N.Y. State Administrative Procedure Act § 202-bb: Rural area flexibility analysis

§ 202-bb. Rural area flexibility analysis. 1. Intent. The legislature

hereby finds, determines and declares that:

(a) The capacity of public and private sector interests in rural areas

to respond to state agency regulations is often constrained by an

operating environment distinctly different from that found in suburban

and metropolitan areas of the state;

(b) Factors such as population sparsity, small community size, limited

access to financial and technical assistance, undeveloped services

delivery systems, lack of economies of scale and extensive reliance on

part-time and volunteer services providers inhibits rural ability to

effectively address increasingly complex and stringent regulatory

requirements;

(c) In order to maximize sensitivity to rural strengths and

limitations, the state must continue to promote a framework which

enhances state and local cooperation in meeting rural needs; and

(d) Enhancement of this chapter to include a more thorough assessment

of regulatory impact and alternatives for rural areas can provide an

improved dialogue on critical issues, while fostering a more cohesive

and effective state/local partnership.

2. Authorization. (a) In addition to, and consistent with, the

provisions of sections two hundred two-a and two hundred two-b of this

article, agencies shall seek approaches that allow them to address their

statutory responsibilities while considering the impact of their actions

on public and private sector interests located in rural areas of the

state.

(b) In developing a rule, the agency shall consider utilizing

approaches that will accomplish the objectives of applicable statutes

while minimizing any adverse impact of the rule on public and private

sector interests in rural areas. Consistent with the objectives of

applicable statutes, the agency shall consider such approaches as:

(i) the establishment of differing compliance or reporting

requirements or timetables that take into account the resources

available to rural areas;

(ii) increased use of performance or outcome standards rather than

design or input standards; and

(iii) an exemption from coverage by the rule, or by any part thereof,

so long as the public health, safety or general welfare is not

endangered.

3. In proposing a rule for adoption or in adopting a rule on an

emergency basis, the agency shall issue a rural area flexibility

analysis regarding the rule being proposed for adoption or the emergency

rule being adopted. A copy of such analysis and any finding, and reasons

for such finding, pursuant to this section, shall be submitted in

writing, and may be transmitted electronically in accordance with

article three of the state technology law, to the governor, the

temporary president of the senate, the speaker of the assembly, the

office for regulatory and management assistance and the administrative

regulations review commission at the time such analysis is submitted or

electronically transmitted to the secretary of state for publication

and, upon written or electronic request, a copy shall be sent or

electronically transmitted to any other person. Each rural area

flexibility analysis shall contain:

(a) A description of the types and an estimate of the number of rural

areas to which the rule will apply;

(b) A description of (i) the reporting, recordkeeping and other

compliance requirements of the rule, and (ii) the kinds of professional

services that are likely to be needed in a rural area in order to comply

with such requirements;

(c) An estimate of the initial capital costs and an estimate of the

annual cost of complying with the rule, with an indication of any likely

variation in such costs for different types of public and private

entities in rural areas;

(d) An indication of how the rule is designed to minimize any adverse

impact of such rule on rural areas, including information regarding

whether the approaches suggested in subdivision two of this section or

other similar approaches were considered; and

(e) A statement indicating how the agency complied with subdivision

seven of this section.

4. (a) This section shall not apply to any rule defined in

subparagraph (ii) of paragraph (a) of subdivision two of section one

hundred two of this chapter, nor shall it apply to any rule which does

not impose an adverse impact on rural areas and which the agency finds

would not impose reporting, recordkeeping or other compliance

requirements on public or private entities in rural areas. The agency's

finding and the reasons upon which the finding was made, including what

measures the agency took to ascertain that the rule would not impose

such compliance requirements or adverse impact, shall be included in the

rule making notice as required by section two hundred two of this

chapter.

(b) A rule determined by an agency to be a consensus rule and proposed

pursuant to subparagraph (i) of paragraph (b) of subdivision one of

section two hundred two of this article shall be exempt from the

requirements of this section.

5. In order to avoid duplicative action, an agency may consider a

series of closely related rules as one rule for the purpose of complying

with subdivision three of this section.

6. In complying with the provisions of subdivision three of this

section, an agency may provide either a quantifiable or numerical

description of the effects of a rule or more general descriptive

statements if quantification is not practicable or reliable.

7. When any rule is proposed for which a rural area flexibility

analysis is required, the agency shall assure that public and private

interests in rural areas have been given an opportunity to participate

in the rule making through such activities as:

(a) the publication of a general notice of the proposed rule making;

(b) notification of public and private interests in rural areas

directly affected by the proposed rule;

(c) the conduct of special public hearings or meetings concerning the

proposed rule for those public and private interests affected by the

rule; and

(d) the adoption or modification of agency procedural rules that will

minimize the cost or complexity of participation in the rule making.

8. Each agency shall issue a revised rural area flexibility analysis

when:

(a) the information presented in the analysis submitted pursuant to

this section is inadequate or incomplete, provided, however, such

revised analysis shall be submitted as soon as practicable to the

secretary of state for publication in the state register, provided,

further, if such statement exceeds two thousand words, the notice shall

include only a summary of such statement in less than two thousand

words;

(b) a proposed rule contains any substantial revisions and such

revisions necessitate that such analysis be modified; or

(c) there are no substantial revisions in the proposed rule but there

are changes in the text of the rule as adopted when compared with the

text of the latest published version of the proposed rule and such

changes would necessitate that such analysis be modified.