N.Y. SAP. LAW § 202 : NY Code - Section 202: Rule making procedure

Search N.Y. SAP. LAW § 202 : NY Code - Section 202: Rule making procedure

1. Notice of proposed rule making. (a)
  Prior to the adoption of a rule, an agency  shall  submit  a  notice  of
  proposed  rule  making  to the secretary of state for publication in the
  state register and shall afford the  public  an  opportunity  to  submit
  comments  on  the proposed rule. Unless a different time is specified by
  statute or this paragraph, the  notice  of  proposed  rule  making  must
  appear in the state register at least forty-five days prior to either
    (i) the addition, amendment or repeal of a rule for which statute does
  not require that a public hearing be held prior to adoption, or
    (ii)  the  first  public  hearing  on  a  proposed rule for which such
  hearing is so required.
    The notice of proposed rule making shall indicate the  last  date  for
  submission  of  comments on the proposed rule, which, unless a different
  time is specified in statute or this paragraph, shall be not  less  than
  forty-five  days  after  the  date of publication of such notice, or, if
  statute requires that a public hearing be held prior  to  adoption,  not
  less  than five days after the date of the last public hearing scheduled
  to be held on the proposed rule. Notwithstanding any other provision  of
  this  paragraph, when the notice of proposed rule making contains only a
  description of the  subject,  purpose  and  substance  of  the  rule  as
  provided  in  subparagraph (v) of paragraph (f) of this subdivision, and
  the full text of the proposed rule has not  been  posted  on  a  website
  maintained  by  the  agency  or  another state entity, the last date for
  submission of comments shall be not less than sixty days after the  date
  of  publication of such notice, unless the rule is a consensus rule or a
  rule defined in subparagraph (ii) of paragraph (a) of subdivision two of
  section one hundred two of this chapter.
    (b) (i) When an agency submits a notice of  proposed  rule  making  as
  provided  in paragraph (a) of this subdivision solely for the purpose of
  proposing a consensus rule for adoption, the agency  may  dispense  with
  any requirement for public hearing and the requirements of subparagraphs
  (ii),  (iii), (iv), (vi) and (vii) of paragraph (f) of this subdivision;
  provided, however, that such notice shall include  a  statement  setting
  forth  a  clear  and  concise  explanation of the basis for the agency's
  determination that no person is likely to object to the adoption of  the
  rule as written.
    (ii)  If any public comment is received on the rule which contains any
  objection to adoption of a consensus rule, the agency must withdraw  the
  notice  of  proposed rule making for the consensus rule and may submit a
  notice of proposed rule making for such rule making which complies  with
  all of the relevant provisions of this subdivision.
    (iii) Unless otherwise provided by law, a rule defined in subparagraph
  (ii)  of  paragraph (a) of subdivision two of section one hundred two of
  this chapter may be adopted as a consensus rule in accordance  with  the
  provisions  of  this paragraph; provided, however, that for the purposes
  of paragraph (c) of subdivision one of section one hundred three of this
  chapter, any public hearing required by law to be held on any such  rule
  shall  be  deemed  to  be explicitly directed at such rule. No such rule
  which is defined by the public service law as a "major  change"  may  be
  adopted as a consensus rule.
    (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.
    (d) The requirement for publication  of  a  notice  of  proposed  rule
  making  in  the  state  register  shall not preclude the initiation of a
  public hearing with respect to the  proposal  of  any  rule  defined  in
  subparagraph  (ii)  of  paragraph  (a) of subdivision two of section one
  hundred two of this chapter where notice otherwise consistent  with  the

  provisions of this subdivision has been given, provided, however, in all
  situations  notice  must  be published within a reasonable time prior to
  the hearing.
    (e) When an agency submits a notice of proposed rule making for a rule
  which  was  proposed  for  adoption as a consensus rule and subsequently
  withdrawn pursuant to paragraph (b) of  this  subdivision,  such  notice
  shall  identify  the  prior  notice  of  proposed  rule making and shall
  briefly describe the objection or  objections  which  caused  the  prior
  notice of proposed rule making to be withdrawn.
