S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1237--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sens. VALESKY, CARLUCCI, DeFRANCISCO, GALLIVAN, HELMING,
   RITCHIE -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Commerce, Economic Development and Small
   Business  -- recommitted to the Committee on Commerce, Economic Devel-
   opment and Small Business in accordance with Senate Rule 6, sec. 8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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.
   § 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),
 (b) and (c) as amended by chapter 295 of the laws of 2017, 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  and  the  administrative  regulations review
 commission 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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06984-02-8

 S. 1237--A                          2
 
 pursuant to this article. FURTHERMORE, SUCH TRANSMITTAL MAY BE COMPLETED
 BY  ELECTRONIC MEANS IN ACCORDANCE WITH ARTICLE THREE OF THE STATE TECH-
 NOLOGY 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  OR  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. 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 to the last address OR ELECTRON-
 IC 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;  provided, however, that no fee shall be charged
 for electronic notices. As an alternative to sending  a  document  elec-
 tronically,  an  agency  may identify the document and provide a link to
 the section of its website containing the full text of such document.
   § 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:
   § 4. Paragraph (a) of subdivision 1 of  section  202-d  of  the  state
 administrative  procedure  act, as amended by chapter 418 of the laws of
 2016, 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,
 the state gaming commission, the office of mental health, the office for
 people with developmental disabilities  and  the  workers'  compensation
 board,  and  any other department or agency 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
 any  regular  issue  of the state register published during the month of

 S. 1237--A                          3
 
 January, 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.
   §  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
 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:
   § 6. Subdivisions 2 and 3 of  section  101-a  of  the  executive  law,
 subdivision 2 as amended by chapter 455 of the laws of 2017 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
 sixty  days  prior  to  either the adoption of any rule, or, if a public
 hearing is required by statute, at least sixty 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  ACCORD-
 ANCE  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 stat-
 utory  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 arguments
 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

 S. 1237--A                          4
 
 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.
   § 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:
   § 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

 S. 1237--A                          5
 
 (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,
 agency  or  public  corporation for publication AND POSTING in the state
 register.
   § 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.
   § 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.
   §  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.
   §  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.