S T A T E O F N E W Y O R K
________________________________________________________________________
1419
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. WRIGHT, GALEF -- Multi-Sponsored by -- M. of A.
CHRISTENSEN, DINOWITZ, ESPAILLAT -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to
the dissemination of rule making information through electronic media
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds and declares that the accessibility
to the public of information concerning the regulatory activities of
state agencies, and the ability of the public to communicate its views
to state agencies in order to ensure that such policies are reflective
of the people's interests, concerns and knowledge are essential elements
of open and democratic government. Technological changes, such as the
expansion of on-line services, computer bulletin boards and other
aspects of the "information superhighway", offer the state new opportu-
nities to provide additional means of ensuring the accessibility and
accountability of agencies to the public. Therefore, it is the intent of
the legislature that agencies maximize their use of such technologies as
appropriate to provide for greater participation in the rule making
process.
S 2. The opening paragraph of section 201 of the state administrative
procedure act is designated subdivision 1 and a new subdivision 2 is
added to read as follows:
2. AGENCIES SUBJECT TO THE PROVISIONS OF THIS CHAPTER SHALL MAXIMIZE
THEIR USE OF INFORMATION TECHNOLOGIES, INCLUDING BUT NOT LIMITED TO THE
INTERNET AND OTHER ON-LINE SERVICES, COMPUTER BULLETIN BOARDS, ELECTRON-
IC MAIL AND ADVANCED TELECOMMUNICATIONS TECHNOLOGIES, AS APPROPRIATE, TO
PROVIDE FOR GREATER PARTICIPATION IN THE RULE MAKING PROCESS. EACH AGEN-
CY SHALL INCLUDE A SUMMARY OF ITS EFFORTS IN THIS REGARD IN ITS ANNUAL
REPORT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00289-01-9
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S 3. Paragraph (b) of subdivision 6-a of section 202 of the state
administrative procedure act, as amended by chapter 171 of the laws of
1994, is amended to read as follows:
(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 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 request]. THE TEXT OF
ANY PROPOSED, ADOPTED OR EMERGENCY RULE, REGULATORY IMPACT STATEMENT,
REGULATORY FLEXIBILITY ANALYSIS, RURAL AREA FLEXIBILITY ANALYSIS, OR
REVISIONS THEREOF SHALL BE MADE AVAILABLE BY AN AGENCY THROUGH ALL MEANS
AVAILABLE TO THE AGENCY, INCLUDING THE USE OF FACSIMILE TRANSMISSIONS OR
OTHER ELECTRONIC METHODS, TO ANY MEMBER OF THE PUBLIC WHO REQUESTS SUCH
TEXT. THERE SHALL BE NO CHARGE FOR PROVIDING A COPY OF SUCH TEXT TO ANY
MEMBER OF THE PUBLIC, EXCEPT THAT, AT THE DISCRETION OF THE AGENCY,
THERE MAY BE A CHARGE FOR FACSIMILE TRANSMISSION.
S 4. Paragraph (c) of subdivision 6-a of section 202 of the state
administrative procedure act, as added by chapter 850 of the laws of
1990, is amended to read as follows:
(c) An agency shall notify every person who has submitted a written
request to be notified of all proposed, revised, emergency and/or
adopted rules which may affect such person. [Such] AN AGENCY MAY
PROVIDE THE TEXT OF ALL PROPOSED, REVISED, EMERGENCY AND/OR ADOPTED
RULES TO PERSONS WHO REQUEST SUCH TEXT ORALLY. WRITTEN 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 UNLESS THE
AGENCY AUTOMATICALLY RENEWS SUCH REQUESTS. [Notices] THE TEXT OF ANY
PROPOSED, ADOPTED OR EMERGENCY RULE, REGULATORY IMPACT STATEMENT, REGU-
LATORY FLEXIBILITY ANALYSIS, RURAL AREA FLEXIBILITY ANALYSIS, OR
REVISIONS THEREOF issued pursuant to [such] WRITTEN OR ORAL requests
shall be sent [in writing] BY MAIL BY THE AGENCY to the last address
specified by the person, WHENEVER SUCH PERSON HAS REQUESTED THAT SUCH
TEXT BE MAILED. An agency may charge any person requesting such
[notice] TEXT a fee consisting of the cost of preparation, handling and
postage. THE TEXT MAY ALSO BE PROVIDED BY ANY OTHER MEANS AVAILABLE TO
THE AGENCY, INCLUDING THE USE OF FACSIMILE TRANSMISSIONS OR OTHER ELEC-
TRONIC METHODS, AND A REASONABLE FEE MAY BE CHARGED THEREFOR AT THE
DISCRETION OF THE AGENCY.
S 5. Subdivision 6 of section 202-b of the state administrative proce-
dure act, as amended by chapter 611 of the laws of 1996, is amended to
read as follows:
6. When any rule is proposed for which a regulatory flexibility analy-
sis is required, the agency shall assure that small businesses and local
governments have been given an opportunity to participate in the rule
making through such activities as:
(a) the publication of a general notice for the proposed rule making
in publications likely to be obtained by small businesses and local
governments of the types affected by the proposed rule;
(b) the direct notification of interested small businesses and local
governments affected by the proposed rule INCLUDING, WHERE THE AGENCY
HAS THE TECHNOLOGICAL CAPABILITY TO DO SO, NOTIFICATION BY ELECTRONIC
MAIL;
(c) THE DISSEMINATION OF SUCH INFORMATION TO ON-LINE BULLETIN BOARDS
OVER THE INTERNET OR SIMILAR DATA COMMUNICATIONS NETWORKS;
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(D) the conduct of special open conferences concerning the proposed
rule for small businesses and local governments affected by the rule;
and
[(d)] (E) the adoption or modification of agency procedural rules to
reduce the cost or complexity of participation in the rule making by
small businesses and local governments.
S 6. Subdivision 7 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:
7. When any rule is proposed for which a rural area flexibility analy-
sis is required, the agency shall assure that public and private inter-
ests in rural areas have been given an opportunity to participate in the
rule making through such activities as:
(i) the publication of a general notice of the proposed rule making;
(ii) notification of public and private interests in rural areas
directly affected by the proposed rule INCLUDING, WHERE THE AGENCY HAS
THE TECHNOLOGICAL CAPABILITY TO DO SO, NOTIFICATION BY ELECTRONIC MAIL;
(iii) THE DISSEMINATION OF SUCH INFORMATION TO ON-LINE BULLETIN BOARDS
OVER THE INTERNET OR SIMILAR DATA COMMUNICATIONS NETWORKS, INCLUDING BUT
NOT LIMITED TO THE RURAL ASSISTANCE INFORMATION NETWORK OR ANY SUCCESSOR
NETWORK;
(IV) the conduct of special public hearings or meetings concerning the
proposed rule for those public and private interests affected by the
rule; and
[(iv)] (V) the adoption or modification of agency procedural rules
that will minimize the cost or complexity of participation in the rule
making.
S 7. This act shall take effect immediately.