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

                                  6847

                            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

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.  Section 201 of the state administrative procedure act, as
amended by chapter 331 of the laws  of  1992,  is  amended  to  read  as
follows:
  S 201. Adoption of procedures; plain language.  1. This article estab-
lishes minimum procedures for all agencies, provided, however, an agency
may  adopt  by rule additional procedures not inconsistent with statute.
Each agency shall strive to ensure that, to the maximum  extent  practi-
cal, its rules, regulations and related documents are written in a clear
and coherent manner, using words with common and everyday meanings.
  2.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS  ARTICLE  OR  ANY  OTHER
PROVISION OF LAW, AGENCIES SHALL BE AUTHORIZED TO TRANSMIT, BY ELECTRON-
IC MEANS IN ACCORDANCE WITH ARTICLE THREE OF THE STATE  TECHNOLOGY  LAW,
ANY  NOTICE,  REPORT,  AGENDA  OR  OTHER DATA REQUIRED TO BE PROVIDED OR
SUBMITTED PURSUANT TO THIS ARTICLE.
  S 2. Paragraph (c) of subdivision 1 of section 202 of the state admin-
istrative 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 3. 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
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14196-03-4

S. 6847                             2

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-
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 4. 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 5. 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

S. 6847                             3

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  6.  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
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 7. 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

S. 6847                             4

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 8. 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 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-

S. 6847                             5

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,
agency  or  public  corporation for publication AND POSTING in the state
register.
  S 9. 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 10. 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 11. 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 12. 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 five 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 six 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.