NY State Senate Bill 2009-S4939

Senate Bill S4939

2009-2010 Legislative Session

Re-establishes the state superfund management board as the state remedial program oversight board; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	reported and committed to finance
Jan 06, 2010	referred to environmental conservation
Jun 19, 2009	print number 4939a
Jun 19, 2009	amend (t) and recommit to finance
May 05, 2009	reported and committed to finance
Apr 27, 2009	referred to environmental conservation

Votes

- Feb 2, 2010 - Environmental Conservation Committee Vote
  S4939
  
  13
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Feb 2, 2010
      
      aye (13)
      
      Foley
      
      Johnson
      
      Leibell
      
      Little
      
      Marcellino
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Schneiderman
      
      Serrano
      
      Stewart-Cousins
      
      Thompson
      
      aye wr (1)
      
      Young

Bill Amendments

Original

A (Active)

2009-S4939 - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Rpld & add §27-1319, amd §27-1305, En Con L; amd §97-b, St Fin L

2009-S4939 - Summary

Re-establishes the state superfund management board as the state remedial program oversight board; provides for appointment of board members and for the functions, powers, and duties of the board.

2009-S4939 - Sponsor Memo

                                 BILL NUMBER:  S4939

 TITLE OF BILL :  An act to amend the environmental conservation law
and the state finance law, in relation to re-establishing the
existence of the state superfund management board as the state
remedial program oversight board and repealing section 27-1319 of the
environmental conservation law relating to the state superfund
management board


 SUMMARY OF SPECIFIC PROVISIONS : Adds a new section 27-1319 to the
Environmental Conservation Law, re-establishing the state superfund
management board as it was created by Chapter 857 of the Laws of 1982
and subsequent amendments thereto.

Repeals the existing section 27-1319 of the Environmental Conservation
Law that provided for the state superfund management board until its
statutory expiration on March 31st, 1999.

 PURPOSE AND JUSTIFICATION : The State superfund Management Board
consisted of fourteen members including the Commissioners or their
designees of the Departments of Environmental Conservation and Health,
and twelve at-large members appointed by the Governor, upon
recommendations by the following: two by the Temporary President of
the Senate, two by the Speaker of the Assembly, one by the Minority
Leader of the Senate, one by the Majority of the Assembly and, of the

remaining six, two representing environmental organizations, two
representing industries that generate hazardous waste in the State and
two who live within municipalities within which exist an inactive
hazardous waste site(s) and have been involved in a citizen's
organization that has the purpose relating to Chair of the Board.

The Board's primary responsibility is to monitor and evaluate the
State's implementation of the inactive hazardous waste site remedial
program, more widely known as the state "superfund" program. Based on
its review, the Board shall report to the Governor and the
Legislature, on or before January 1 of each year, its assessment of
the implementation of the superfund program, available funding and
resources, and the need for steps to assure the future availability of
funding. Also under the Environmental Quality Bond Act of 1986, if the
Board were to receive certification by the comptroller of a shortfall
of industry fees needed to retire their share of debt service on the
bonds, the Board is charged with recommending funding mechanisms to
the Legislature.

Since its inception in the early 1980s, the superfund program has
successfully cleaned up hundreds of contaminated waste sites.
Currently, the,funds for implementation of the state superfund
provided by the Environmental Quality Bond Act of 1986 are exhausted,
leaving roughly 800 hazardous waste sites statewide with little
funding for cleanup costs.

Unfortunately, the state superfund management board, whose task was to
recommend funding mechanisms for the superfund program to the
Legislature, expired statutorily in 1999 and cannot address the fiscal
crisis currently facing the Superfund program.

This bill will re-establish the state Superfund management board to
address re-financing of the state superfund program and monitor its
implementation in order to protect New Yorkers from the dangers posed
by hazardous waste sites for both current and future generations.

 PRIOR LEGISLATIVE HISTORY : A.467 (2001-02). A.5892-A (2003-04),
A.1810 (2005-06). A1141 (2007-2008).


 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :  Members of the
Board serve without compensation except necessary and actual expenses.

 EFFECTIVE DATE : Immediately.

