senate Bill S6847A

Authorizes state agencies to publish certain rule making notices by electronic means

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Mar / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 28 / May / 2014
    • 1ST REPORT CAL.964
  • 29 / May / 2014
    • 2ND REPORT CAL.
  • 02 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2014
    • AMENDED ON THIRD READING 6847A
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Authorizes state agencies to publish and transmit certain rule making notices by electronic means; provides for the provision of the state register by electronic means; authorizes the legislative administrative regulations review commission to accept data transmitted by electronic means.

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Bill Details

See Assembly Version of this Bill:
A9813A
Versions:
S6847
S6847A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §§202, 202-bb & 202-d, St Ad Proc Act; amd §§101-a, 146, 148 & 149, Exec L; amd §87, Leg L

Sponsor Memo

BILL NUMBER:S6847A

TITLE OF BILL: An act to amend the state administrative procedure
act, the executive law and the legislative law, in relation to the
transmittal of certain records by electronic means

PURPOSE: The purpose of this bill is to incorporate into the
rule-making process the ability of state agencies, if they choose to,
to transmit rule-making notices by electronic transmission as provided
for pursuant to the State Technology Law. Currently, pursuant to the
State Administrative Procedure Act (SAPA) all notices of proposed
rule-making, revised rule-making, adoptions, and the Regulatory Impact
Statements (RIS) and Regulatory Flexibly Analysis (RFA), must be filed
with the Secretary of State for publication in the State Register and
copies of such rule-making notices must be transmitted to all New York
State Legislative Leaders. Enacting this bill would allow state
agencies to submit those rule-making notices electronically, either in
addition to, or in lieu of the paper copies that are transmitted. The
goal of this bill is to reduce the use of paper, when appropriate, to
reduce the cost of preparing and transmitting such notices. Hence,
this is a eco-friendly bill that not only should help to reduce paper.
waste, but reduce costs currently borne by state agencies.

SUMMARY OF PROVISIONS:

Section 1: Amends SAPA section 202(1) to clearly authorize that the
notice of proposed rule-making may be transmitted to newspapers
electronically and may be posted on the state agency web-site.

Section 2: Amends SAPA section 202 (6-a) that relates to the
distribution of rule-making information to clearly state that state
agencies may transmit all rule-making notices, including but not
limited to all notices that are required to be transmitted and printed
in the State Register or sent to Legislative Leaders pursuant to
Section 202. This would include, all rule-making notices that relate
to a proposal, revision, continuation, expiration or adoption or an
RIS or RFA. Further, it clearly authorizes a state agency to transmit
rule-making notice requests to the general public electronically, if
so requested.

Section 3: Amends SAPA section 202-bb that relates to the preparation
and transmission of the Rural Area Flexibility Analysis. Under this
provision of SAPA, such Analysis could be transmitted electronically
as provided by the State Technology Law.

Sections 4 and 5: Amends SAPA section 202-d that relates to the
issuance and transmittal of the Regulatory Agenda Notice to be
published in the State Register. This provision allows such notice to
be transmitted electronically.

Section 6: Amends Executive Law section 101-a that relates to the
legislative notification of the proposal, adoption, amendment,
suspension or repeal of agency rules. Under the provisions of this
bill, such notification can be sent in writing or transmitted
electronically in accordance with the State Technology Law.


Section 7: Amends Executive Law section 146 that establishes the
standards to be used by the Department of State when it publishes the
State Register. The State Register is the compilation of notices that
each state agency must publish to announce public hearings or to
inform the public of its rule-making activities. Under this provision
of law, the Department of State (DOS) would need to post the State
Register on its website. While DOS does so now, this bill brings the
law up to date with what DOS is in fact doing with regard to posting
the State Register on the internet. In addition, the Secretary of
State shall accept from the state agency all rule-making notices,
statements and analysis as required by SAPA, data, rules & regulation,
and other information by electronic means as provided for by the State
Technology Law.

Section 8: Amends Executive Law section 148 as it relates to the
distribution of the State Register. This provision allows for the
transmission of the State Register to general public electronically in
addition to first or second class mail.

