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A09219 Summary:

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A09219 Committee Votes:

A09219 Floor Votes:

A09219 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9219
 
                   IN ASSEMBLY
 
                                    February 4, 2016
                                       ___________
 
        Introduced  by M. of A. ZEBROWSKI, ENGLEBRIGHT -- read once and referred
          to the Committee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          notice  of public hearings relating to the adoption of rules and regu-
          lations
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph a of subdivision 2 of section 3-0301 of the envi-
     2  ronmental  conservation law, as amended by section 44 of part D of chap-
     3  ter 60 of the laws of 2012, is amended to read as follows:
     4    a. Adopt, amend or repeal environmental standards, criteria and  those
     5  rules  and  regulations  having  the  force  and effect of standards and
     6  criteria to carry out the purposes and provisions of this act. Any  such
     7  environmental  standard, criterion, rule or regulation or change thereto
     8  shall become effective thirty days after being filed with the  Secretary
     9  of  State  for publication in the "Official Compilation of Codes, Rules,
    10  and Regulations of the State of New York" published pursuant to  section
    11  102  of  the Executive Law. This provision shall not in any way restrict
    12  the commissioner in the exercise of any function, power or  duty  trans-
    13  ferred  to  him  or her and heretofore authorized to be exercised by any
    14  other department acting through its commissioner to  promulgate,  adopt,
    15  amend  or  repeal any standards, rules and regulations. No such environ-
    16  mental standards, criterion, rule or regulation or change thereto  shall
    17  be proposed for approval unless a public hearing relating to the subject
    18  of  such  standard  shall  be held by the commissioner prior thereto not
    19  less than [30] 45 days after date of notice therefor, any  provision  of
    20  law  to  the  contrary  notwithstanding. Notice shall be given by public
    21  advertisement of the date, time, place and purpose of such hearing.
    22    § 2. Subdivision 1 of section 19-0303 of the  environmental  conserva-
    23  tion  law,  as amended by chapter 469 of the laws of 1974, is amended to
    24  read as follows:
    25    1. A code, rule or regulation or any amendment or repeal thereof shall
    26  not be adopted until after a public hearing within the area of the state
    27  concerned. Notice of such hearing  shall  be  given  at  least  [thirty]
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13686-01-6
        A. 9219                             2
 
     1  forty-five  days  prior  to  the scheduled date of the hearing by public
     2  advertisement of the date, time, place and purpose of such  hearing.  At
     3  such  hearing, opportunity to be heard by the department with respect to
     4  the  subject thereof shall be given to the public. A code, rule or regu-
     5  lation or an amendment or repeal  thereof  shall  not  become  effective
     6  until  thirty  days after certified copies thereof shall have been filed
     7  with the secretary of state. Any person heard at such hearing  shall  be
     8  given written notice of the action of the department with respect to the
     9  subject thereof.
    10    §  3.  Section 27-0705 of the environmental conservation law, as added
    11  by chapter 399 of the laws of 1973 and as renumbered by chapter  425  of
    12  the laws of 1977, is amended to read as follows:
    13  § 27-0705. Adoption of rules and regulations; public hearings.
    14    A  rule  or regulation or any amendment or repeal thereof shall not be
    15  adopted until after public hearing thereon. Notice of such hearing shall
    16  be given at least [thirty] forty-five days prior to the  scheduled  date
    17  of  the  hearing  by  public  advertisement  in  the  area  of the state
    18  concerned of the date, time, place and purpose of such hearing. At  such
    19  hearing, opportunity to be heard shall be given to the public. A rule or
    20  regulation  or an amendment or repeal thereof shall not become effective
    21  until sixty days after certified copies thereof shall  have  been  filed
    22  with the secretary of state.
    23    §  4.  Subdivision 1 of section 35-0109 of the environmental conserva-
    24  tion law is amended to read as follows:
    25    1. Notice of public hearing shall be by publication in two  newspapers
    26  most  likely to give notice to the people of this state of such hearings
    27  at least once in each of three successive weeks, provided, however, that
    28  notice of public hearing shall be given to the manufacturer or  manufac-
    29  turers of such household cleansing products in writing, whenever practi-
    30  cable  or  in  such  other  form  as in the commissioner's judgment will
    31  reasonably notify such manufacturer of said hearing. Such hearing  shall
    32  not  be  conducted less than [thirty] forty-five days following the date
    33  of first publication of notice of such hearing.
    34    § 5. Section 37-0105 of the environmental conservation law, as amended
    35  by chapter 671 of the laws of 1986, is amended to read as follows:
    36  § 37-0105. Rules and regulations.
    37    The department is hereby authorized  to  promulgate  rules  and  regu-
    38  lations  pertaining  to  the  storage  and release to the environment of
    39  substances hazardous or acutely hazardous to public  health,  safety  or
    40  the  environment.  Such  rules  and regulations may require the users of
    41  substances which may meet the criteria upon which the lists referred  to
    42  in  paragraphs (a) and (b) of subdivision one of section 37-0103 of this
    43  chapter are based to furnish to the department for the public record any
    44  information regarding such substances which the said user may have,  and
    45  the  nature and extent of research performed by said user concerning the
    46  effects of such substances on human health and the environment.    Prior
    47  to  promulgation  of  rules  and  regulations hereunder, public hearings
    48  shall be held upon notice in two newspapers  in  the  locality  of  said
    49  public hearings, at least two times per week in each of three successive
    50  weeks.  Such  hearings  shall  be  conducted not less than [thirty (30)]
    51  forty-five (45) days following the date of last publication.
    52    § 6. This act shall take effect on the thirtieth day  after  it  shall
    53  have  become a law and shall apply to any rule or regulation proposed on
    54  or after such date.