Relates to improving evaluations of the potential impact of rules on jobs and employment opportunities

Title of bill

An act to amend the state administrative procedure act, in relation to improving evaluations of the potential impact of rules on jobs and employment opportunities

Purpose

This bill would make various improvements to the process for evaluating the potential impact of proposed rules on jobs and employment opportunities. The current process, while useful, does not provide sufficient information on the quality of jobs that could be gained or lost by pursuing various policy choices, and does not guarantee that the most appropriate data and methodologies are used.

Summary of provisions

Section 1 amends § 201-a of the State Administrative Procedure Act (SAPA) to revise the process for reviewing the impact of a proposed rule on jobs and employment opportunities. The following substantive improvements would be made to the process:

*subdivision (2) (b) (v) is amended to require information on measures that the proposing agency or any other state agency has taken or could take to minimize any adverse impacts on jobs (e.g., by instituting new apprenticeship or educational programs);

*subdivision (2) (e) is amended to provide that, if the Commissioners of Labor and Economic Development have indicated that further evaluation is needed, an agency that is unable to determine the job impact of a proposal may not adopt until it has performed the additional analysis or the statutory time period has run;

*a new subdivision (2)(j) provides that the agency shall make its methodology and data or data sources available for public review and validation;

*subdivision (6)(a) is amended to clarify that job impact statements do not need to be prepared for consensus rules; and

*paragraphs (b) & (c) of subdivision (6) are amended to require consideration of the quality of jobs and employment opportunities that could be affected, including the impact of a rule on average wage levels, hours and or duration of employment, or other impacts that could represent a substantial adverse impact on incomes or economic security.

Section 2 through 6 amend various subdivisions of § 202 to better integrate the publication of job impact statements into the statutory provisions for preparation of rulemaking notices.

Justification

When state agencies develop rules and regulations, it is of critical importance that the potential impacts on current jobs and future employment are fully explored. This will enable policymakers to design regulatory programs in a way that accomplishes desired objectives while promoting maximum opportunities for high-quality jobs for New Yorkers.

Legislative history

New Bill

Fiscal implications

None

Effective date

First day of January after having become a law.