2009-S4939 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4939

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and the state finance
  law, in relation to re-establishing the existence of the state  super-
  fund  management  board  as the state remedial program oversight board
  and repealing section 27-1319 of the  environmental  conservation  law
  relating to the state superfund management board

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 27-1319 of the environmental conservation  law  is
REPEALED and a new section 27-1319 is added to read as follows:
S 27-1319. STATE REMEDIAL PROGRAM OVERSIGHT BOARD.
  1. A. THERE IS HEREBY CREATED WITHIN THE DEPARTMENT THE "STATE REMEDI-
AL  PROGRAM OVERSIGHT BOARD", HEREINAFTER REFERRED TO AS THE BOARD. SUCH
BOARD SHALL CONSIST OF FOURTEEN MEMBERS, INCLUDING THE COMMISSIONERS  OF
ENVIRONMENTAL CONSERVATION AND HEALTH, OR THEIR DESIGNEES, AND TWELVE AT
LARGE  MEMBERS APPOINTED BY THE GOVERNOR, TWO OF WHOM SHALL BE APPOINTED
UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE AND TWO  OF
WHOM SHALL BE APPOINTED UPON RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
BLY,  ONE OF WHOM SHALL BE APPOINTED UPON RECOMMENDATION OF THE MINORITY
LEADER OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED UPON RECOMMENDA-
TION OF THE MINORITY LEADER OF THE ASSEMBLY, AND, OF THE REMAINING  SIX,
ONE  SHALL  LIVE  WITHIN  A MUNICIPALITY WITHIN WHICH EXISTS AN INACTIVE
HAZARDOUS WASTE SITE OR SITES, AS LISTED PURSUANT TO SECTION 27-1305  OF
THIS  TITLE, AND HAVE BEEN INVOLVED IN A CITIZENS' ORGANIZATION THAT HAS
A PURPOSE RELATING TO THE SITE OR SITES WITHIN  THAT  MUNICIPALITY,  ONE
SHALL  LIVE  WITHIN  AN  ENVIRONMENTAL  ZONE  AS  IDENTIFIED PURSUANT TO
SECTION 21 OF THE TAX LAW (AS ADDED BY SECTION 1 OF PART H OF CHAPTER  1
OF  THE LAWS OF 2003) AND HAVE BEEN A MEMBER OF A COMMUNITY BASED ORGAN-
IZATION AS DEFINED IN SECTION 970-R OF THE GENERAL  MUNICIPAL  LAW,  TWO
SHALL  BE REPRESENTATIVES OF ORGANIZATIONS WHOSE PRIMARY FUNCTION IS THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07350-01-9

