What's happening
This bill requires certain New York state agencies to create a "small business regulatory nexus" website section to provide regulatory information and compliance assistance to small businesses.
Why it matters
Centralizes regulatory information for small businesses. , making it easier for entrepreneurs to understand which rules apply to them, access compliance guides, and find relevant agency contacts, potentially lowering barriers to starting or growing a business.
Creates greater transparency and predictability. in the rulemaking process by requiring agencies to post proposed rules, regulatory agendas, and analyses that specifically consider small business impacts, helping owners anticipate changes and advocate for their interests.
Encourages more responsive government. by requiring interactive features such as feedback channels and dedicated agency contacts, which may lead to faster resolution of compliance questions or problems and foster a more collaborative regulatory environment.
Highlights and connects existing compliance assistance resources. (including environmental and economic development programs), increasing small business awareness of support services that might otherwise go unused, and potentially reducing the risk of costly regulatory violations.
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Who cares
Headline styles
Help Small Businesses Understand Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
1 Co-sponsor
History
- Referred to commerce, economic development and small business
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.956
- Referred to commerce, economic development and small business
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Help Small Businesses Understand Rules
In Assembly Committee · Governmental Operations · Sponsor Aravella Simotas
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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, Economic 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 Assembly, do enact as follows:
Section 1. The state administrative procedure act is amended by adding a new section 102-b to read as follows:
§ 102-b. Small business regulatory nexus. 1. Each agency with a substantial regulatory impact on small businesses shall establish and maintain a section on its website to be designated the "small business regulatory nexus" of such agency. An agency shall be deemed to have a substantial regulatory impact on small businesses if it: (a) has posted two or more small business regulation guides pursuant to section one hundred two-a of this article; (b) has issued five or more regulatory flexibility analyses in the past three calendar years; or (c) has been established after the effective date of this section and has issued a regulatory flexibility analysis, provided that the small business regulatory nexus shall be established within one hundred twenty days after the date on which such initial regulatory flexibility analysis is published in the state register. An agency that has issued regulatory flexibility analyses solely to address adverse impacts or compliance requirements on local governments shall designate such section of its website as a "local government regulatory nexus".
2. (a) The small business regulatory nexus shall include the following information or direct links to such information:
(i) the rules of the agency, identifying the applicability of any such 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.
LBD01557-01-9
S. 5240 2
(ii) any regulation guides posted by the agency;
(iii) all guidance documents posted on the agency website pursuant to subdivision two of section two hundred two-e of this chapter that are applicable to small businesses and local governments;
(iv) each notice of proposed rule making and notice of revised rule making for which a regulatory flexibility analysis has been issued that is currently under consideration by the agency, and each notice of emergency adoption for a currently effective emergency rule for which a regulatory flexibility analysis has been prepared or is being prepared by the agency;
(v) the most recent regulatory agenda published by the agency, if any, including the identification of each rule which may require a regulatory flexibility analysis and of any rules currently under review by the agency pursuant to section two hundred seven of this chapter;
(vi) the plain language summary prepared by the agency pursuant to subdivision two of section three hundred one of this chapter for any adjudicatory proceedings applicable to small businesses or local governments, and any streamlined optional adjudicatory proceedings for small businesses adopted by the agency pursuant to section three hundred eight of this chapter;
(vii) a description of any compliance assistance program offered by the agency to small businesses or local governments, and of any such programs that are known by the agency to be offered by other state, local or Federal agencies to categories of small businesses or local governments impacted by the regulations of the agency, including but not limited to the small business pollution prevention and environmental compliance assistance program provided pursuant to section 28-0109 of the environmental conservation law and the small business pollution prevention and environmental compliance ombudsman program provided pursuant to section one hundred thirty-eight of the economic development law; and
(viii) any other information that the agency deems useful to small businesses or local governments.
(b) The small business regulatory nexus shall provide interactive opportunities for a small business or local government to provide feedback, obtain additional information or seek assistance in complying with agency regulations, and shall include information on how to contact members of agency staff who are knowledgeable on regulatory programs of the agency and can provide further information.
§ 2. This act shall take effect immediately; provided, however, that any agency to which the provisions of this act apply on such date shall establish a small business regulatory nexus within 120 days after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
This bill requires those state agencies that regulate small businesses to maintain a section on their websites where small businesses can get easy access to the information they need, provide feedback to the agency and seek assistance in complying with regulations.
Summary of specific provisions
Bill § 1 adds a new § 102-b to the State Administrative Procedure Act to require each state agency with a substantial regulatory impact on small businesses to establish and maintain a section on its website to be designated the "small business regulatory nexus" of the agency. An agen- cy must maintain a nexus if it has posted two or more small business regulation guides on its website, issued five or more regulatory flexi- bility analyses (RFAs) in the past three calendar years, or is a newly- created agency that issues an RFA (in which case the nexus shall be established within 120 days after the initial RFA is published in the State Register). An agency that issues RFAs solely to address adverse impacts or compliance requirements on local governments shall designate this website section as a "local government regulatory nexus."
Read the full memo (697 words)
The nexus shall include the following information (or direct links to such information):
(1) the rules of the agency, identifying the applicability of any such rules to specific categories of small businesses or local governments;
(2) any regulation guides posted by the agency;
(3) all guidance documents posted on the agency website that apply to small businesses and local governments;
(4) each current proposed, revised or emergency rule for which an RFA regulatory flexibility analysis has been issued or is being prepared;
(5) the most recent regulatory agenda published by the agency (if any), identifying rules under development or currently under review that relate to small businesses or local governments;
(6) a plain language summary of the agency's adjudicatory proceedings applicable to small businesses or local governments, and any streamlined optional adjudicatory proceedings for small businesses adopted by the agency;
(7) a description of any compliance assistance program offered by the agency to small businesses or local governments, and of any such programs that are known by the agency to be offered by other state, local or Federal agencies to categories of small businesses or local governments impacted by the regulations of the agency; and
(8) any other information that the agency deems useful to small busi- nesses or local governments.
The nexus shall also provide interactive opportunities for a small busi- ness or local government to provide feedback, obtain additional informa- tion or seek assistance in complying with agency regulations, and include information on how to contact members of agency staff who are knowledgeable on regulatory programs of the agency and can provide further information.
Effects of present law which this bill would alter
At present there are no statutory requirements for posting important information related to operating a small business or running a local government on regulatory agency websites.
Justification
Small businesses are a vital part of New York's economy, but it can be difficult and time-consuming for them to obtain the information they need to stay in compliance with regulatory requirements while still focusing on the many aspects of running a business. The dictionary defines "nexus" as a "connection or link" - having a single place that connects to all the relevant information produced by an agency that affects their businesses would be extremely beneficial to New York's entrepreneurs. Local governments could similarly benefit from a nexus. In addition, provision of an accessible and consistent means to obtain feedback and requests for compliance assistance will help to improve an agency's regulatory program.
Prior legislative history
S. 5720/ Reported and Committed to Rules.
Fiscal implications for state and local governments
None.
Effective date
Immediately upon becoming law, provided that any agency to which the provisions apply on such date shall establish a small business regulato- ry nexus within 120 days after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.