    (f) The notice of proposed rule making shall:
    (i)  cite  the  statutory authority, including particular sections and
  subdivisions, under which the rule is proposed for adoption;
    (ii) give the date, time and place of any public hearing  or  hearings
  which are scheduled;
    (iii) state whether or not the place of any public hearing or hearings
  shall  be  reasonably  accessible to persons with a mobility impairment;
  for purposes hereof, "persons with a  mobility  impairment"  shall  mean
  those persons with a physical impairment which is permanent and severely
  limits  that  person's  mobility,  or a person who is unable to ambulate
  without the aid of a wheelchair or other  prosthetic  device;  provided,
  however,  that the failure of such accessibility in accordance herewith,
  upon diligent effort to have provided same, shall have  no  effect  upon
  any actions or proceedings taken at any such subject hearings;
    (iv)  include  a  statement  that  interpreter  services shall be made
  available to deaf persons, at no charge, upon written  request  to  such
  agency  representative  as  shall be designated pursuant to subparagraph
  (viii) of this paragraph within a reasonable time prior to any scheduled
  public hearing or hearings. If interpreter services are  requested,  the
  agency  conducting  the  rule  making  proceeding in all instances shall
  appoint a  qualified  interpreter  who  is  certified  by  a  recognized
  national  or  New  York  state  credentialing authority to interpret the
  proceedings to, and the testimony of,  such  deaf  person.  Such  agency
  shall  determine  a  reasonable  fee  for all such interpreting services
  which shall be a charge upon the agency;
    (v) contain the complete text of the proposed rule, provided, however,
  if such text exceeds two thousand words, the notice shall contain only a
  description of the subject, purpose and substance of such rule  in  less
  than  two  thousand words and shall identify the address of the website,
  if any, on which the full text has been posted;
    (vi) include  a  regulatory  impact  statement  prepared  pursuant  to
  section  two  hundred  two-a of this chapter, provided, however, if such
  statement exceeds two thousand words, the notice shall  include  only  a
  summary of such statement in less than two thousand words;
    (vii)  include  a  regulatory  flexibility  analysis  and a rural area
  flexibility analysis prepared pursuant to sections two hundred two-b and
  two hundred two-bb of this chapter, provided, however,  if  an  analysis
  exceeds  two  thousand words, the notice shall include only a summary of
  such analysis in less than two thousand words;
    (viii) give the name, public office address and telephone number of an
  agency representative, who is knowledgeable on the proposed  rule,  from
  whom  the  complete  text of such rule and any scientific or statistical
  study, report and analysis that served as the basis for the rule and any
  supporting  data,  the  regulatory  impact  statement,  the   regulatory
  flexibility  analysis,  and  the  rural area flexibility analysis may be
  obtained;  from  whom  information  about  any  public  hearing  may  be
  obtained;  and  to  whom  written  data,  views  and  arguments  may  be
  submitted; and
    (ix) include any additional matter required by statute.

    2. Expiration of notice of proposed rule making; notice of expiration.
  (a)   Except  with  respect  to  any  notice  of  proposed  rule  making
  concerning  a  rule  defined  in  subparagraph  (ii) of paragraph (a) of
  subdivision two of section one hundred two of this chapter, a notice  of
  proposed rule making shall expire and be ineffective for the purposes of
  this  section,  unless  the  proposed  rule is adopted by the agency and
  filed with the secretary of state  in  the  manner  prescribed  by  law,
  within three hundred sixty-five days after the latter of:
    (i) the publication in the state register of a notice of proposed rule
  making for the rule; or
    (ii)  the  date  of  the  last public hearing announced in a notice of
  proposed rule making for the rule.
    (b) When a notice so expires, the secretary of state shall  publish  a
  notice  of  expiration  in the state register. Such notice shall contain
  such information as is determined, in the discretion of the secretary of
  state, to serve the public interest.
    3. Continuation of notice of proposed rule making. If,  within  ninety
  days of the date on which a rule will expire, an agency submits a notice
  of  revised  rule making for the rule, the rule making will be continued
  for an additional ninety days beyond the date on  which  it  would  have
  expired.
    4. Withdrawal of notice of proposed rule making; notice of withdrawal.
  An  agency may withdraw a notice of proposed rule making and terminate a
  rule making proceeding by submitting  a  notice  of  withdrawal  to  the
  secretary  of  state  for publication in the state register. Such notice
  shall include a statement of the reason or reasons for withdrawal of the
  proposed rule.