S. 4939                             2

PROTECTION OF NATURAL RESOURCES AND  ENHANCEMENT  OF  THE  ENVIRONMENTAL
QUALITY  OF  THE  STATE,  AND TWO SHALL BE REPRESENTATIVES OF INDUSTRIES
THAT GENERATE  HAZARDOUS  WASTE  IN  THE  STATE.  NONE  OF  THE  MEMBERS
APPOINTED  BY  THE  GOVERNOR SHALL BE OFFICERS OR EMPLOYEES OF ANY STATE
DEPARTMENT OR AGENCY, AND EACH SHALL BE,  BY  PROFESSIONAL  TRAINING  OR
EXPERIENCE  AND  ATTAINMENT,  QUALIFIED TO ANALYZE AND INTERPRET MATTERS
PERTAINING TO HAZARDOUS WASTE MANAGEMENT AND THE REMEDIATION OF INACTIVE
HAZARDOUS WASTE DISPOSAL AND BROWNFIELD SITES.
  B. NO AT LARGE MEMBER OF THE BOARD MAY APPOINT A DESIGNEE TO TEMPORAR-
ILY OR PERMANENTLY ASSUME HIS OR HER PLACE ON THE BOARD.
  2. A. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION  SHALL  SERVE  AS
CHAIRPERSON  OF  THE BOARD, AND THE BOARD SHALL ELECT A VICE CHAIRPERSON
FROM AMONG THE APPOINTED MEMBERS TO PRESIDE IN THE ABSENCE OF THE CHAIR-
PERSON.
  B. OF THE TWELVE AT LARGE MEMBERS  APPOINTED  BY  THE  GOVERNOR,  EACH
SHALL  BE  REAFFIRMED  OR  REAPPOINTED ON JANUARY 31, 2009 AND EVERY TWO
YEARS THEREAFTER, AND EACH SHALL HOLD OFFICE  UNTIL  SUCH  TIME  AS  THE
BOARD SHALL CEASE TO EXIST OR UNTIL HE OR SHE SHALL RESIGN OR BE REMOVED
IN  THE MANNER PROVIDED BY LAW. ANY VACANCY ON THE BOARD SHALL BE FILLED
BY APPOINTMENT PURSUANT TO SUBDIVISION 1 OF THIS SECTION FOR  THE  UNEX-
PIRED BALANCE OF THE TERM.
  3. THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION FOR THEIR
SERVICES  AS  MEMBERS  OF  THE  BOARD, EXCEPT THAT EACH OF THEM SHALL BE
ALLOWED THE NECESSARY AND ACTUAL EXPENSES WHICH HE OR SHE SHALL INCUR IN
THE PERFORMANCE OF HIS OR HER DUTIES UNDER THIS SECTION.
  4. THE BOARD SHALL HAVE THE POWER, DUTY, AND RESPONSIBILITY TO:
  A. SERVE AS A WORKING FORUM  FOR  THE  EXCHANGE  OF  VIEWS,  CONCERNS,
IDEAS, INFORMATION, AND RECOMMENDATIONS RELATING TO THE STATE'S REMEDIAL
PROGRAMS  AS  PROVIDED  IN  THIS  TITLE AND TITLE 14 OF THIS ARTICLE AND
ARTICLE 12 OF THE NAVIGATION LAW.
  B. REQUEST AND RECEIVE FROM  THE  DEPARTMENT  AND  THE  DEPARTMENT  OF
HEALTH AT EACH MEETING OF THE BOARD ANY PORTIONS OF THE PLAN REQUIRED BY
SECTION  27-1305  OF THIS TITLE OR ANY REVISIONS, AMENDMENTS, OR CHANGES
AVAILABLE FOR REVIEW, AND ANY SUPPORTING DOCUMENTS  OR  OTHER  PERTINENT
DATA, AS WELL AS ANY PROPOSED RULES, REGULATIONS, OR GUIDANCE RELATED TO
THE STATE'S REMEDIAL PROGRAMS.  ALL INFORMATION REQUESTED BY OR PROVIDED
TO  THE  BOARD  SHALL ALSO BE PROVIDED TO THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRPERSONS OF THE  SENATE
AND ASSEMBLY ENVIRONMENTAL CONSERVATION COMMITTEES.
  C.  COMPEL THE ATTENDANCE AT EACH MEETING OF THE BOARD OF SUCH PERSON-
NEL OF THE DEPARTMENT, OR OF  OTHER  APPROPRIATE  STATE  DEPARTMENTS  OR
AGENCIES,  AS  MAY  REASONABLY  BE EXPECTED TO SUPPLY ANY PERTINENT DATA
THAT THE BOARD MAY REQUEST.
  D. MONITOR AND REVIEW  THE  IMPLEMENTATION  OF  THE  STATE'S  REMEDIAL
PROGRAMS  AS  PROVIDED  IN  THIS  TITLE AND TITLE 14 OF THIS ARTICLE AND
ARTICLE 12 OF THE NAVIGATION LAW AND THE POLICIES, PROGRAM OBJECTIVES OF
THESE PROGRAMS, METHODS, AND STRATEGIES, INCLUDING THOSE OUTLINED IN THE
INACTIVE HAZARDOUS WASTE DISPOSAL SITES REGISTRY AND THE STATE  INACTIVE
HAZARDOUS  WASTE  REMEDIAL  PLAN  AS REQUIRED BY SECTION 27-1305 OF THIS
TITLE, AS WELL AS INFORMATION WHICH THE BOARD  MAY  ACQUIRE  FROM  OTHER
SOURCES.
  E.  REVIEW  THE  HAZARDOUS  WASTE  SITE  REMEDIATION  REMAINING  TO BE
COMPLETED UNDER THE STATE INACTIVE  HAZARDOUS  WASTE  REMEDIAL  PLAN  AS
UPDATED,  THE  ESTIMATE  OF  THE  COSTS  WHICH  WOULD BE INCURRED IN THE
COMPLETION OF THIS REMEDIATION, THE SCHEDULE UNDER WHICH THE COSTS  WILL

