S T A T E O F N E W Y O R K
________________________________________________________________________
2842
2019-2020 Regular Sessions
I N S E N A T E
January 29, 2019
___________
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment 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. 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
pursuant to this article. FURTHERMORE, SUCH TRANSMITTAL MAY BE COMPLETED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08953-01-9
S. 2842 2
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
January, a regulatory agenda to solicit comments concerning any rule
S. 2842 3
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
in the manner prescribed by law, shall not exceed ninety days after the
S. 2842 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.
§ 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
(iii) in those instances where an entity has been specifically desig-
S. 2842 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.
§ 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.
