What's happening
This bill amends the state administrative procedure act to give small businesses and local governments more time to comply with new regulations.
Why it matters
Requires state agencies to specifically consider the time small businesses and local governments need to comply with new rules. not just their available resources—when setting compliance deadlines, potentially leading to more realistic and manageable implementation periods.
Mandates that agencies justify rule modifications by addressing whether the time required to comply is a factor. , increasing transparency and potentially giving affected groups more leverage to argue for reasonable timelines.
Clarifies how and when the new compliance provisions take effect. , ensuring that only rules proposed after a certain date are subject to these requirements, which could affect the planning and preparation strategies of businesses and local governments.
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Who cares
Small businesses
The bill would add the time they need to comply with a rule as a factor in establishing differing compliance or reporting requirements or timetables.
Local governments
The bill would explicitly account for the time they need to comply when considering differing regulatory requirements or deadlines.
State rulemaking agencies
The bill would require agencies proposing to modify rules under review to discuss, where appropriate, how the time required to comply warrants changes.
Headline styles
Give Small Businesses More Time
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Signed chap.16
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.339
- Substituted for A8950
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.107
- Referred to rules
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.
Give More Time for Compliance
Assembly Floor Calendar · Sponsor Aravella Simotas
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7183
IN SENATE
January 10, 2020
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the state administrative procedure act, in relation to the time needed by small businesses and local governments to comply with new regulations; to amend a chapter of the laws of 2019, amending the state administrative procedure act relating to the time needed by small businesses and local governments to comply with new regulations, as proposed in legislative bills numbers S. 5812 and A. 842, in relation to the effectiveness thereof; and to repeal certain provisions of the state administrative procedure act related thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (e) of subdivision 2 of section 202-b of the state administrative procedure law, as added by a chapter of the laws of 2019, amending the state administrative procedure act relating to the time needed by small businesses and local governments to comply with new regulations, as proposed in legislative bills numbers S. 5812 and A. 842, is REPEALED and paragraphs (f) and (g) are relettered paragraphs (e) and (f).
§ 2. Subdivision 3 of section 207 of the state administrative procedure act, as added by chapter 262 of the laws of 1996, is amended to read as follows:
3. If an agency determines that a rule subject to the provisions of this section should be modified, it shall publish a notice of proposed rule making for such rule, which, in addition to the information otherwise required by this article, shall include a statement setting forth a reasoned justification for modification of the rule and an assessment of public comments, prepared in accordance with subdivision four-a of section two hundred two of this article, which were submitted to the agency in response to the listing of the rule in the regulatory agenda. Where appropriate, the agency shall also include in its statement a discussion of the degree to which changes in technology, economic conditions, time required to comply, or other factors in the area affected by the rule necessitate changes in the rule.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01558-02-0
S. 7183 2
§ 3. Paragraph (a) of subdivision 1 of section 202-b of the state administrative procedure act, as amended by chapter 611 of the laws of 1996, is amended to read as follows:
(a) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small businesses and local governments or the time needed by small businesses or local governments to come into compliance with the rule;
§ 4. Section 3 of a chapter of the laws of 2019, amending the state administrative procedure act relating to the time needed by small businesses and local governments to comply with new regulations, as proposed in legislative bills numbers S. 5812 and A. 842, is amended to read as follows:
§ 3. This act shall take effect on the [first of November next succeeding the date on which] one hundred twentieth day after it shall have become a law and shall apply to all rules for which a notice of proposed rule making is [published] filed on or after such date.
§ 5. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the state administrative procedure act relating to the time needed by small businesses and local governments to comply with new regulations, as proposed in legislative bills numbers S. 5812 and A. 842, takes effect.
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 time needed by small businesses and local governments to comply with new regulations; to amend a chapter of the laws of 2019, amending the state administrative procedure act relating to the time needed by small businesses and local governments to comply with new regulations, as proposed in legislative bills numbers S. 5812 and A. 842, in relation to the effectiveness thereof; and to repeal certain provisions of the state administrative procedure act related thereto
Purpose
This is a chapter amendment that makes changes to provisions of L.2019, c.577.
Summary of provisions
This legislation amends the underlying chapter by repealing the require- ment that agencies include an analysis of the time needed to comply with new rules that will affect small businesses and local governments. Instead, agencies will be required to consider the time to comply when they are developing a new rule. Additionally, when modifying an existing rule, agencies will include a statement of time to comply, where appro- priate. Finally, the effective date has been amended.
Justification
This amendment ensures that agencies will take into consideration the time that small businesses and local governments will need to comply with rules, right at the start of developing those rules. Additionally, if any existing rule is to be modified, agencies will also consider the time needed to comply as part of those modifications. Finally, the effective date has been amended to allow agencies the time necessary to efficiently prepare for these new requirements before the publication of rules.
Legislative history
Chapter amendment to Chapter 577 of the Laws of 2019.
Fiscal implications
None
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law and shall apply to all rules for which a notice of proposed rule making is filed on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.