Section 9: Amends Executive Law section 149 that relates to the format
of the State Register. Under this provision, it incorporates the
standard that DOS in transmitting the State Register electronically
should comply as best as it can to the provisions of this section.

Section 10: Amends Legislative Law section 87 that relates to the
powers and duties of the Legislative Administration Regulations Review
Commission (ARRC). This provision authorizes ARRC to request and
receive data, rules, regulations and other information by electronic
means, in addition to all rule-making notices, statements and analysis
as provided for pursuant to SAPA.

EXISTING LAW: There is no clear statutory authorization or statutory
language which clearly addresses the ability of (or parameters of such
transmission) a state agency to transmit rule-making notices to DOS
for publication in the State Register, to Legislative Leaders, the
ARRC, to newspapers and other periodicals, or to the general public by
electronic means in addition to its transmittal of hard paper copies
to such governmental agencies that are required by law to obtain such
notices.

JUSTIFICATION: This bill should help to give state agencies better
guidance on their ability to transmit statutorily required rule-making
notices, statements and analysis as provided for pursuant to SAPA, and
other notices to appropriate government agencies by electronic means.
By enacting this law, state agencies, if they wish to, could more
easily transmit their documents electronically instead of transmitting
paper copies of such governmental documents by mail or courier. This
bill should help to increase response times to public inquiries for
information, reduce printing costs for rule-making notices, and reduce
the storage space needed to store such documents. Over all, this bill
should help to make the operation of government less costly and reduce
waste generated by the unnecessary printing of rule-making notices,
RIS and RFA statements.

LEGISLATIVE HISTORY: New bill


FISCAL IMPLICATIONS: This bill should help to reduce the cost of state
government and increase its response times to inquiries from the
general public.

EFFECTIVE DATE: 120 days after it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6847--A
    Cal. No. 964

                            I N  S E N A T E

                             March 19, 2014
                               ___________

Introduced  by  Sens. VALESKY, CARLUCCI, KLEIN -- read twice and ordered
  printed, and  when  printed  to  be  committed  to  the  Committee  on
  Commerce,  Economic Development and Small Business -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN  ACT  to  amend the state administrative procedure act, the executive
  law and the legislative law, in relation to the transmittal of certain
  records by electronic means

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph (c) of subdivision 1 of section 202 of the state
administrative procedure act, as added by chapter  17  of  the  laws  of
1984, is amended to read as follows:
  (c)  When appropriate in the judgment of the agency, a notice may also
be published in newspapers of general circulation and in trade, industry
or professional publications as the agency may select, AND MAY BE POSTED
ON THE AGENCY'S INTERNET WEBSITE, AND MAY BE TRANSMITTED  TO  NEWSPAPERS
AND  TRADE, INDUSTRY OR PROFESSIONAL PUBLICATIONS BY ELECTRONIC MEANS IN
ACCORDANCE WITH ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
  S 2. Subdivision 6-a of section 202 of the state administrative proce-
dure act, as added by chapter 850 of the laws of  1990,  paragraphs  (a)
and  (b)  as  amended  by chapter 171 of the laws of 1994, is amended to
read as follows:
  6-a. Distribution of rule making  information.  (a)  An  agency  shall
transmit  a  copy  of  any  rule making notice prepared pursuant to this
article to the governor, the temporary  president  of  the  senate,  the
speaker  of  the assembly, the administrative regulations review commis-
sion and the office of regulatory and management assistance at the  time
such  notice  is  submitted to the secretary of state for publication in
the state register. Such transmittal shall  include  the  complete  rule
text,  regulatory  impact  statement,  regulatory  flexibility analysis,
rural area flexibility analysis, or revisions  thereof,  and  any  other
information  submitted  to the secretary of state pursuant to this arti-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14196-04-4

