New York State Register

Summary of Chapter 418:

extends the effectiveness of SAPA §202-d [Regulatory Agenda] from December 31, 2016 until December 31, 2020;

adds the following entities to the list of entities statutorily required to publish a regulatory agenda: Office of Mental Health, Office of People With Developmental Disabilities, and the State Gaming Commission;

replaces the current requirement to publish an agenda each year in the first regular issue of the State Register in the month of January, with a relaxed requirement to publish an agenda in any regular issue of the Register in the month of January;

includes, among information that may be obtained from an agency representative, “any draft version of a potential rule [listed in an agenda] that an agency is making publicly available.”  (It is noted that this new provision authorizes, but does not require, an agency to make any draft version of a potential rule publicly available.);

deletes provisions that previously granted an agency the option to either: maintain a continuously updated regulatory agenda on its website, or publish an updated regulatory agenda in the Register each year in the month of June;

removes the requirement for any agency to publish an updated regulatory agenda in the Register each year in the month of June (An agency is now required to publish an agenda only in the month of January, whether or not the agency maintains an updated regulatory agenda on its website.);

maintains the requirement for an agency to post its regulatory agenda on its website; and

authorizes (but does not require) an agency to update its regulatory agenda on its website after the agenda is published in the Register, and specifies that any such website update shall not require an agency to publish any additional information in the Register.