A bill (A610 / S2220) has been signed by Gov. Hochul and chaptered.

The bill prohibits agencies from charging a fee for records where an electronic copy is already available from a previous request made within the past six months except for the actual cost of a storage device or media if provided to the requester.

The following is from the bill memo.

SUMMARY OF PROVISIONS:
 
Section one of this bill would clarify that charging a fee for requests
under Article 6 of the Public Officers Law, constituting the Freedom of
Information Law (FOIL), shall be prohibited when an electronic copy for
such record already exists for the same request made within the previous
six months, except when a different fee is otherwise prescribed by stat-
ute or if the reproduction of such record is in the form of a storage
device, in which case the actual cost of that device or media may be
charged.

JUSTIFICATION:
 
In cases where a public record has been previously requested and exists
in the form of an electronic copy, the agency that furnished the record
can provide an electronic copy of that record upon subsequent request at
no additional cost to the agency. In those circumstances, agencies
should not be able to charge a fee for the original time taken to
produce the record. They may charge for the storage device or media
provided to comply with the request. This bill seeks to clarify such
changes made pursuant to Chapter 745 of the Laws of 2022.