S. 4939                             3

BE  INCURRED, AND THE REVENUES AND RESOURCES EXPECTED TO BE AVAILABLE TO
MEET THESE COSTS.
  F. REVIEW AND EVALUATE THE APPROPRIATE STATE AND INDUSTRY CONTRIBUTION
TO  THE  INACTIVE  HAZARDOUS WASTE SITE REMEDIAL PROGRAM, THE BROWNFIELD
CLEANUP PROGRAM ESTABLISHED PURSUANT TO TITLE 14 OF  THIS  ARTICLE,  AND
THE  OIL SPILL CLEANUP PROGRAM ESTABLISHED PURSUANT TO ARTICLE 12 OF THE
NAVIGATION LAW.
  G. BASED UPON ITS MONITORING, REVIEWING, AND OTHER INFORMATION  AVAIL-
ABLE  TO  IT, THE BOARD SHALL REPORT TO THE GOVERNOR AND TO THE LEGISLA-
TURE ON OR BEFORE JANUARY FIRST OF  EACH  YEAR  ITS  ASSESSMENT  OF  THE
IMPLEMENTATION  OF  THE  STATE'S  REMEDIAL  PROGRAMS AS PROVIDED IN THIS
TITLE AND TITLE 14 OF THIS ARTICLE AND ARTICLE 12 OF THE NAVIGATION LAW,
TOGETHER WITH ITS COMMENTS, SUGGESTIONS, AND  RECOMMENDATIONS  REGARDING
THE PROGRAMS, THEIR IMPLEMENTATION, AVAILABLE FUNDING AND RESOURCES, AND
THE NEED FOR STEPS TO ENSURE THE FUTURE AVAILABILITY OF FUNDING.
  5. A. THE BOARD SHALL:
  1. MEET AT LEAST QUARTERLY;
  2. KEEP A RECORD OF ALL ITS PROCEEDINGS AND PROVIDE SUCH RECORD TO THE
PUBLIC UPON REQUEST; AND
  3. DETERMINE THE RULES OF ITS OWN PROCEDURES.
  B. SEVEN MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM FOR THE TRANS-
ACTION OF ANY BUSINESS OF THE BOARD.
  6.  STAFF SERVICES, INCLUDING RECORDING OF BOARD PROCEEDINGS, SHALL BE
PERFORMED BY PERSONNEL OF THE DEPARTMENT, OR SUCH STATE  DEPARTMENTS  OR
OTHER AGENCIES AS THE CHAIRPERSON DEEMS APPROPRIATE OR DESIRABLE.
  7. FOR THE PURPOSES OF THIS SECTION, THE AT LARGE MEMBERS OF THE BOARD
SHALL  BE  CONSIDERED OFFICERS OR EMPLOYEES OF PUBLIC ENTITIES AND SHALL
BE AFFORDED SUCH DEFENSE AND INDEMNIFICATION AS IS PROVIDED PURSUANT  TO
SECTION 18 OF THE PUBLIC OFFICERS LAW.
  S  2. The opening paragraph of subdivision 3 of section 27-1305 of the
environmental conservation law, as amended by section 3  of  part  E  of
chapter 1 of the laws of 2003, is amended to read as follows:
  The  department  shall, as soon as possible but in no event later than
January first, nineteen hundred  eighty-four,  and  annually  thereafter
prepare and submit in writing a "state inactive hazardous waste remedial
plan,"  hereinafter  referred  to  as "the plan" to the state [superfund
management] REMEDIAL PROGRAM OVERSIGHT  board.  Such  board  shall  then
approve  of  the plan or make such modification as it is empowered to do
pursuant to section 27-1319 of  this  [chapter]  TITLE  and  submit  the
approved  plan  or modified plan, to the governor and the legislature on
or before March first, nineteen hundred eighty-four and annually  there-
after.  In  preparing,  compiling  and updating the plan, the department
shall:
  S 3. Subdivision 13 of section 97-b of the state finance law, as added
by chapter 512 of the laws of 1986, is amended to read as follows:
  13. Upon the receipt of a certification provided pursuant to  subdivi-
sion  twelve  of this section, the state [superfund management] REMEDIAL
PROGRAM OVERSIGHT board shall review and analyze the historical  pattern
of  revenue  received  by the industry fee transfer account and the long
term projection of future transfers from such account, and shall  report
on  or before December first of such year to the governor and the legis-
lature its recommendations, if any, as  to  the  sources  of  additional
revenues  which  could be used to supplement the revenues to be received
by such fund in order to achieve the equal sharing of debt service costs
as implemented in subdivision nine of this section.
  S 4. This act shall take effect immediately.

