Authorizes state agencies to publish certain rule making notices by electronic means

Summary of provisions

Section 1: Amends SAPA section 202(1) to clearly authorize that the notice of proposed rule-making may be transmitted to newspapers electronically and may be posted on the state agency web-site.

Section 2: Amends SAPA section 202 (6-a) that relates to the distribution of rule-making information to clearly state that state agencies may transmit all rule-making notices, including but not limited to all notices that are required to be transmitted and printed in the State Register or sent to Legislative Leaders pursuant to Section 202. This would include, all rule-making notices that relate to a proposal, revision, continuation, expiration or adoption or an RIS or RFA. Further, it clearly authorizes a state agency to transmit rule-making notice requests to the general public electronically, if so requested.

Section 3: Amends SAPA section 202-bb that relates to the preparation and transmission of the Rural Area Flexibility Analysis. Under this provision of SAPA, such Analysis could be transmitted electronically as provided by the State Technology Law.

Sections 4 and 5: Amends SAPA section 202-d that relates to the issuance and transmittal of the Regulatory Agenda Notice to be published in the State Register. This provision allows such notice to be transmitted electronically.

Section 6: Amends Executive Law section 101-a that relates to the legislative notification of the proposal, adoption, amendment, suspension or repeal of agency rules. Under the provisions of this bill, such notification can be sent in writing or transmitted electronically in accordance with the State Technology Law.

Section 7: Amends Executive Law section 146 that establishes the standards to be used by the Department of State when it publishes the State Register. The State Register is the compilation of notices that each state agency must publish to announce public hearings or to inform the public of its rule-making activities. Under this provision of law, the Department of State (DOS) would need to post the State Register on its website. While DOS does so now, this bill brings the law up to date with what DOS is in fact doing with regard to posting the State Register on the internet. In addition, the Secretary of State shall accept from the state agency all rule-making notices, statements and analysis as required by SAPA, data, rules & regulation, and other information by electronic means as provided for by the State Technology Law.

Section 8: Amends Executive Law section 148 as it relates to the distribution of the State Register. This provision allows for the transmission of the State Register to general public electronically in addition to first or second class mail.

Section 9: Amends Executive Law section 149 that relates to the format of the State Register. Under this provision, it incorporates the standard that DOS in transmitting the State Register electronically should comply as best as it can to the provisions of this section.

Section 10: Amends Legislative Law section 87 that relates to the powers and duties of the Legislative Administration Regulations Review Commission (ARRC). This provision authorizes ARRC to request and receive data, rules, regulations and other information by electronic means, in addition to all rule-making notices, statements and analysis as provided for pursuant to SAPA.

Existing law

There is no clear statutory authorization or statutory language which clearly addresses the ability of (or parameters of such transmission) a state agency to transmit rule-making notices to DOS for publication in the State Register, to Legislative Leaders, the ARRC, to newspapers and other periodicals, or to the general public by electronic means in addition to its transmittal of hard paper copies to such governmental agencies that are required by law to obtain such notices.

Justification

This bill should help to give state agencies better guidance on their ability to transmit statutorily required rule-making notices, statements and analysis as provided for pursuant to SAPA, and other notices to appropriate government agencies by electronic means. By enacting this law, state agencies, if they wish to, could more easily transmit their documents electronically instead of transmitting paper copies of such governmental documents by mail or courier. This bill should help to increase response times to public inquiries for information, reduce printing costs for rule-making notices, and reduce the storage space needed to store such documents. Over all, this bill should help to make the operation of government less costly and reduce waste generated by the unnecessary printing of rule-making notices, RIS and RFA statements.

Legislative history

New bill

Fiscal implications

This bill should help to reduce the cost of state government and increase its response times to inquiries from the general public.

Effective date

120 days after it shall have become law.