Bill Text: NY S05240 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the provision of regulatory information to small businesses through the establishment of a small business regulatory nexus by certain agencies.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S05240 Detail]
Download: New_York-2019-S05240-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5240 2019-2020 Regular Sessions IN SENATE April 18, 2019 ___________ Introduced by Sens. KAPLAN, JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Econom- ic Development and Small Business AN ACT to amend the state administrative procedure act, in relation to the provision of regulatory information to small businesses through the establishment of a small business regulatory nexus by certain agencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The state administrative procedure act is amended by adding 2 a new section 102-b to read as follows: 3 § 102-b. Small business regulatory nexus. 1. Each agency with a 4 substantial regulatory impact on small businesses shall establish and 5 maintain a section on its website to be designated the "small business 6 regulatory nexus" of such agency. An agency shall be deemed to have a 7 substantial regulatory impact on small businesses if it: (a) has posted 8 two or more small business regulation guides pursuant to section one 9 hundred two-a of this article; (b) has issued five or more regulatory 10 flexibility analyses in the past three calendar years; or (c) has been 11 established after the effective date of this section and has issued a 12 regulatory flexibility analysis, provided that the small business regu- 13 latory nexus shall be established within one hundred twenty days after 14 the date on which such initial regulatory flexibility analysis is 15 published in the state register. An agency that has issued regulatory 16 flexibility analyses solely to address adverse impacts or compliance 17 requirements on local governments shall designate such section of its 18 website as a "local government regulatory nexus". 19 2. (a) The small business regulatory nexus shall include the following 20 information or direct links to such information: 21 (i) the rules of the agency, identifying the applicability of any such 22 rules to specific categories of small businesses or local governments; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01557-01-9S. 5240 2 1 (ii) any regulation guides posted by the agency; 2 (iii) all guidance documents posted on the agency website pursuant to 3 subdivision two of section two hundred two-e of this chapter that are 4 applicable to small businesses and local governments; 5 (iv) each notice of proposed rule making and notice of revised rule 6 making for which a regulatory flexibility analysis has been issued that 7 is currently under consideration by the agency, and each notice of emer- 8 gency adoption for a currently effective emergency rule for which a 9 regulatory flexibility analysis has been prepared or is being prepared 10 by the agency; 11 (v) the most recent regulatory agenda published by the agency, if any, 12 including the identification of each rule which may require a regulatory 13 flexibility analysis and of any rules currently under review by the 14 agency pursuant to section two hundred seven of this chapter; 15 (vi) the plain language summary prepared by the agency pursuant to 16 subdivision two of section three hundred one of this chapter for any 17 adjudicatory proceedings applicable to small businesses or local govern- 18 ments, and any streamlined optional adjudicatory proceedings for small 19 businesses adopted by the agency pursuant to section three hundred eight 20 of this chapter; 21 (vii) a description of any compliance assistance program offered by 22 the agency to small businesses or local governments, and of any such 23 programs that are known by the agency to be offered by other state, 24 local or Federal agencies to categories of small businesses or local 25 governments impacted by the regulations of the agency, including but not 26 limited to the small business pollution prevention and environmental 27 compliance assistance program provided pursuant to section 28-0109 of 28 the environmental conservation law and the small business pollution 29 prevention and environmental compliance ombudsman program provided 30 pursuant to section one hundred thirty-eight of the economic development 31 law; and 32 (viii) any other information that the agency deems useful to small 33 businesses or local governments. 34 (b) The small business regulatory nexus shall provide interactive 35 opportunities for a small business or local government to provide feed- 36 back, obtain additional information or seek assistance in complying with 37 agency regulations, and shall include information on how to contact 38 members of agency staff who are knowledgeable on regulatory programs of 39 the agency and can provide further information. 40 § 2. This act shall take effect immediately; provided, however, that 41 any agency to which the provisions of this act apply on such date shall 42 establish a small business regulatory nexus within 120 days after such 43 effective date.
