Relates to the maximum allowable time frames to respond to requests for records under the freedom of information act.
Summary
A03425 amends New York’s Freedom of Information Law (FOIL) to impose firmer deadlines for agencies that decide to grant a records request in whole or in part. Under the bill, agencies would have to provide the requested records within set outer limits that phase in over time: 180 days for requests made before January 1, 2027, 90 days for requests made during 2027, and 60 days for requests made on or after January 1, 2028. The bill also requires agencies that cannot meet the deadline to explain why, describe what steps are being taken, and send monthly progress updates to the requester.
The bill preserves existing FOIL procedures for acknowledging requests within five business days and for giving a reasonable estimated completion date, but it adds a new statutory ceiling on how long agencies may take to actually produce records once a request is approved. It also requires agencies to notify the Committee on Open Government when they cannot meet the timeframe, and the notice must be signed by the agency commissioner. The bill takes effect January 1, 2026.
Impact
The bill would amend section 89 of the Public Officers Law, which governs FOIL response procedures, by adding a new subdivision 3-a and tightening the maximum time agencies may take to disclose records after deciding to grant a request. It would affect state agencies and other entities subject to FOIL by creating enforceable production deadlines, new reporting obligations, and a phased implementation schedule. The bill also reinforces electronic request handling and online submission requirements already in FOIL, while leaving existing exemptions, redaction rules, and fee provisions in place.
Sentiment
The available voting history shows strong support and no recorded opposition in committee, with unanimous favorable votes in both the Assembly Ways and Means Committee and the Assembly Rules Committee. That suggests the bill was viewed positively as a government transparency and efficiency measure. No committee transcript is available here, so the broader debate is not documented in the provided materials.
Contention
The main potential point of contention is the bill’s effect on agency workload and compliance capacity, since it imposes hard deadlines even where records are voluminous or difficult to review. The bill addresses some of those concerns by allowing delayed production when federal law, safety concerns, or extreme volume prevent timely disclosure, but agencies would still need to provide detailed written explanations and monthly updates. Supporters are likely to emphasize faster public access and accountability, while agencies or administrative stakeholders may be concerned about staffing, review burdens, and the practical ability to meet the new timelines.
Permits assessment of certain fees and costs upon wrongful denial of access to records under the freedom of information law when either the person has substantially prevailed, or if the agency failed to respond within the statutory time.
Requires all agencies to submit to the committee on open government a log of all freedom of information law requests for each year in which they received or have pending a request for records; requires the committee on open government to publish, on one webpage, all freedom of information law request logs it receives.
Requires agencies subject to FOIL requirements to promulgate rules and regulations regarding to whom a requestor may appeal a denial and how to request records from or appeal a denial; makes certain provisions relating to publication of contact information for FOIL requests and appeals.