BILL NUMBER: S7332
SPONSOR: RYAN C
 
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".
The nexus shall include the following information (or direct links to
such information): (1) the rules of the agency, identifying the applica-
bility 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 govern-
ments; (6) a plain language summary of the agency's adjudicatory
proceedings applicable to small businesses or local governments, and any
streamlined optional adjudicatory proceeding 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
by local governments impacted by the regulation s of the agency; and (8)
any other information that the agency deems useful to small businesses
or local governments. The nexus shall also provide interactive opportu-
nities for a small business or local government to provide feedback,
obtain additional information or seek assistance in complying with agen-
cy 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.
 
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:
2023-2024: A.5619
2021-2022: A.7969
2019-2020: A.846
2017-2018: A.7124