2023 New York Laws › SAP - State Administrative Procedure Act › Article 2 - Rule Making › 202-A - Regulatory Impact.

§  202-a. Regulatory impact. 1. In developing a rule, an agency shall,
to the extent consistent with the  objectives  of  applicable  statutes,
consider   utilizing  approaches  which  are  designed  to  avoid  undue
deleterious economic effects or overly burdensome impacts  of  the  rule
upon  persons,  including  persons  residing  in  New York state's rural
areas, directly or indirectly affected by it  or  upon  the  economy  or
administration  of state or local governmental agencies. Such approaches
shall include, but not be limited to, the specification  of  performance
standards rather than design standards.
2.  Each  agency shall, except as provided in subdivision five of this
section, issue a regulatory impact statement for  a  rule  proposed  for
adoption or a rule adopted on an emergency basis.
3. Each regulatory impact statement shall contain:
(a) Statutory authority. A statement analyzing the statutory authority
for  the  rule, including but not limited to the agency's interpretation
of the legislative objectives of such authority;
(b) Needs and benefits. A statement  setting  forth  the  purpose  of,
necessity  for,  and  benefits derived from the rule, a citation for and
summary, not to  exceed  five  hundred  words,  of  each  scientific  or
statistical  study,  report or analysis that served as the basis for the
rule, an explanation of how it was used to determine the  necessity  for
and  benefits  derived  from  the  rule, and the name of the person that
produced each study, report or analysis;
(c) Costs. A statement detailing the  projected  costs  of  the  rule,
which shall indicate:
(i)  the  costs  for  the implementation of, and continuing compliance
with, the rule to regulated persons;
(ii) the costs for the implementation of, and continued administration
of, the rule to the agency and to the state and its  local  governments;
and
(iii)  the  information,  including  the  source  or  sources  of such
information, and methodology upon which the cost analysis is based; or
(iv) where an agency finds that it cannot fully provide a statement of
such costs, a statement setting forth its  best  estimate,  which  shall
indicate  the  information and methodology upon which such best estimate
is based and the reason or reasons why a complete cost statement  cannot
be provided;
(d)  Paperwork.  A  statement  describing  the  need for any reporting
requirements, including  forms  and  other  paperwork,  which  would  be
required as a result of the rule;
(e)  Local  government  mandates.  A statement describing any program,
service, duty or responsibility imposed by the  rule  upon  any  county,
city,  town,  village,  school  district, fire district or other special
district;
(f) Duplication. A statement  identifying  relevant  rules  and  other
legal requirements of the state and federal governments, including those
which may duplicate, overlap or conflict with the rule. If the statement
indicates  that  the  rule would duplicate, overlap or conflict with any
other relevant rule or legal  requirement,  the  statement  should  also
identify  all efforts which the agency has or will undertake to resolve,
or minimize the impact of, such  duplication,  overlap  or  conflict  on
regulated  persons, including, but not limited to, seeking waivers of or
exemptions  from  such  other  rules  or  legal  requirements,   seeking
amendment  of such other rules or legal requirements, or entering into a
memorandum of understanding or other  agreement  concerning  such  other
rules or legal requirements;
(g)   Alternative  approaches.  A  statement  indicating  whether  any
significant alternatives to the rule  were  considered  by  the  agency,

including  a  discussion  of  such alternatives and the reasons why they
were not incorporated into the rule;
(h)  Federal  standards.  A  statement  identifying  whether  the rule
exceeds any minimum standards of the federal government for the same  or
similar subject areas and, if so, an explanation of why the rule exceeds
such standards; and
(i)  Compliance  schedule. A statement indicating the estimated period
of time necessary to enable regulated persons to achieve compliance with
the rule.
4. To reduce paperwork on the agencies, an agency may:
(a) Consider a series of closely related and  simultaneously  proposed
rules  as  one  rule  for  the  purpose  of  submitting  a  consolidated
regulatory impact statement; and
(b) Submit a consolidated regulatory impact statement for  any  series
of virtually identical rules proposed in the same year.
5.  (a) An agency may claim an exemption from the requirements of this
section for a rule that involves only a technical  amendment,  provided,
however,  the  agency  shall  state  in the notice, prepared pursuant to
section two hundred two of this  chapter,  the  reason  or  reasons  for
claiming such exemption.
(b)   A  rule  defined  in  subparagraph  (ii)  of  paragraph  (a)  of
subdivision two of section one hundred two  of  this  chapter  shall  be
exempt from the requirements of this section.
(c) 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.
6. Each agency shall issue a revised regulatory impact statement when:
(a)  the  information  presented  in  the  statement  is inadequate or
incomplete, provided, however, such revised statement 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  statement  be  modified.  A  revised
statement  shall describe the reasons for such changes and shall include
any modifications in the regulatory impact statement that are  necessary
as a result of such changes; 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 statement  be  modified.  A  revised
statement  shall describe the reasons for such changes and shall include
any modifications in the regulatory impact statement that are  necessary
as a result of such changes.