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