2009-S4939A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Rpld & add §27-1319, amd §27-1305, En Con L; amd §97-b, St Fin L

2009-S4939A (ACTIVE) - Summary

Re-establishes the state superfund management board as the state remedial program oversight board; provides for appointment of board members and for the functions, powers, and duties of the board.

2009-S4939A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4939A

 TITLE OF BILL :
An act to amend the environmental conservation law and the state
finance law, in relation to re-establishing the existence of the state
superfund management board as the state remedial program oversight
board and repealing section 27-1319 of the environmental conservation
law relating to the state superfund management board


 SUMMARY OF SPECIFIC PROVISIONS :
Adds a new section 27-1319 to the Environmental Conservation Law,
re-establishing the state superfund management board as it was created
by Chapter 857 of the Laws of 1982 and subsequent amendments thereto.

Repeals the existing section 27-1319 of the Environmental Conservation
Law that provided for the state superfund management board until its
statutory expiration on March 31st, 1999.

 PURPOSE AND JUSTIFICATION :
The State superfund Management Board consisted of fourteen members
including the Commissioners or their designees of the Departments of
Environmental Conservation and Health, and twelve at-large members
appointed by the Governor, upon recommendations by the following: two
by the Temporary President of the Senate, two by the Speaker of the
Assembly, one by the Minority Leader of the Senate, one by the

Majority of the Assembly and, of the remaining six, two representing
environmental organizations, two representing industries that generate
hazardous waste in the State and two who live within municipalities
within which exist an inactive hazardous waste site(s) and have been
involved in a citizen's organization that has the purpose relating to
Chair of the Board.

The Board's primary responsibility is to monitor and evaluate the
State's implementation of the inactive hazardous waste site remedial
program, more widely known as the state "superfund" program. Based on
its review, the Board shall report to the Governor and the
Legislature, on or before January 1 of each year, its assessment of
the implementation of the superfund program, available funding and
resources, and the need for steps to assure the future availability of
funding. Also under the Environmental Quality Bond Act of 1986, if the
Board were to receive certification by the comptroller of a shortfall
of industry fees needed to retire their share of debt service on the
bonds, the Board is charged with recommending funding mechanisms to
the Legislature.

Since its inception in the early 1980s, the superfund program has
successfully cleaned up hundreds of contaminated waste sites.
Currently, the,funds for implementation of the state superfund
provided by the Environmental Quality Bond Act of 1986 are exhausted,
leaving roughly 800 hazardous waste sites statewide with little
funding for cleanup costs.

Unfortunately, the state superfund management board, whose task was to
recommend funding mechanisms for the superfund program to the
Legislature, expired statutorily in 1999 and cannot address the fiscal
crisis currently facing the Superfund program.

This bill will re-establish the state Superfund management board to
address re-financing of the state superfund program and monitor its
implementation in order to protect New Yorkers from the dangers posed
by hazardous waste sites for both current and future generations.

 PRIOR LEGISLATIVE HISTORY :
A.467 (2001-02). A.5892-A (2003-04), A.1810 (2005-06). A1141
(2007-2008).
 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :
Members of the Board serve without compensation except necessary and
actual expenses.

 EFFECTIVE DATE :
Immediately.