S. 6847--A                          2

cle.  FURTHERMORE, SUCH TRANSMITTAL MAY BE COMPLETED BY ELECTRONIC MEANS
IN ACCORDANCE WITH ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
  (b)  An agency shall make a copy of the complete text of any proposed,
adopted or emergency rule, regulatory impact statement, regulatory flex-
ibility analysis, rural area flexibility analysis, or revisions  thereof
available,  IN  WRITTEN  AND ELECTRONIC FORMS, to the public at the time
such documents are submitted to the secretary of state  for  publication
in  the  state register and shall send to any person a copy of such text
upon written OR ELECTRONIC request.
  (c) An agency shall notify every person who has submitted a written OR
ELECTRONIC request to be notified of all  proposed,  revised,  emergency
and/or  adopted  rules which may affect such person. Such requests shall
expire annually on the thirty-first day of December  with  renewals  for
the  succeeding  year to be accepted on or after December first. Notices
issued pursuant to such requests shall be sent in writing OR  ELECTRONIC
FORM  to  the  last  address OR ELECTRONIC MAIL ADDRESS specified by the
person. An agency may charge any person requesting  such  notice  a  fee
consisting of the cost of preparation, handling and postage.
  S  3.  The opening paragraph of subdivision 3 of section 202-bb of the
state administrative procedure act, as added by chapter 171 of the  laws
of 1994, is amended to read as follows:
  In proposing a rule for adoption or in adopting a rule on an emergency
basis,  the agency shall issue a rural area flexibility analysis regard-
ing 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  IN  WRITING,  AND
MAY  BE  TRANSMITTED  ELECTRONICALLY IN ACCORDANCE WITH ARTICLE THREE OF
THE STATE TECHNOLOGY LAW, 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  commis-
sion  at the time such analysis is submitted OR ELECTRONICALLY TRANSMIT-
TED to the secretary of state for publication and, upon written OR ELEC-
TRONIC request, a copy shall be sent OR  ELECTRONICALLY  TRANSMITTED  to
any other person. Each rural area flexibility analysis shall contain:
  S  4.  Paragraph  (a)  of  subdivision 1 of section 202-d of the state
administrative procedure act, as amended by chapter 462 of the  laws  of
2012, is amended to read as follows:
  (a)  The departments of health, education, environmental conservation,
financial services, labor, agriculture and markets, motor  vehicles  and
state,  the  offices  of  children and family services and temporary and
disability assistance, the division of housing and community renewal and
the workers' compensation board, and any other department  specified  by
the  governor or his or her designee shall, and any other agency may, in
its discretion, submit IN WRITING OR ELECTRONICALLY IN  ACCORDANCE  WITH
ARTICLE THREE OF THE STATE TECHNOLOGY LAW to the secretary of state, for
publication  in  the first regular issue of the state register published
during the month of January and the last  regular  issue  of  the  state
register  published  in  June,  a  regulatory agenda to solicit comments
concerning any rule which the agency is considering to propose, but  for
which  no  notice of proposed rule making has been submitted pursuant to
subdivision one of section two hundred two of this article.
  S 5. The opening paragraph of subdivision 1 of section  202-d  of  the
state  administrative procedure act, as added by chapter 698 of the laws
of 1984, is amended to read as follows:
  An agency may, in its discretion, submit IN WRITING OR  ELECTRONICALLY
IN  ACCORDANCE  WITH  ARTICLE  THREE  OF THE STATE TECHNOLOGY LAW to the

