N.Y. A.P.A. Law § 202-BB Rural Area Flexibility Analysis

• Library: New York Statutes
• Edition: 2023
• Currency: Current through 2023 NY Law Chapter 777
• Year: 2023
• Citation: N.Y. A.P.A. Law § 202-BB

1. Intent. The legislature hereby finds, determines and declares that:

(a) The capacity of public and private sector interests in rural areas to respond to state agency regulations is often constrained by an operating environment distinctly different from that found in suburban and metropolitan areas of the state;

(b) Factors such as population sparsity, small community size, limited access to financial and technical assistance, undeveloped services delivery systems, lack of economies of scale and extensive reliance on part-time and volunteer services providers inhibits rural ability to effectively address increasingly complex and stringent regulatory requirements;

(c) In order to maximize sensitivity to rural strengths and limitations, the state must continue to promote a framework which enhances state and local cooperation in meeting rural needs; and

(d) Enhancement of this chapter to include a more thorough assessment of regulatory impact and alternatives for rural areas can provide an improved dialogue on critical issues, while fostering a more cohesive and effective state/local partnership.

2. Authorization.

(a) In addition to, and consistent with, the provisions of sections two hundred two-a and two hundred two-b of this article, agencies shall seek approaches that allow them to address their statutory responsibilities while considering the impact of their actions on public and private sector interests located in rural areas of the state.

(b) In developing a rule, the agency shall consider utilizing approaches that will accomplish the objectives of applicable statutes while minimizing any adverse impact of the rule on public and private sector interests in rural areas. Consistent with the objectives of applicable statutes, the agency shall consider such approaches as:

(i) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to rural areas;

(ii) increased use of performance or outcome standards rather than design or input standards; and

(iii) an exemption from coverage by the rule, or by any part thereof, so long as the public health, safety or general welfare is not endangered.

3. In proposing a rule for adoption or in adopting a rule on an emergency basis, the agency shall issue a rural area flexibility analysis regarding the rule being proposed for adoption or the emergency rule being adopted. A copy of such analysis and any finding, and reasons for such finding, pursuant to this section, shall be submitted to the governor, the temporary president of the senate, the speaker of the assembly, the office for regulatory and management assistance and the administrative regulations review commission at the time such analysis is submitted to the secretary of state for publication and, upon written request, a copy shall be sent to any other person. Each rural area flexibility analysis shall contain: