2006 New York Code - Job Impact.

 
    §  201-a.  Job impact. 1. In developing a rule, an agency shall strive
  to accomplish the objectives of applicable statutes in  a  manner  which
  minimizes  any unnecessary adverse impacts on existing jobs and promotes
  the development of new employment opportunities, including opportunities
  for self-employment, for the residents of the state.
    2. Before proposing a rule for adoption  or  adopting  a  rule  on  an
  emergency  basis,  an  agency shall evaluate the potential impact of the
  rule on jobs and employment opportunities.
    (a) When it is apparent from the nature and purpose of the  rule  that
  it  will  not  have  a substantial adverse impact on jobs and employment
  opportunities, the agency shall include in the notice of  proposed  rule
  making  or  the notice of emergency adoption a statement that the agency
  has determined that the rule will not have a substantial adverse  impact
  on  jobs  and  employment  opportunities; provided, however, that, where
  appropriate,  such  statement  shall  indicate  that  the   agency   has
  determined  the  rule will have a positive impact on jobs and employment
  opportunities,  or  will  have  no  impact  on   jobs   and   employment
  opportunities.    Except  where it is evident from the subject matter of
  the rule that the rule could only have a positive impact or no impact on
  jobs and employment opportunities,  the  agency  shall  include  in  the
  statement   prepared  pursuant  to  this  paragraph  a  summary  of  the
  information and methodology underlying its determination.
    (b) When it is apparent from the nature and purpose of the  rule  that
  it  may  have  a  substantial  adverse  impact  on  jobs  or  employment
  opportunities, the agency shall  issue  a  job  impact  statement  which
  contains information on:
    (i) the nature of the impact the rule will have on jobs and employment
  opportunities;
    (ii)  the  categories  of jobs or employment opportunities affected by
  the rule;
    (iii) the approximate  number  of  jobs  or  employment  opportunities
  affected in each category;
    (iv)   any   region   of  the  state  where  the  rule  would  have  a
  disproportionate adverse impact on jobs or employment opportunities; and
    (v)  any  measures  which  the  agency  has  taken  to  minimize   any
  unnecessary  adverse  impacts  on  existing  jobs  and  to  promote  the
  development of new employment opportunities.
    (c) When the information available to an  agency  is  insufficient  to
  enable  it  to  determine whether a rule will have a substantial adverse
  impact on jobs or employment opportunities, or to prepare a  job  impact
  statement  pursuant  to  paragraph  (b)  of this subdivision, the agency
  shall issue a statement indicating the information  which  it  needs  to
  complete  a  job impact statement and requesting the assistance of other
  state agencies and the public in obtaining such information.
    (d) An agency shall issue a revised job impact statement when:
    (i) the information  presented  in  the  statement  is  inadequate  or
  incomplete;
    (ii)  the  proposed  rule  contains  any  substantial  revisions which
  necessitate that such statement be modified; or
    (iii) the agency has issued a statement pursuant to paragraph  (c)  of
  this subdivision, and has received information from other state agencies
  or  the  public which enable it to provide a more complete evaluation of
  the potential impact of the rule on jobs and employment opportunities.
    (e) If, after requesting the assistance of other  state  agencies  and
  the  public  pursuant to paragraph (c) of this subdivision, an agency is
  still unable to determine whether  the  rule  will  have  a  substantial
  adverse  impact  on  jobs and employment opportunities, it may adopt the
  rule. When adopting a rule pursuant to this paragraph, the agency  shall
  issue  a  revised job impact statement which includes information on the
  measures the agency took to evaluate the potential impact of the rule on
  jobs and employment opportunities.
    (f)  When  adopting  a rule on an emergency basis, an agency may defer
  the issuance of any statement pursuant to this  section,  provided  that
  the  statement  is published in the state register within thirty days of
  the effective date of the emergency rule.
    (g) When any statement issued pursuant to  this  section  exceeds  two
  thousand  words, the agency shall prepare a summary of such statement in
  less than two thousand words.
