§ 201-A — Job impact

New York § 201-A

• Jurisdiction: New York
• Law SAP: State Administrative Procedure Act
• Art. 2: Rule Making

Text

§ 201-a. Job impact. 1. In developing a rule, an agency shall strive\nto accomplish the objectives of applicable statutes in a manner which\nminimizes any unnecessary adverse impacts on existing jobs and promotes\nthe development of new employment opportunities, including opportunities\nfor self-employment, for the residents of the state.\n 2. Before proposing a rule for adoption or adopting a rule on an\nemergency basis, an agency shall evaluate the potential impact of the\nrule on jobs and employment opportunities.\n (a) When it is apparent from the nature and purpose of the rule that\nit will not have a substantial adverse impact on jobs and employment\nopportunities, the agency shall include in the notice of proposed rule\nmaking or the notice of emergency adoption a statement that the agency\nhas determined that the rule will not have a substantial adverse impact\non jobs and employment opportunities; provided, however, that, where\nappropriate, such statement shall indicate that the agency has\ndetermined the rule will have a positive impact on jobs and employment\nopportunities, or will have no impact on jobs and employment\nopportunities. Except where it is evident from the subject matter of the\nrule that the rule could only have a positive impact or no impact on\njobs and employment opportunities, the agency shall include in the\nstatement prepared pursuant to this paragraph a summary of the\ninformation and methodology underlying its determination.\n (b) When it is apparent from the nature and purpose of the rule that\nit may have a substantial adverse impact on jobs or employment\nopportunities, the agency shall issue a job impact statement which\ncontains information on:\n (i) the nature of the impact the rule will have on jobs and employment\nopportunities;\n (ii) the categories of jobs or employment opportunities affected by\nthe rule;\n (iii) the approximate number of jobs or employment opportunities\naffected in each category;\n (iv) any region of the state where the rule would have a\ndisproportionate adverse impact on jobs or employment opportunities; and\n (v) any measures which the agency has taken to minimize any\nunnecessary adverse impacts on existing jobs and to promote the\ndevelopment of new employment opportunities.\n (c) When the information available to an agency is insufficient to\nenable it to determine whether a rule will have a substantial adverse\nimpact on jobs or employment opportunities, or to prepare a job impact\nstatement pursuant to paragraph (b) of this subdivision, the agency\nshall issue a statement indicating the information which it needs to\ncomplete a job impact statement and requesting the assistance of other\nstate agencies and the public in obtaining such information.\n (d) An agency shall issue a revised job impact statement when:\n (i) the information presented in the statement is inadequate or\nincomplete;\n (ii) the proposed rule contains any substantial revisions which\nnecessitate that such statement be modified; or\n (iii) the agency has issued a statement pursuant to paragraph (c) of\nthis subdivision, and has received information from other state agencies\nor the public which enable it to provide a more complete evaluation of\nthe potential impact of the rule on jobs and employment opportunities.\n (e) If, after requesting the assistance of other state agencies and\nthe public pursuant to paragraph (c) of this subdivision, an agency is\nstill unable to determine whether the rule will have a substantial\nadverse impact on jobs and employment opportunities, it may adopt the\nrule. When adopting a rule pursuant to this paragraph, the agency shall\nissue a revised job impact statement which includes information on the\nmeasures the agency took to evaluate the potential impact of the rule on\njobs and employment opportunities.\n (f) When adopting a rule on an emergency basis, an agency may defer\nthe issuance of any statement pursuant to this section, provided that\nthe statement is published in the state register within thirty days of\nthe effective date of the emergency rule.\n (g) When any statement issued pursuant to this section exceeds two\nthousand words, the agency shall prepare a summary of such statement in\nless than two thousand words for publication in the state register in\nwhich it shall identify the website of the agency, or of another state\nentity, on which the full text of the statement has been posted.\n (h) An agency may consider a series of closely related and\nsimultaneously proposed rules as one rule for the purpose of submitting\na consolidated job impact statement.\n (i) Where a rule would have a measurable impact on opportunities for\nself-employment, the agency shall include a discussion of such impact in\nany statement prepared pursuant to this section.\n 3. (a) The commissioner of labor and the commissioner of economic\ndevelopment may review any statement issued pursuant to this section,\nand may consult informally with any agency preparing such a statement\nand advise it on the potential impact of a rule on jobs and employment\nopportunities.\n (b) When the commissioner of labor and the commissioner of economic\ndevelopment concur in a determination that additional evaluation of the\npotential impact of a proposed rule on jobs and employment opportunities\nis needed to assist in the minimization of any unnecessary adverse\nimpacts of the rule on jobs or employment opportunities, they shall\nissue a statement of concurrence and transmit a copy of such statement\nto the agency and to the secretary of state for publication in the state\nregister. The statement of concurrence shall:\n (i) identify each proposed rule which is the subject of the statement\nof concurrence;\n (ii) set forth the basis for the determination that additional\nevaluation of the potential impact of the rule is needed to assist in\nthe minimization of any unnecessary adverse impacts on jobs or\nemployment opportunities, and, where relevant, identify each aspect of\nthe job impact statement which is incomplete or deficient;\n (iii) include appropriate recommendations for additional evaluation of\nthe impact of the rule or of any measures which the agency should\nconsider to minimize any adverse impacts of the rule on jobs or\nemployment opportunities; and\n (iv) specify a time period of not more than ninety days for the agency\nto perform such additional evaluation or consider such recommendations.\n (c) An agency shall strive to perform such additional evaluation or\nconsider such measures as are recommended in a statement of concurrence\nwithin the time period set forth therein. No agency shall adopt the rule\nwhich is the subject of the statement of concurrence until:\n (i) the agency has performed the additional evaluation or considered\nthe measures recommended in the statement of concurrence, and has issued\na revised job impact statement, which is acceptable to the commissioners\nof economic development and labor, setting forth any changes which it\nwill make to the rule to minimize any adverse impacts on jobs or\nemployment opportunities; or\n (ii) after the expiration of the time period set forth in the\nstatement of concurrence.\n (d) The statement of concurrence shall be considered public comment\nfor the purpose of this article and shall be summarized and analyzed in\nany assessment of public comment.\n 4. Nothing in this section shall be construed as preventing an agency\nfrom adopting a rule on an emergency basis at any time.\n 5. Copies of any statement prepared pursuant to this section,\nincluding any statement of concurrence, shall be distributed as provided\nin subdivision six-a of section two hundred two of this article.\n 6. For the purposes of this section:\n (a) "rule" shall mean any rule proposed or any rule adopted on an\nemergency basis pursuant to this article, except for:\n (i) any rule defined in subparagraph (ii) of paragraph (a) of\nsubdivision two of section one hundred two of this article;\n (ii) any rule defined in subdivisions ten, eleven or twelve of section\none hundred two of this article; or\n (iii) any rule proposed or adopted by the state comptroller or the\nattorney general.\n (b) "impact on jobs or employment opportunities" shall mean a change\nin the number of jobs and employment opportunities, including\nopportunities for self-employment, primarily attributable to the\nadoption of a rule, which would otherwise be available to the residents\nof the state in the two-year period commencing on the date the rule\ntakes effect.\n (c) "substantial adverse impact on jobs or employment opportunities"\nshall mean a decrease of more than one hundred full-time annual jobs and\nemployment opportunities, including opportunities for self-employment,\nin the state, or the equivalent in part-time or seasonal employment,\nwhich would otherwise be available to the residents of the state in the\ntwo-year period commencing on the date the rule takes effect.\n