New York State Register

Summary of Chapters 304, 305 and 490:

Whenever a summary of either a rule, or supporting statement or analysis (i.e., Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis, or Job Impact Statement) is filed in lieu of the full text for publication in the Register - with any Notice of Proposed Rulemaking or Notice of Emergency Adoption - these chapters require the filing entity to post online the full text of such summarized rule and/or summarized supporting documents.

In addition, whenever any such summary is filed for publication in the Register - with any Notice of Proposed Rulemaking or Emergency Adoption - the filing entity must also “provide sufficient information to enable the public to access such information [full text] without extensive searching” (Chapter 490).  Thus, whenever such a summary is filed, the filing entity should specify the online location of the associated full text more precisely than by just providing a general State agency website address; for instance, the summary could identify a specific webpage or section of the agency website where the full text is posted. 

Please also note that, pursuant to these Chapters:

any such full text is to be posted online by the date that the notice is published in the State Register;

any such posted full text is to be maintained on the website: until the proposed rule is adopted, revised, withdrawn or expires; or while the emergency rule is effective; and

only proposed or emergency rules defined in SAPA §102(2)(a)(ii) [Rate Makings] are excepted from the full text web posting requirements.

Chapter 304 also amends SAPA §202(1)(a) by removing SAPA’s 60-day minimum public comment period applicable to proposed rules when only the summary of the proposed rule text appears in the Register and the full text of the proposed rule has not been posted on a State website.  Since these Chapters require the full proposed rule text to be posted on a State website whenever only a summary of such proposed rule appears in the Register, and since Chapter 304 removes the SAPA provisions regarding the 60-day minimum public comment period, the minimum public comment period applicable to all proposed rules is 45 days, unless a different time is otherwise specified in SAPA or in another statute.

Chapter 304 also makes technical corrections/re-letterings to several SAPA rulemaking provisions.