S. 6847--A                          3

secretary of state, for publication in the first regular  issue  of  the
state  register  published during the months of January, May and Septem-
ber, a regulatory agenda to afford the agency an opportunity to  solicit
comments  concerning any rule which the agency is considering proposing,
but for which no notice of  proposed  rule  making  has  been  submitted
pursuant to subdivision one of section two hundred two of this [chapter]
ARTICLE.  A  regulatory  agenda  shall be comprised of summaries of such
rules. Each summary shall, in less than two thousand words, contain,  in
so far as practicable:
  S  6.  Subdivisions  2  and  3  of section 101-a of the executive law,
subdivision 2 as amended by chapter 610 of the laws of 1987 and subdivi-
sion 3 as amended by chapter 483 of the laws of  1988,  are  amended  to
read as follows:
  2.  Except  as provided in subdivision three of this section, at least
forty-five days prior to either the adoption  of  any  rule,  or,  if  a
public hearing is required by statute, at least forty-five days prior to
the  first  public  hearing  on a proposed rule, the agency proposing to
take such action shall send IN WRITING OR MAY TRANSMIT ELECTRONICALLY IN
ACCORDANCE WITH ARTICLE THREE OF THE STATE TECHNOLOGY LAW a notification
of such proposed action to the temporary president of the senate and the
speaker of the assembly.   This notification shall:  (a)  refer  to  the
statutory  authority  under  which  the action is proposed, (b) give the
time and place of any public hearing that may  be  scheduled  concerning
the  proposed  action, or state the manner in which data, views or argu-
ments may be submitted to the agency concerning the proposed action, (c)
contain a copy of the complete  text  of  the  proposed  rule,  and  (d)
contain  a fiscal statement setting forth the fiscal consequences of the
proposed action on the state and its local governments.
  3. If the agency finds that it is necessary for  the  preservation  of
the  public  health,  safety  or  general  welfare  to dispense with the
requirements of subdivision two OF THIS SECTION, the agency may dispense
with such requirements and adopt the  rule,  as  an  emergency  measure.
Within  five  days of the filing of such emergency measure in the office
of the department of state, the agency taking such action shall send  OR
TRANSMIT,  AS THE CASE MAY BE, the temporary president of the senate and
the speaker of the assembly a notification  containing  the  information
required  by  subdivision  two  of this section; provided, however, such
notification shall also: (a) include a brief statement setting forth the
reasons why the agency finds that it is necessary for  the  preservation
of  the  public  health,  safety or general welfare to dispense with the
requirements of subdivision two of this section and adopt the rule as an
emergency measure, and (b) provide the date the emergency  measure  will
terminate  if  the  agency  does  not  intend to adopt such measure as a
permanent rule, or indicate that the agency intends to adopt such  meas-
ure  as a permanent rule, in which case compliance with the notification
requirements of this section shall be deemed satisfied.  The  effective-
ness  of  any such emergency measure, unless adopted as a permanent rule
in the manner prescribed by law, shall not exceed ninety days after  the
filing  of  such  measure  in  the  office  of  the department of state,
provided, however, if such emergency measure is readopted prior  to  the
expiration  of such ninety day period such readoption and any subsequent
readoptions shall remain in effect for no longer than sixty days.
  S 7. Section 146 of the executive law, as amended by chapter 17 of the
laws of 1984, paragraph (d) of subdivision 1 as amended by  chapter  189
of  the  laws  of  1996, subdivision 4-a as amended by chapter 41 of the
laws of 1994, is amended to read as follows:

S. 6847--A                          4

  S 146. Publication of certain public notices.  1.  The  department  of
state  shall  publish,  pursuant  to the schedule in section one hundred
forty-seven of this article, AND POST ON ITS INTERNET WEBSITE a publica-
tion to be known as the state register, in which shall be published  AND
POSTED from time to time as received by such department:
  (a)  rules,  orders,  designations, and notices submitted by the chief
administrator of the courts;
  (b) notices and advertisements required by state  statute  or  federal
law, rule or regulation to be published by an agency in a newspaper;
  (c)  notices  required  by  statute  to  be published in newspapers in
actions against foreign corporations;
  (d) notices and job impact statements required by the  state  adminis-
trative procedure act to be published in the state register; and
  (e)  any other matter required by statute to be published in the state
register.
  2. The secretary of state may, at his OR HER discretion,  publish  AND
POST in the state register any notice or information which is not other-
wise  required  by statute to be submitted to him OR HER by an agency or
public corporation for publication in the state register,  in  instances
where such publication AND POSTING will serve the public interest.
  3.  With  regard  to  rule making notices required to be published AND
POSTED in the state register pursuant to article two of the state admin-
istrative procedure act, the secretary of  state  may,  at  his  OR  HER
discretion,  publish AND POST the complete text of a proposed or adopted
rule, which is not otherwise required to be published AND POSTED in  the
state  register,  in  instances  where such publication AND POSTING will
serve the public interest. THE SECRETARY OF STATE SHALL  ACCEPT  FROM  A
STATE AGENCY ALL RULEMAKING NOTICES, STATEMENTS AND ANALYSES AS REQUIRED
BY  THE STATE ADMINISTRATIVE PROCEDURE ACT, DATA, RULES, AND REGULATIONS
AS PROVIDED FOR BY ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
  4. With regard to a notice of adoption published in the state register
pursuant to article two of the state administrative procedure  act,  for
which  the  corresponding  notice  of proposed rule making published AND
POSTED in the state register included the complete text of the rule, the
secretary of state may, at his  OR  HER  discretion,  include  only  the
changes in such text in the notice of adoption.
  4-a.  Notice of the availability of any state or federal funding which
is to be distributed by any agency upon application by any municipality,
school board, school district, not-for-profit organization or any  other
individual  or  organization entitled to apply for such funding pursuant
to any law, rule or regulation governing the distribution of such  funds
shall  be  published AND POSTED in the state register. Such notice shall
appear in the register no later than forty-five days prior to  the  last
day for receipt of applications for such funding.  Such notice shall not
be required: (i) whenever a notice has been published in the procurement
opportunities  newsletter  pursuant  to  article  four-C of the economic
development law; (ii) for state or federal transportation  funding;  and
(iii)  in  those  instances where an entity has been specifically desig-
nated by law or legislative resolution to receive  funding.  Failure  to
publish  the  notice in a timely manner shall not be a basis for setting
aside an award or challenging a contract or other legal claim.
  5. The publication AND POSTING of notices and  advertisements  in  the
state  register  shall be additional to their publication in newspapers,
whenever publication in newspapers is required by statute.
  6. The secretary of state shall promulgate rules  establishing  proce-
dure,  forms,  font  and style for submission of material by any person,

