Bill Text: NY A04311 | 2023-2024 | General Assembly | Introduced

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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 (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to environmental conservation [A04311 Detail]

Download: New_York-2023-A04311-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4311

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Environmental Conservation

        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.
                                                                   LBD03873-01-3
        A. 4311                             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.