    (h)  An  agency  may  consider  a  series  of  closely   related   and
  simultaneously  proposed rules as one rule for the purpose of submitting
  a consolidated job impact statement.
    (i) Where a rule would have a measurable impact on  opportunities  for
  self-employment, the agency shall include a discussion of such impact in
  any statement prepared pursuant to this section.
    3.  (a)  The  commissioner  of  labor and the commissioner of economic
  development may review any statement issued pursuant  to  this  section,
  and  may  consult  informally with any agency preparing such a statement
  and advise it on the potential impact of a rule on jobs  and  employment
  opportunities.
    (b)  When  the  commissioner of labor and the commissioner of economic
  development concur in a determination that additional evaluation of  the
  potential impact of a proposed rule on jobs and employment opportunities
  is  needed  to  assist  in  the  minimization of any unnecessary adverse
  impacts of the rule on jobs  or  employment  opportunities,  they  shall
  issue  a  statement of concurrence and transmit a copy of such statement
  to the agency and to the secretary of state for publication in the state
  register.  The statement of concurrence shall:
    (i) identify each proposed rule which is the subject of the  statement
  of concurrence;
    (ii)  set  forth  the  basis  for  the  determination  that additional
  evaluation of the potential impact of the rule is needed  to  assist  in
  the   minimization  of  any  unnecessary  adverse  impacts  on  jobs  or
  employment opportunities, and, where relevant, identify each  aspect  of
  the job impact statement which is incomplete or deficient;
    (iii) include appropriate recommendations for additional evaluation of
  the  impact  of  the  rule  or  of  any measures which the agency should
  consider to minimize  any  adverse  impacts  of  the  rule  on  jobs  or
  employment opportunities; and
    (iv) specify a time period of not more than ninety days for the agency
  to perform such additional evaluation or consider such recommendations.
    (c)  An  agency  shall strive to perform such additional evaluation or
  consider such measures as are recommended in a statement of  concurrence
  within the time period set forth therein. No agency shall adopt the rule
  which is the subject of the statement of concurrence until:
    (i)  the  agency has performed the additional evaluation or considered
  the measures recommended in the statement of concurrence, and has issued
  a revised job impact statement, which is acceptable to the commissioners
  of economic development and labor, setting forth any  changes  which  it
  will  make  to  the  rule  to  minimize  any  adverse impacts on jobs or
  employment opportunities; or
    (ii) after the  expiration  of  the  time  period  set  forth  in  the
  statement of concurrence.
    (d)  The  statement  of concurrence shall be considered public comment
  for the purpose of this article and shall be summarized and analyzed  in
  any assessment of public comment.
    4.  Nothing in this section shall be construed as preventing an agency
  from adopting a rule on an emergency basis at any time.
    5.  Copies  of  any  statement  prepared  pursuant  to  this  section,
  including any statement of concurrence, shall be distributed as provided
  in subdivision six-a of section two hundred two of this article.
    6. For the purposes of this section:
    (a) "rule" shall mean any rule proposed or  any  rule  adopted  on  an
  emergency basis pursuant to this article, except for:
    (i)  any  rule  defined  in  subparagraph  (ii)  of  paragraph  (a) of
  subdivision two of section one hundred two of this article;
    (ii) any rule defined in subdivisions ten, eleven or twelve of section
  one hundred two of this article; or
    (iii) any rule proposed or adopted by the  state  comptroller  or  the
  attorney general.
    (b)  "impact  on jobs or employment opportunities" shall mean a change
  in  the  number  of  jobs  and   employment   opportunities,   including
  opportunities   for   self-employment,  primarily  attributable  to  the
  adoption of a rule, which would otherwise be available to the  residents
  of  the  state  in  the  two-year period commencing on the date the rule
  takes effect.
    (c) "substantial adverse impact on jobs or  employment  opportunities"
  shall mean a decrease of more than one hundred full-time annual jobs and
  employment  opportunities,  including opportunities for self-employment,
  in the state, or the equivalent in  part-time  or  seasonal  employment,
  which  would otherwise be available to the residents of the state in the
  two-year period commencing on the date the rule takes effect.