2009-S4939A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4939--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee and committed to the Commit-
  tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the environmental conservation law and the state finance
  law,  in relation to re-establishing the existence of the state super-
  fund management board as the state remedial  program  oversight  board
  and  repealing  section  27-1319 of the environmental conservation law
  relating to the state superfund management board;  and  providing  for
  the repeal of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 27-1319 of the environmental conservation  law  is
REPEALED and a new section 27-1319 is added to read as follows:
S 27-1319. STATE REMEDIAL PROGRAM OVERSIGHT BOARD.
  1. A. THERE IS HEREBY CREATED WITHIN THE DEPARTMENT THE "STATE REMEDI-
AL  PROGRAM OVERSIGHT BOARD", HEREINAFTER REFERRED TO AS THE BOARD. SUCH
BOARD SHALL CONSIST OF FOURTEEN MEMBERS, INCLUDING THE COMMISSIONERS  OF
ENVIRONMENTAL CONSERVATION AND HEALTH, OR THEIR DESIGNEES, AND TWELVE AT
LARGE  MEMBERS APPOINTED BY THE GOVERNOR, TWO OF WHOM SHALL BE APPOINTED
UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE AND TWO  OF
WHOM SHALL BE APPOINTED UPON RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
BLY,  ONE OF WHOM SHALL BE APPOINTED UPON RECOMMENDATION OF THE MINORITY
LEADER OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED UPON RECOMMENDA-
TION OF THE MINORITY LEADER OF THE ASSEMBLY, AND, OF THE REMAINING  SIX,
ONE  SHALL  LIVE  WITHIN  A MUNICIPALITY WITHIN WHICH EXISTS AN INACTIVE
HAZARDOUS WASTE SITE OR SITES, AS LISTED PURSUANT TO SECTION 27-1305  OF
THIS  TITLE, AND HAVE BEEN INVOLVED IN A CITIZENS' ORGANIZATION THAT HAS
A PURPOSE RELATING TO THE SITE OR SITES WITHIN  THAT  MUNICIPALITY,  ONE
SHALL  LIVE  WITHIN  AN  ENVIRONMENTAL  ZONE  AS  IDENTIFIED PURSUANT TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07350-03-9