S. 6847--A                          5

agency or public corporation for publication AND POSTING  in  the  state
register.
  S  8. Subdivision 3 of section 148 of the executive law, as amended by
chapter 636 of the laws of 1981, is amended to read as follows:
  3. Subscriptions to the state register shall be made available to  the
public  by  either  first or second class mail, OR IN ELECTRONIC FORM at
the election of the subscriber. A reasonable rate for a subscription  to
PRINTED  COPIES  OF  the  regular  issue and quarterly index required by
subdivision three of section one hundred forty-seven of this article, to
be not more than eighty dollars per year for first class  mail  delivery
and not more than forty dollars per year for second class mail delivery,
shall  be  set  by  the  secretary  of state. The secretary of state may
charge no more than one dollar and fifty cents  per  single  copy  of  a
PRINTED  regular  issue  or quarterly index of the state register. Rates
shall not be set at such a level that the anticipated total subscription
revenues exceed the total cost of producing, printing  and  distributing
the state register.
  S  9. Subdivision 1 of section 149 of the executive law, as amended by
chapter 17 of the laws of 1984, is amended and a new  subdivision  4  is
added to read as follows:
  1.  The  PRINTED  VERSION  OF THE state register shall be an eight and
one-half by eleven inch booklet with three holes  punched  in  the  left
hand  margin  to make such register suitable for storage in an eight and
one-half by eleven inch loose-leaf binder.
  4. TO THE EXTENT PRACTICABLE, EVERY  VERSION  OF  THE  STATE  REGISTER
TRANSMITTED  BY  ELECTRONIC  MEANS  SHALL  SUBSTANTIALLY COMPLY WITH THE
PROVISIONS OF THIS SECTION.
  S 10. Section 87 of the legislative law is amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  THE  COMMISSION SHALL BE AUTHORIZED TO REQUEST AND RECEIVE, FROM A
STATE  AGENCY,  ALL  RULEMAKING  NOTICES,  STATEMENTS  AND  ANALYSES  AS
PROVIDED  FOR  PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT, DATA,
RULES, REGULATIONS AND OTHER INFORMATION BY ELECTRONIC MEANS AS PROVIDED
FOR BY ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
  S 11. This act shall take effect on  the  one  hundred  twentieth  day
after  it shall have become a law, provided that the amendments to para-
graph (a) of subdivision 1 of section 202-d of the state  administrative
procedure act, made by section four of this act, shall be subject to the
expiration  and  reversion  of such subdivision pursuant to section 2 of
chapter 402 of the laws of 1994, as amended, when  upon  such  date  the
provisions  of section five of this act shall take effect; and provided,
further, that effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized and directed  to  be  made
and completed on or before such effective date.

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