§ 202-bb. Rural area flexibility analysis. 1. Intent. The legislature\nhereby finds, determines and declares that:\n (a) The capacity of public and private sector interests in rural areas\nto respond to state agency regulations is often constrained by an\noperating environment distinctly different from that found in suburban\nand metropolitan areas of the state;\n (b) Factors such as population sparsity, small community size, limited\naccess to financial and technical assistance, undeveloped services\ndelivery systems, lack of economies of scale and extensive reliance on\npart-time and volunteer services providers inhibits rural ability to\neffectively address increasingly complex and stringent regulatory\nrequirements;\n (c) In order to maximize sensitivity to rural strengths and\nlimitations, the state must continue to promote a framework which\nenhances state and local cooperation in meeting rural needs; and\n (d) Enhancement of this chapter to include a more thorough assessment\nof regulatory impact and alternatives for rural areas can provide an\nimproved dialogue on critical issues, while fostering a more cohesive\nand effective state/local partnership.\n 2. Authorization. (a) In addition to, and consistent with, the\nprovisions of sections two hundred two-a and two hundred two-b of this\narticle, agencies shall seek approaches that allow them to address their\nstatutory responsibilities while considering the impact of their actions\non public and private sector interests located in rural areas of the\nstate.\n (b) In developing a rule, the agency shall consider utilizing\napproaches that will accomplish the objectives of applicable statutes\nwhile minimizing any adverse impact of the rule on public and private\nsector interests in rural areas. Consistent with the objectives of\napplicable statutes, the agency shall consider such approaches as:\n (i) the establishment of differing compliance or reporting\nrequirements or timetables that take into account the resources\navailable to rural areas;\n (ii) increased use of performance or outcome standards rather than\ndesign or input standards; and\n (iii) an exemption from coverage by the rule, or by any part thereof,\nso long as the public health, safety or general welfare is not\nendangered.\n 3. In proposing a rule for adoption or in adopting a rule on an\nemergency basis, the agency shall issue a rural area flexibility\nanalysis regarding the rule being proposed for adoption or the emergency\nrule being adopted. A copy of such analysis and any finding, and reasons\nfor such finding, pursuant to this section, shall be submitted in\nwriting, and may be transmitted electronically in accordance with\narticle three of the state technology law, to the governor, the\ntemporary president of the senate, the speaker of the assembly, the\noffice for regulatory and management assistance and the administrative\nregulations review commission at the time such analysis is submitted or\nelectronically transmitted to the secretary of state for publication\nand, upon written or electronic request, a copy shall be sent or\nelectronically transmitted to any other person. Each rural area\nflexibility analysis shall contain:\n (a) A description of the types and an estimate of the number of rural\nareas to which the rule will apply;\n (b) A description of (i) the reporting, recordkeeping and other\ncompliance requirements of the rule, and (ii) the kinds of professional\nservices that are likely to be needed in a rural area in order to comply\nwith such requirements;\n (c) An estimate of the initial capital costs and an estimate of the\nannual cost of complying with the rule, with an indication of any likely\nvariation in such costs for different types of public and private\nentities in rural areas;\n (d) An indication of how the rule is designed to minimize any adverse\nimpact of such rule on rural areas, including information regarding\nwhether the approaches suggested in subdivi
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