    4-a. Notice of revised rule making. (a) Except  with  respect  to  any
  rule defined in subparagraph (ii) of paragraph (a) of subdivision two of
  section  one  hundred  two  of  this chapter, prior to the adoption of a
  rule, an agency shall submit a notice of  revised  rule  making  to  the
  secretary  of  state  for  publication  in  the  state  register for any
  proposed rule which contains a substantial revision. The public shall be
  afforded an opportunity to submit comments on  the  revised  text  of  a
  proposed  rule.  Unless  a  different  time is specified in statute, the
  notice of revised rule making must appear in the state register at least
  thirty days prior to the adoption of the rule.  The  notice  of  revised
  rule  making  shall indicate the last date for submission of comments on
  the revised text of the proposed rule, which, unless a different time is
  specified in statute, shall be not less than thirty days after the  date
  of publication of such notice.
    (b)  Each  agency  shall  publish  and make available to the public an
  assessment of public  comment  for  a  rule  revised  pursuant  to  this
  subdivision.  Such  assessment  shall be based upon any written comments
  submitted to the agency and any comments presented at any public hearing
  held on the proposed rule by the agency. The assessment  shall  contain:
  (i)  a  summary  and  an  analysis  of the issues raised and significant
  alternatives suggested by any such comments; (ii)  a  statement  of  the
  reasons  why any significant alternatives were not incorporated into the
  rule; and (iii) a description of any changes  made  in  the  rule  as  a
  result  of  such comments. If no comments have been received, the notice
  of revised rule making shall state that no comments were received by the
  agency. Any subsequent assessment published pursuant to  this  paragraph
  or  paragraph  (b) of subdivision five of this section need only include
  comments not addressed in any previously published assessment of  public
  comment for the rule; provided, however, that the notice of revised rule
  making or adoption shall contain the date any previous notice of revised

  rule  making containing an assessment of public comment was published in
  the state register.
    * (c) The notice of revised rule making shall:
    (i)  cite  the  statutory authority, including particular sections and
  subdivisions, under which the rule is proposed for adoption;
    (ii) contain the complete revised text of the proposed rule, provided,
  however, if such text exceeds two thousand words, the notice may contain
  only a description of the subject, purpose and substance of such rule in
  less than two thousand words;
    (iii) identify the substantial revisions to the text of the rule;
    (iv) give the date, time and place of any public hearing  or  hearings
  on  the  rule  which are to be held subsequent to the publication of the
  notice;
    (v) include a revised regulatory impact statement,  when  required  by
  the  provisions of subparagraph (ii) of paragraph (a) of subdivision six
  of section two hundred two-a of this chapter, provided, however, if such
  statement exceeds two thousand words, the notice shall  include  only  a
  summary of such statement in less than two thousand words;
    (vi)  include  a  revised  regulatory flexibility analysis and a rural
  area  flexibility  analysis,  when  required  by   the   provisions   of
  subparagraph  (ii)  of paragraph (a) of subdivision seven of section two
  hundred two-b and paragraph (b) of  subdivision  eight  of  section  two
  hundred  two-bb  of  this  chapter, provided, however, if such statement
  exceeds two thousand words, the notice shall include only a  summary  of
  such statement in less than two thousand words;
    (vii)  give  the  name,  address  and  telephone  number  of an agency
  representative knowledgeable on the rule, from whom the complete revised
  text of such rule, any revised regulatory impact statement  any  revised
  regulatory  flexibility  analysis and any revised rural area flexibility
  analysis may be obtained; from whom  information  about  any  additional
  public  hearing  may  be  obtained;  and to whom written data, views and
  arguments may be submitted;
    (viii) state whether the notice shall  also  extend  the  rule  making
  period for an additional ninety days as provided in subdivision three of
  this section;
    (ix)  include  the  assessment of public comment, prepared pursuant to
  paragraph (b) of this  subdivision  provided,  however,  that,  if  such
  assessment  exceeds  two thousand words, the notice shall include only a
  summary of such assessment in less than two thousand words; and
    (x) include any additional matter required by statute.
    * NB There are 2 par (c)'s
    * (c) An agency may not submit a notice of revised rule making  for  a
  rule which has been proposed as a consensus rule.
