulatory flexibility analysis, rural area flexibility anal- ysis, or revisions thereof, and any other information submitted to the secretary of state pursuant to this article. (b) An agency shall make a copy of the complete text of any proposed, adopted or emergency rule, regulatory impact statement, regulatory flex- ibility analysis, JOB IMPACT STATEMENT rural area flexibility analysis, or revisions thereof available to the public at the time such documents are submitted to the secretary of state for publication in the state register and shall send to any person a copy of such text upon written request. S 8. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law, and shall apply to any rule first proposed on or after such date.

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