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Who cares
Headline styles
Sponsors
2 Co-sponsors
History
- Substituted by A9612
- Advanced to third reading
- 2nd report cal.
- 1st report cal.889
- Referred to commerce, economic development and small business
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to online posting of full text of rules, statements and analyses
Signed by Governor · Sponsor Kenneth Zebrowski
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the state administrative procedure act, in relation to online posting of full text of rules, statements and analyses
Purpose
This bill amends the State Administrative Procedure Act (SAPA) to require that when only a summary of the text of a proposed or revised rule or another regulatory document published in the State Register, the full text must be made available to the public by posting on a state agency website.
Summary of provisions
Bill § -1 amends SAPA § 201-a to require that when a job impact statement is summarized for publication in the State Register because it exceeds 2000 words, the full text shall be posted on the website of the agency (or of another state entity).
Bill § § 2 and 3 amend SAPA § 202(1) to establish similar requirements for online posting of the full text of a proposed rule over 2000 words for which only a summary is published in the State Register. The full text shall remain posted until the proposed rule is adopted, revised, withdrawn or expires pursuant to SAPA Article 2. Such web posting is not required for the full text of a "rate-type" rule as defined in SAPA § io2(2)(a)(ii). Similar requirements are added requiring web posting of summarized regulatory impact statements and flexibility analyses. Finally, current language requiring extension of the comment period when the full text of a summarized rule is not posted is deleted since it would no longer be applicable.
Bill § 4 amends SAPA § 202(4-a) to establish requirements similar to those prescribed for proposed rules for online posting of the full text of a revised rule over 2000 words.
Justification
When the text of a proposed rule or other rulemaking document exceeds 2000 words, only a summary is published in the State Register. In order to review the actual text, a member of the public must contact the agency and ask that they send the full text. This shortens the time available for the public to review and comment on a lengthy proposal. As a result, SAPA requires that if a proposed rule is summarized in the State Register and the full text is not posted on a state website, the comment period is expended from 45 days to 60 days.
This requirement, however, only applies to the original proposal. No web posting is currently required for a revised rule - even if the text has been extensively revised - or for regulatory impact statements, job impact statements or flexibility analyses for small businesses, local governments or rural areas. Given the growing importance of electronic media, there is no reason that rulemaking information should not be readily available online. Since the State Register is already available online, requiring relevant documents that are only summarized in that publication to also be posted online will make the regulatory process in New York more transparent, effective and timely.
Legislative history
New bill
Fiscal implications
None.
Effective date
The first day of January after having become a law, and applicable to any notice of proposed or revised rule making (including rule text and other regulatory documents) published on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.