Bill Text: NY S06514 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to an economic impact statement prior to the enactment of any rule or regulation affecting the commercial fishing industry; provides for periodic review of such rules and regulations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S06514 Detail]

Download: New_York-2019-S06514-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6514

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 14, 2019
                                       ___________

        Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the environmental conservation law, in relation  to  the
          preparation  of an economic impact statement prior to the enactment of
          any rule or regulation affecting the commercial fishing  industry  and
          providing for periodic review of such rules or regulations

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 13-0365 to read as follows:
     3  § 13-0365. Economic impact statements.
     4    1.  All  rules and regulations affecting the commercial fishing indus-
     5  try, promulgated pursuant  to  this  title,  shall  be  subject  to  the
     6  provisions of this section.
     7    2.  Prior  to  the  adoption  of  any proposed rule or regulation, the
     8  department shall prepare an economic impact statement that  includes  at
     9  least the following analysis:
    10    (a) an identification and estimate of the number of the members of the
    11  commercial fishing industry affected by the proposed rule or regulation;
    12    (b)  the  administrative  costs  to  the  commercial  fishing industry
    13  required for compliance with the proposed rule or regulation;
    14    (c) a statement of the probable economic effect of the rule  or  regu-
    15  lation  on the commercial fishing industry, including but not limited to
    16  loss of income and jobs; and
    17    (d) a discussion of any less  intrusive  or  less  costly  alternative
    18  methods  of achieving the purpose of the proposed rule or regulation, in
    19  order to mitigate adverse economic  impact  to  the  commercial  fishing
    20  industry.
    21    3.  (a)  Within  two  years of the effective date of this section, the
    22  department shall review all  rules  and  regulations  under  this  title
    23  existing  at  the  time  of enactment to determine whether such rules or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13307-02-9

        S. 6514                             2

     1  regulations shall be continued without change, or should be  amended  or
     2  rescinded  to  minimize economic impact on the commercial fishing indus-
     3  try.
     4    (b)  Rules  adopted  after the effective date of this section shall be
     5  reviewed every two years after the publication  of  such  rules  as  the
     6  final  rule  to ensure that they minimize economic impact on the commer-
     7  cial fishing industry in a manner consistent with the stated  objectives
     8  of this title.
     9    (c)  In  reviewing rules or regulations to minimize economic impact on
    10  the commercial fishing  industry,  the  department  shall  consider  the
    11  following factors:
    12    (i) the need for the rule or regulation;
    13    (ii) the nature of complaints or comments received concerning the rule
    14  or regulation from the commercial fishing industry;
    15    (iii) the complexity of the rule; and
    16    (iv)  the  degree  to which economic conditions, or other factors have
    17  changed since the original enactment of the rule or regulation.
    18    § 2. This act shall take effect immediately.
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