N.Y. State Administrative Procedure Act § 201-a: Job impact

§ 201-a. Job impact. 1. In developing 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.

2. Before proposing a rule for adoption or adopting a rule on an

emergency basis, an agency shall evaluate the potential impact of the

rule on jobs and employment opportunities.

(a) When it is apparent from the nature and purpose of the rule that

it will not have a substantial adverse impact on jobs and employment

opportunities, the agency shall include in the notice of proposed rule

making or the notice of emergency adoption a statement that the agency

has determined that the rule will not have a substantial adverse impact

on jobs and employment opportunities; provided, however, that, where

appropriate, such statement shall indicate that the agency has

determined the rule will have a positive impact on jobs and employment

opportunities, or will have no impact on jobs and employment

opportunities. Except where it is evident from the subject matter of the

rule that the rule could only have a positive impact or no impact on

jobs and employment opportunities, the agency shall include in the

statement prepared pursuant to this paragraph a summary of the

information and methodology underlying its determination.

(b) When it is apparent from the nature and purpose of the rule that

it may have a substantial adverse impact on jobs or employment

opportunities, the agency shall issue a job impact statement which

contains information on:

(i) the nature of the impact the rule will have on jobs and employment

opportunities;

(ii) the categories of jobs or employment opportunities affected by

the rule;

(iii) the approximate number of jobs or employment opportunities

affected in each category;

(iv) any region of the state where the rule would have a

disproportionate adverse impact on jobs or employment opportunities; and

(v) any measures which the agency has taken to minimize any

unnecessary adverse impacts on existing jobs and to promote the

development of new 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 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 or

incomplete;

(ii) the proposed rule contains any substantial revisions which

necessitate 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

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 and

the public pursuant to paragraph (c) of this subdivision, 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 information on the

measures the agency took to evaluate the potential impact of the rule on

jobs and employment opportunities.

(f) When adopting a rule on an emergency basis, an agency may defer

the issuance of any statement pursuant to this section, provided that

the statement is published in the state register within thirty days of

the effective date of the emergency rule.

(g) When any statement issued pursuant to this section exceeds two

thousand words, the agency shall prepare a summary of such statement in

less than two thousand words for publication in the state register in

which it shall identify the website of the agency, or of another state

entity, on which the full text of the statement has been posted.

(h) An agency may consider a series of closely related and

simultaneously proposed rules as one rule for the purpose of submitting

a consolidated job impact statement.

(i) Where a rule would have a measurable impact on opportunities for

self-employment, the agency shall include a discussion of such impact in

any statement prepared pursuant to this section.

3. (a) The commissioner of labor and the commissioner of economic

development may review any statement issued pursuant to this section,

and may consult informally with any agency preparing such a statement

and advise it on the potential impact of a rule on jobs and employment

opportunities.

(b) When the commissioner of labor and the commissioner of economic

development concur in a determination that additional evaluation of the

potential impact of a proposed rule on jobs and employment opportunities

is needed to assist in the minimization of any unnecessary adverse

impacts of the rule on jobs or employment opportunities, they shall

issue a statement of concurrence and transmit a copy of such statement

to the agency and to the secretary of state for publication in the state

register. The statement of concurrence shall:

(i) identify each proposed rule which is the subject of the statement

of concurrence;

(ii) set forth the basis for the determination that additional

evaluation of the potential impact of the rule is needed to assist in

the minimization of any unnecessary adverse impacts on jobs or

employment opportunities, and, where relevant, identify each aspect of

the job impact statement which is incomplete or deficient;

(iii) include appropriate recommendations for additional evaluation of

the impact of the rule or of any measures which the agency should

consider to minimize any adverse impacts of the rule on jobs or

employment opportunities; and

(iv) specify a time period of not more than ninety days for the agency

to perform such additional evaluation or consider such recommendations.

(c) An agency shall strive to perform such additional evaluation or

consider such measures as are recommended in a statement of concurrence

within the time period set forth therein. No agency shall adopt the rule

which is the subject of the statement of concurrence until:

(i) the agency has performed the additional evaluation or considered

the measures recommended in the statement of concurrence, and has issued

a revised job impact statement, which is acceptable to the commissioners

of economic development and labor, setting forth any changes which it

will make to the rule to minimize any adverse impacts on jobs or

employment opportunities; or

(ii) after the expiration of the time period set forth in the

statement of concurrence.

(d) The statement of concurrence shall be considered public comment

for the purpose of this article and shall be summarized and analyzed in

any assessment of public comment.

4. Nothing in this section shall be construed as preventing an agency

from adopting a rule on an emergency basis at any time.

5. Copies of any statement prepared pursuant to this section,

including any statement of concurrence, shall be distributed as provided

in subdivision six-a of section two hundred two of this article.

6. For the purposes of this section:

(a) "rule" shall mean any rule proposed or any rule adopted on an

emergency basis pursuant to this article, except for:

(i) any rule defined in subparagraph (ii) of paragraph (a) of

subdivision two of section one hundred two of this article;

(ii) any rule defined in subdivisions ten, eleven or twelve of section

one hundred two of this article; or

(iii) any rule proposed or adopted by the state comptroller or the

attorney general.

(b) "impact on jobs or employment opportunities" shall mean a change

in the number of jobs and employment opportunities, including

opportunities for self-employment, primarily attributable to the

adoption of a rule, which would otherwise be available to the residents

of the state in the two-year period commencing on the date the rule

takes effect.

(c) "substantial adverse impact on jobs or employment opportunities"

shall mean a decrease of more than one hundred full-time annual jobs and

employment opportunities, including opportunities for self-employment,

in the state, or the equivalent in part-time or seasonal employment,

which would otherwise be available to the residents of the state in the

two-year period commencing on the date the rule takes effect.