    * NB There are 2 par (c)'s
    5.  Notice  of  adoption.  (a)  When  an  agency files a rule with the
  secretary of state, such agency shall also submit a notice  of  adoption
  to  the secretary of state for publication in the state register. Except
  as provided in subdivision six of this section, an agency may not file a
  rule with, or submit a notice of adoption to,  the  secretary  of  state
  unless  the  agency  has  previously submitted a notice of proposed rule
  making and complied with the provisions of this section.
    (b) Except with respect to any rule defined in  subparagraph  (ii)  of
  paragraph  (a)  of  subdivision  two  of section one hundred two of this
  chapter, each agency shall publish and make available to the  public  an
  assessment  of  public  comment  for  a  rule  adopted  pursuant to this
  subdivision or paragraph (e) of subdivision six of  this  section.  Such
  assessment  shall  be  based  upon any written comments submitted to the
  agency and any comments presented at any  public  hearing  held  on  the

  proposed rule by the agency. The assessment shall contain: (i) a summary
  and  an  analysis  of  the  issues  raised  and significant alternatives
  suggested by any such comments, (ii) a statement of the reasons why  any
  significant alternatives were not incorporated into the rule and (iii) a
  description  of  any  changes  made  in  the  rule  as  a result of such
  comments. If any comments included estimates of projected costs  of  the
  proposed  rule  to  the  state,  local governments or regulated persons,
  which differed significantly from those presented by the agency  in  its
  regulatory  impact  statement, regulatory flexibility analysis, or rural
  area flexibility analysis,  the  assessment  shall  also  summarize  the
  agency's  assessment  of  such  estimates.  If  no  comments  have  been
  received, the notice of adoption  shall  state  that  no  comments  were
  received by the agency. Comments submitted or presented to the agency by
  a  legislative  committee or commission or by a member or members of the
  senate or assembly shall be  considered  public  comment  and  shall  be
  summarized and analyzed in the assessment.
    (c) The notice of adoption shall:
    (i)  cite  the  statutory authority, including particular sections and
  subdivisions, under which the rule is adopted;
    (ii) contain the complete text  of  the  rule  as  adopted,  provided,
  however,  if  such  text  exceeds  two  thousand words, the notice shall
  contain only a description of the subject, purpose and substance of such
  rule in less than two thousand words;
    (iii) state whether there have been any changes in  the  text  of  the
  rule  as  adopted  when  compared  with the text of the latest published
  version of the proposed rule, and if such changes  have  occurred,  cite
  the particular sections, subdivisions and paragraphs so changed;
    (iv) give the effective date of the rule;
    (v)  include  a  revised regulatory impact statement, when required by
  the provisions of subparagraph (ii) of paragraph (a) of subdivision  six
  of section two hundred two-a of this chapter, provided, however, if such
  statement  exceeds  two  thousand words, the notice shall include only a
  summary of such statement in less than two thousand words;
    (vi) include a revised regulatory flexibility analysis and rural  area
  flexibility  analysis,  when  required by the provisions of subparagraph
  (ii) of paragraph (a) of subdivision seven of section two hundred  two-b
  and  paragraph (b) of subdivision eight of section two hundred two-bb of
  this chapter, provided, however, if such statement exceeds two  thousand
  words, the notice shall include only a summary of such statement in less
  than two thousand words;
    (vii)  include  the assessment of public comment, prepared pursuant to
  paragraph (b) of this subdivision, provided, however, if such assessment
  exceeds two thousand words, the notice shall include only a  summary  of
  such assessment in less than two thousand words;
    (viii) give the name, public office address and telephone number of an
  agency  representative  from  whom the complete text of the rule and any
  revised regulatory  impact  statement,  revised  regulatory  flexibility
  analysis,  rural area flexibility analysis or assessment of comments may
  be obtained; and
    (ix) state  whether  any  notice  of  revised  rule  making  had  been
  submitted  for  such rule making and specify the date or dates that such
  notice or notices appeared in the state register; and
    (x) include any additional matter required by statute.
    6.  Notice  of  emergency  adoption.  (a)  Notwithstanding  any  other
  provision  of  law,  if an agency finds that the immediate adoption of a
  rule is necessary for the preservation of the public health,  safety  or
  general welfare and that compliance with the requirements of subdivision
  one of this section would be contrary to the public interest, the agency

  may dispense with all or part of such requirements and adopt the rule on
  an emergency basis.
