S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7092
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2017
                                ___________
 
 Introduced  by  M.  of A. SIMOTAS, ZEBROWSKI, COLTON, BRAUNSTEIN, SCHIM-
   MINGER, ORTIZ, McDONALD, JAFFEE, JEAN-PIERRE, GALEF,  LAVINE,  THIELE,
   DICKENS, SKOUFIS, McKEVITT, D'URSO, BLAKE, GLICK -- Multi-Sponsored by
   --  M. of A. CAHILL, COOK, DiPIETRO, HYNDMAN, NOLAN, SIMANOWITZ, SIMON
   -- read once and referred to the Committee on Governmental Operations

 AN ACT to amend the state administrative procedure act, in  relation  to
   the electronic distribution of rule making information
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a), (b) and (c) of subdivision 6-a  of  section
 202 of the state administrative procedure act, paragraphs (a) and (b) as
 amended by chapter 171 of the laws of 1994 and paragraph (c) as added by
 chapter 850 of the laws of 1990, are amended to read as follows:
   (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[,] AND the administrative regu-
 lations review commission [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 article.
   (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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10702-01-7

 A. 7092                             2
 
 and/or adopted rules which may affect such person. [Such] THE AGENCY MAY
 ALLOW  REQUESTS  FOR  ONLY THE RULES OF PARTICULAR DIVISIONS OR PROGRAMS
 WITHIN THE AGENCY THAT ARE OF INTEREST TO SUCH PERSON. 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. ELEC-
 TRONIC REQUESTS SHALL NOT EXPIRE, BUT SHALL CONTINUE  UNTIL  THE  PERSON
 SUBMITS  A  REQUEST  TO  DISCONTINUE  SUCH  NOTIFICATION. Notices issued
 pursuant to such requests shall be sent [in writing] to the last 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;  PROVIDED, HOWEVER, THAT NO FEE SHALL BE CHARGED FOR ELECTRONIC
 NOTICES. AS AN ALTERNATIVE TO  SENDING  A  DOCUMENT  ELECTRONICALLY,  AN
 AGENCY  MAY  IDENTIFY  THE DOCUMENT AND PROVIDE A LINK TO THE SECTION OF
 ITS WEBSITE CONTAINING THE FULL TEXT OF SUCH DOCUMENT.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.