§ 202-e. Guidance documents; availability to public. 1. Not less than
once each year, every agency shall submit to the secretary of state for
publication in the state register a list of all guidance documents on
which the agency currently relies, and provide information on where and
how regulated parties and members of the public may inspect and obtain
copies of any such document; provided, however, that the department of
environmental conservation shall be exempt from the requirements of this
subdivision. Unless otherwise provided for by law, an agency may make
such documents available as provided in the freedom of information law,
and may charge fees pursuant to such law for copies of any such
document.

2. The secretary of state may exempt an agency from compliance with
the requirements of subdivision one of this section upon a determination
that the agency has published on its website the full text of all
guidance documents on which it currently relies. The secretary of state
shall publish a notice of such determination identifying the website in
the state register.

3. Nothing in this section shall be construed as authorizing or
requiring the publication of any guidance document where such
publication is prohibited or limited by law.

4. Not less than once every five years, every agency shall conduct a
process for reviewing and updating all guidance documents on which it
currently relies. In conducting such process, the agency shall obtain
feedback from regulated parties and members of the public who are
directly or indirectly affected by the guidelines.

5. The secretary of state may adopt regulations to implement the
provisions of this section.