N.Y. SAP Law § 202-BB — New York Code / Act SAP / Article 2 / Section 202-BB
Rural area flexibility analysis
Status: in_force

§ 202-bb. Rural area flexibility analysis. 1. Intent. The legislature\nhereby finds, determines and declares that:\n  (a) The capacity of public and private sector interests in rural areas\nto respond to state agency regulations is often constrained by an\noperating environment distinctly different from that found in suburban\nand metropolitan areas of the state;\n  (b) Factors such as population sparsity, small community size, limited\naccess to financial and technical assistance, undeveloped services\ndelivery systems, lack of economies of scale and extensive reliance on\npart-time and volunteer services providers inhibits rural ability to\neffectively address increasingly complex and stringent regulatory\nrequirements;\n  (c) In order to maximize sensitivity to rural strengths and\nlimitations, the state must continue to promote a framework which\nenhances state and local cooperation in meeting rural needs; and\n  (d) Enhancement of this chapter to include a more thorough assessment\nof regulatory impact and alternatives for rural areas can provide an\nimproved dialogue on critical issues, while fostering a more cohesive\nand effective state/local partnership.\n  2. Authorization. (a) In addition to, and consistent with, the\nprovisions of sections two hundred two-a and two hundred two-b of this\narticle, agencies shall seek approaches that allow them to address their\nstatutory responsibilities while considering the impact of their actions\non public and private sector interests located in rural areas of the\nstate.\n  (b) In developing a rule, the agency shall consider utilizing\napproaches that will accomplish the objectives of applicable statutes\nwhile minimizing any adverse impact of the rule on public and private\nsector interests in rural areas. Consistent with the objectives of\napplicable statutes, the agency shall consider such approaches as:\n  (i) the establishment of differing compliance or reporting\nrequirements or timetables that take into account the resources\navailable to rural areas;\n  (ii) increased use of performance or outcome standards rather than\ndesign or input standards; and\n  (iii) an exemption from coverage by the rule, or by any part thereof,\nso long as the public health, safety or general welfare is not\nendangered.\n  3. In proposing a rule for adoption or in adopting a rule on an\nemergency basis, the agency shall issue a rural area flexibility\nanalysis regarding the rule being proposed for adoption or the emergency\nrule being adopted. A copy of such analysis and any finding, and reasons\nfor such finding, pursuant to this section, shall be submitted in\nwriting, and may be transmitted electronically in accordance with\narticle three of the state technology law, to the governor, the\ntemporary president of the senate, the speaker of the assembly, the\noffice for regulatory and management assistance and the administrative\nregulations review commission at the time such analysis is submitted or\nelectronically transmitted to the secretary of state for publication\nand, upon written or electronic request, a copy shall be sent or\nelectronically transmitted to any other person. Each rural area\nflexibility analysis shall contain:\n  (a) A description of the types and an estimate of the number of rural\nareas to which the rule will apply;\n  (b) A description of (i) the reporting, recordkeeping and other\ncompliance requirements of the rule, and (ii) the kinds of professional\nservices that are likely to be needed in a rural area in order to comply\nwith such requirements;\n  (c) An estimate of the initial capital costs and an estimate of the\nannual cost of complying with the rule, with an indication of any likely\nvariation in such costs for different types of public and private\nentities in rural areas;\n  (d) An indication of how the rule is designed to minimize any adverse\nimpact of such rule on rural areas, including information regarding\nwhether the approaches suggested in subdivision two of this section or\nother similar approaches were considered; and\n  (e) A statement indicating how the agency complied with subdivision\nseven of this section.\n  4. (a) This section shall not apply to any rule defined in\nsubparagraph (ii) of paragraph (a) of subdivision two of section one\nhundred two of this chapter, nor shall it apply to any rule which does\nnot impose an adverse impact on rural areas and which the agency finds\nwould not impose reporting, recordkeeping or other compliance\nrequirements on public or private entities in rural areas. The agency's\nfinding and the reasons upon which the finding was made, including what\nmeasures the agency took to ascertain that the rule would not impose\nsuch compliance requirements or adverse impact, shall be included in the\nrule making notice as required by section two hundred two of this\nchapter.\n  (b) A rule determined by an agency to be a consensus rule and proposed\npursuant to subparagraph (i) of paragraph (b) of subdivision one of\nsection two hundred two of this article shall be exempt from the\nrequirements of this section.\n  5. In order to avoid duplicative action, an agency may consider a\nseries of closely related rules as one rule for the purpose of complying\nwith subdivision three of this section.\n  6. In complying with the provisions of subdivision three of this\nsection, an agency may provide either a quantifiable or numerical\ndescription of the effects of a rule or more general descriptive\nstatements if quantification is not practicable or reliable.\n  7. When any rule is proposed for which a rural area flexibility\nanalysis is required, the agency shall assure that public and private\ninterests in rural areas have been given an opportunity to participate\nin the rule making through such activities as:\n  (a) the publication of a general notice of the proposed rule making;\n  (b) notification of public and private interests in rural areas\ndirectly affected by the proposed rule;\n  (c) the conduct of special public hearings or meetings concerning the\nproposed rule for those public and private interests affected by the\nrule; and\n  (d) the adoption or modification of agency procedural rules that will\nminimize the cost or complexity of participation in the rule making.\n  8. Each agency shall issue a revised rural area flexibility analysis\nwhen:\n  (a) the information presented in the analysis submitted pursuant to\nthis section is inadequate or incomplete, provided, however, such\nrevised analysis shall be submitted as soon as practicable to the\nsecretary of state for publication in the state register, provided,\nfurther, if such statement exceeds two thousand words, the notice shall\ninclude only a summary of such statement in less than two thousand\nwords;\n  (b) a proposed rule contains any substantial revisions and such\nrevisions necessitate that such analysis be modified; or\n  (c) there are no substantial revisions in the proposed rule but there\nare changes in the text of the rule as adopted when compared with the\ntext of the latest published version of the proposed rule and such\nchanges would necessitate that such analysis be modified.\n