SECTION 1.  Chapter 240 of the acts of 2010 is hereby amended by striking out sections 67 and 68 in their entirety and inserting in place thereof the following two new sections:

"Section 67. Section 2 of said chapter 30A, as so appearing, is hereby amended by inserting after the third paragraph the following 2 paragraphs:-

The notice shall also include a small business impact statement considering the impact of the proposed regulation on small business with the state secretary. Notwithstanding the provisions of section 6, the state secretary shall include the statement of small business consideration and the full text of said small business impact statement on the electronic website of the state secretary; provided, however, that the full text of the small business impact statement may also be inspected and copied in the office of the state secretary during business hours.

That small business impact statement shall include, but not be limited to, the following:

(1)an estimate of the number of small businesses subject to the proposed regulation;

(2)projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulation;

(3)the appropriateness of performance standards versus design standards;

(4)an identification of regulations of the promulgating agency, or of another agency or department of the commonwealth, which may duplicate or conflict with the proposed regulation; and

(5)an analysis of whether the proposed regulation is likely to deter or encourage the formation of new businesses in the commonwealth;

Section 68. Section 3 of said chapter 30A, as so appearing, is hereby amended by inserting after the third paragraph the following 2 paragraphs:-

The notice shall also include a small business impact statement considering the impact of the proposed action on small businesses with the state secretary.

Notwithstanding the provisions of section 6, the state secretary shall include the statement of small business consideration and the full text of said small business impact statement on the electronic website of the state secretary; provided, however, that the full text of the small business impact statement may also be inspected and copied in the office of the state secretary during business hours.

That small business impact statement shall include, but not be limited to, the following:

(1)an estimate of the number of small businesses subject to the proposed regulation;

(2)projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulation;

(3)the appropriateness of performance standards versus design standards;

(4)an identification of regulations of the promulgating agency, or of another agency or department of the commonwealth, which may duplicate or conflict with the proposed regulation; and

(5)an analysis of whether the proposed regulation is likely to deter or encourage the formation of new businesses in the commonwealth;".