    (b)  Unless  otherwise  provided by law, such emergency rule shall not
  remain in effect for longer than ninety days after being filed with  the
  secretary  of state unless within such time the agency complies with the
  requirements of subdivision one of this  section  and  adopts  the  rule
  pursuant  to  the  provisions  of  subdivision  five  of  this  section,
  provided, however, if such emergency rule  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.
    (c) An emergency rule which is in regard to  security  authorizations,
  corporate  or  financial  structures  or reorganization thereof, and for
  which statute does not require that a public hearing be  held  prior  to
  adoption,  shall  not expire pursuant to the provisions of paragraph (b)
  of this subdivision if the agency finds that the  purpose  of  the  rule
  would be frustrated if subsequent notice procedures were required.
    (d) A notice of emergency adoption shall:
    (i)  cite  the  statutory authority, including particular sections and
  subdivisions, under which the rule is adopted;
    (ii) state whether the  notice  shall  also  constitute  a  notice  of
  proposed  rule  making  for  the  purposes  of  subdivision  one of this
  section, and if so, give the date, time and place of any public  hearing
  or hearings which are scheduled;
    (iii)  state  whether  the  notice  shall  also constitute a notice of
  revised rule making for the  purposes  of  subdivision  four-a  of  this
  section,   and   if   so,  include  all  information  required  by  such
  subdivision; and
    (iv) contain the findings required by paragraphs (a) and (c)  of  this
  subdivision  and  include  a  statement  fully  describing  the specific
  reasons for such findings and the facts and circumstances on which  such
  findings  are  based.  Such  statement  shall  include,  at a minimum, a
  description of the nature and, if applicable,  location  of  the  public
  health, safety or general welfare need requiring adoption of the rule on
  an  emergency  basis;  a  description  of  the  cause, consequences, and
  expected duration of such need; an explanation of  why  compliance  with
  the requirements of subdivision one of this section would be contrary to
  the  public interest; and an explanation of why the current circumstance
  necessitates that the public and interested parties be given  less  than
  the  minimum  period  for notice and comment provided for in subdivision
  one of this section;
    (v) give the effective date of the rule;
    (vi) state the specific date the emergency rule will expire;
    (vii) contain the complete text of  the  rule  as  adopted,  provided,
  however,  if  such  text  exceeds  two  thousand words, the notice shall
  contain only a description of the subject, purpose and substance of such
  rule in less than two thousand words;
    (viii) include a regulatory  impact  statement  prepared  pursuant  to
  section  two  hundred two-a of this chapter or a statement setting forth
  that the regulatory impact statement will appear in the  state  register
  within  thirty  days  of  the  effective  date  of  the  emergency rule,
  provided, however, if either statement exceeds two thousand  words,  the
  notice  shall  include only a summary of such statement in less than two
  thousand words;
    (ix) include a regulatory flexibility analysis  prepared  pursuant  to
  section two hundred two-b and a rural area flexibility analysis pursuant
  to  section  two  hundred two-bb of this chapter or a statement that the
  regulatory flexibility analysis and/or rural area  flexibility  analysis
  will  appear  in  the state register within thirty days of the effective

  date of the emergency rule,  provided,  however,  if  such  analysis  or
  statement  exceeds  two  thousand words, the notice shall include only a
  summary of such analysis or statement in less than two thousand words;
    (x)  give  the  name, public office address and telephone number of an
  agency representative, knowledgeable on the rule, from whom  a  complete
  text   of   such  rule,  the  regulatory  impact  statement,  regulatory
  flexibility analysis, and the rural area  flexibility  analysis  may  be
  obtained;  from  whom  information  about  any  public  hearing  may  be
  obtained;  and  to  whom  written  data,  views  and  arguments  may  be
  submitted; and
    (xi) include any additional matter required by statute.
    (e)  If,  prior  to  the  expiration  of  a  rule  adopted pursuant to
  paragraph (a) of this subdivision, the agency finds that the  readoption
  of  such rule on an emergency basis is necessary for the preservation of
  the public health, safety or general welfare, the agency may readopt the
  rule on an emergency basis.  No  readoption  shall  be  filed  with  the
  secretary  of state unless the agency has submitted a notice of proposed
  rule making pursuant to subdivision one of this section.  No  second  or
  subsequent  readoption shall be filed with the secretary of state unless
  the agency at the same time submits an  assessment  of  public  comments
  prepared pursuant to paragraph (b) of subdivision five of this section.
