§ 146. Publication of certain public notices. 1. The department of
state shall publish, pursuant to the schedule in section one hundred
forty-seven of this article, and post on its internet website a
publication to be known as the state register, in which shall be
published and posted from time to time as received by such department:

(a) rules, orders, designations, and notices submitted by the chief
administrator of the courts;

(b) notices and advertisements required by state statute or federal
law, rule or regulation to be published by an agency in a newspaper;

(c) notices required by statute to be published in newspapers in
actions against foreign corporations;

(d) notices and job impact statements required by the state
administrative procedure act to be published in the state register; and

(e) any other matter required by statute to be published in the state
register.

2. The secretary of state may, at his or her discretion, publish and
post in the state register any notice or information which is not
otherwise required by statute to be submitted to him or her by an agency
or public corporation for publication in the state register, in
instances where such publication and posting will serve the public
interest.

3. With regard to rule making notices required to be published and
posted in the state register pursuant to article two of the state
administrative procedure act, the secretary of state may, at his or her
discretion, publish and post the complete text of a proposed or adopted
rule, which is not otherwise required to be published and posted in the
state register, in instances where such publication and posting will
serve the public interest. The secretary of state shall accept from a
state agency all rulemaking notices, statements and analyses as required
by the state administrative procedure act, data, rules, and regulations
as provided for by article three of the state technology law.

4. With regard to a notice of adoption published in the state register
pursuant to article two of the state administrative procedure act, for
which the corresponding notice of proposed rule making published and
posted in the state register included the complete text of the rule, the
secretary of state may, at his or her discretion, include only the
changes in such text in the notice of adoption.

4-a. Notice of the availability of any state or federal funding which
is to be distributed by any agency upon application by any municipality,
school board, school district, not-for-profit organization or any other
individual or organization entitled to apply for such funding pursuant
to any law, rule or regulation governing the distribution of such funds
shall be published and posted in the state register. Such notice shall
appear in the register no later than forty-five days prior to the last
day for receipt of applications for such funding. Such notice shall not
be required: (i) whenever a notice has been published in the procurement
opportunities newsletter pursuant to article four-C of the economic
development law; (ii) for state or federal transportation funding; and
(iii) in those instances where an entity has been specifically
designated by law or legislative resolution to receive funding. Failure
to publish the notice in a timely manner shall not be a basis for
setting aside an award or challenging a contract or other legal claim.

5. The publication and posting of notices and advertisements in the
state register shall be additional to their publication in newspapers,
whenever publication in newspapers is required by statute.

6. The secretary of state shall promulgate rules establishing
procedure, forms, font and style for submission of material by any
person, agency or public corporation for publication and posting in the
state register.