    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,  the   administrative   regulations   review
  commission and the office of regulatory and management assistance 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.
    (b) An agency shall make a copy of the complete text of any  proposed,
  adopted  or  emergency  rule,  regulatory  impact  statement, regulatory
  flexibility analysis, rural  area  flexibility  analysis,  or  revisions
  thereof available 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 request.
    (c) An agency shall notify every person who has  submitted  a  written
  request  to  be  notified  of  all  proposed,  revised, emergency and/or
  adopted rules which may affect such person. Such 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.  Notices
  issued  pursuant  to  such requests shall be sent in writing to the last
  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.
    7. Rule text requirements. (a) Except with respect to any rule defined
  in subparagraph (ii) of paragraph (a) of subdivision two of section  one
  hundred  two  of  this  chapter,  the  complete  text of any proposed or
  adopted rule shall identify new language  by  underscoring  or  italics,
  enclose  in  brackets  any  words  which are to be deleted, and give the
  citation of any rule which is to be repealed.
    (b) Notwithstanding any provision herein to the  contrary,  an  agency
  may:
    (i) with regard to a notice published in the state register concerning
  a  rule defined in subparagraph (ii) of paragraph (a) of subdivision two
  of section one hundred two of this chapter, elect to include either  the

  complete  text  of the proposed or adopted rule in two thousand words or
  less, or a description of the subject, purpose  and  substance  of  such
  rule in less than two thousand words; and
    (ii) with regard to a notice published in any newspaper or publication
  other than the state register, elect to include either the complete text
  or  a  description of the subject, purpose and substance of the proposed
  or adopted rule.
    (c) For the purposes of determining if the length of  the  text  of  a
  rule  to  be  published  pursuant  to  this section exceeds two thousand
  words, such text shall exclude any previously published portion  of  the
  rule  which  is  precisely  identified  in  the text thereof pursuant to
  paragraph c of subdivision  one  of  section  one  hundred  two  of  the
  executive law;
    8. Judicial review. A proceeding may be commenced to contest a rule on
  the  grounds  of  noncompliance with the procedural requirements of this
  section, section two hundred two-a and section two hundred two-b of this
  chapter, provided, however, such proceeding  must  be  commenced  within
  four  months  from  the  effective date of such rule. Each rule shall be
  promulgated in  substantial  compliance  with  the  provisions  of  such
  sections,  provided,  however, the inadvertent failure to send notice to
  any person shall not serve to invalidate any rule promulgated hereunder.
    9. Secretary of state. (a) The secretary of state shall:
    (i) prescribe standard forms to be used by  agencies  when  submitting
  for  publication  in  the  state  register  the notices required by this
  section;
    (ii) promptly review each notice  submitted  by  an  agency  for  such
  publication;
    (iii)  reject  those  notices  which are not in substantial compliance
  with the  provisions  of  this  section,  give  prompt  notice  of  such
  rejection to the agency, and advise such agency on the corrective action
  required; and
    (iv)  publish all notices and statements, required by this section and
  section two hundred one-a of this chapter, in the state register as soon
  as practicable.
    (b)(i) The secretary of state may, in addition to publication  of  the
  state  register,  publish an electronic copy of the state register which
  shall be freely available on the internet.
    (ii) Whenever an agency provides an electronic mail  address  for  the
  submission  of comments regarding a notice, the secretary of state shall
  provide a direct link between the electronic copy of the state  register
  and  that  electronic  mail  address,  permitting  a  person viewing the
  electronic copy of the state register to immediately submit comments  by
  electronic mail.
    (iii)  The  secretary  of  state  shall  provide  that the direct link
  between the electronic copy of the state  register  and  the  electronic
  mail  address provided by an agency shall also deliver to the governor's
  office of regulatory reform a copy of all comments submitted.
    (iv) Nothing  contained  in  this  paragraph  shall  impose  upon  the
  secretary  of  state  or  any  agency any responsibility for delivery or
  failure of delivery  of  comments  submitted  through  the  direct  link
  between  the  electronic  copy  of the state register and the electronic
  mail address provided  by  an  agency  in  the  event  of  any  failure,
  incompatibility,  or  lack of function in any computer or communications
  hardware or software, regardless of whether such hardware or software is
  or is not within the control of the secretary of state or agency.