S. 4939--A                          2

SECTION 21 OF THE TAX LAW (AS ADDED BY SECTION 1 OF PART H OF CHAPTER  1
OF  THE LAWS OF 2003) AND HAVE BEEN A MEMBER OF A COMMUNITY BASED ORGAN-
IZATION AS DEFINED IN SECTION 970-R OF THE GENERAL  MUNICIPAL  LAW,  TWO
SHALL  BE REPRESENTATIVES OF ORGANIZATIONS WHOSE PRIMARY FUNCTION IS THE
PROTECTION OF NATURAL RESOURCES AND  ENHANCEMENT  OF  THE  ENVIRONMENTAL
QUALITY  OF  THE  STATE,  AND TWO SHALL BE REPRESENTATIVES OF INDUSTRIES
THAT GENERATE  HAZARDOUS  WASTE  IN  THE  STATE.  NONE  OF  THE  MEMBERS
APPOINTED  BY  THE  GOVERNOR SHALL BE OFFICERS OR EMPLOYEES OF ANY STATE
DEPARTMENT OR AGENCY, AND EACH SHALL BE,  BY  PROFESSIONAL  TRAINING  OR
EXPERIENCE  AND  ATTAINMENT,  QUALIFIED TO ANALYZE AND INTERPRET MATTERS
PERTAINING TO HAZARDOUS WASTE MANAGEMENT AND THE REMEDIATION OF INACTIVE
HAZARDOUS WASTE DISPOSAL AND BROWNFIELD SITES.
  B. NO AT LARGE MEMBER OF THE BOARD MAY APPOINT A DESIGNEE TO TEMPORAR-
ILY OR PERMANENTLY ASSUME HIS OR HER PLACE ON THE BOARD.
  2. A. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION  SHALL  SERVE  AS
CHAIRPERSON  OF  THE BOARD, AND THE BOARD SHALL ELECT A VICE CHAIRPERSON
FROM AMONG THE APPOINTED MEMBERS TO PRESIDE IN THE ABSENCE OF THE CHAIR-
PERSON.
  B. OF THE TWELVE AT LARGE MEMBERS  APPOINTED  BY  THE  GOVERNOR,  EACH
SHALL  BE  REAFFIRMED  OR  REAPPOINTED ON JANUARY 31, 2009 AND EVERY TWO
YEARS THEREAFTER, AND EACH SHALL HOLD OFFICE  UNTIL  SUCH  TIME  AS  THE
BOARD SHALL CEASE TO EXIST OR UNTIL HE OR SHE SHALL RESIGN OR BE REMOVED
IN  THE MANNER PROVIDED BY LAW. ANY VACANCY ON THE BOARD SHALL BE FILLED
BY APPOINTMENT PURSUANT TO SUBDIVISION 1 OF THIS SECTION FOR  THE  UNEX-
PIRED BALANCE OF THE TERM.
  3. THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION FOR THEIR
SERVICES  AS  MEMBERS  OF  THE  BOARD, EXCEPT THAT EACH OF THEM SHALL BE
ALLOWED THE NECESSARY AND ACTUAL EXPENSES WHICH HE OR SHE SHALL INCUR IN
THE PERFORMANCE OF HIS OR HER DUTIES UNDER THIS SECTION.
  4. THE BOARD SHALL HAVE THE POWER, DUTY, AND RESPONSIBILITY TO:
  A. SERVE AS A WORKING FORUM  FOR  THE  EXCHANGE  OF  VIEWS,  CONCERNS,
IDEAS, INFORMATION, AND RECOMMENDATIONS RELATING TO THE STATE'S REMEDIAL
PROGRAMS  AS  PROVIDED  IN  THIS  TITLE AND TITLE 14 OF THIS ARTICLE AND
ARTICLE 12 OF THE NAVIGATION LAW.
  B. REQUEST AND RECEIVE FROM  THE  DEPARTMENT  AND  THE  DEPARTMENT  OF
HEALTH AT EACH MEETING OF THE BOARD ANY PORTIONS OF THE PLAN REQUIRED BY
SECTION  27-1305  OF THIS TITLE OR ANY REVISIONS, AMENDMENTS, OR CHANGES
AVAILABLE FOR REVIEW, AND ANY SUPPORTING DOCUMENTS  OR  OTHER  PERTINENT
DATA, AS WELL AS ANY PROPOSED RULES, REGULATIONS, OR GUIDANCE RELATED TO
THE STATE'S REMEDIAL PROGRAMS.  ALL INFORMATION REQUESTED BY OR PROVIDED
TO  THE  BOARD  SHALL ALSO BE PROVIDED TO THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRPERSONS OF THE  SENATE
AND ASSEMBLY ENVIRONMENTAL CONSERVATION COMMITTEES.
  C.  COMPEL THE ATTENDANCE AT EACH MEETING OF THE BOARD OF SUCH PERSON-
NEL OF THE DEPARTMENT, OR OF  OTHER  APPROPRIATE  STATE  DEPARTMENTS  OR
AGENCIES,  AS  MAY  REASONABLY  BE EXPECTED TO SUPPLY ANY PERTINENT DATA
THAT THE BOARD MAY REQUEST.
  D. MONITOR AND REVIEW  THE  IMPLEMENTATION  OF  THE  STATE'S  REMEDIAL
PROGRAMS  AS  PROVIDED  IN  THIS  TITLE AND TITLE 14 OF THIS ARTICLE AND
ARTICLE 12 OF THE NAVIGATION LAW AND THE POLICIES, PROGRAM OBJECTIVES OF
THESE PROGRAMS, METHODS, AND STRATEGIES, INCLUDING THOSE OUTLINED IN THE
INACTIVE HAZARDOUS WASTE DISPOSAL SITES REGISTRY AND THE STATE  INACTIVE
HAZARDOUS  WASTE  REMEDIAL  PLAN  AS REQUIRED BY SECTION 27-1305 OF THIS
TITLE, AS WELL AS INFORMATION WHICH THE BOARD  MAY  ACQUIRE  FROM  OTHER
SOURCES.

S. 4939--A                          3

  E.  REVIEW  THE  HAZARDOUS  WASTE  SITE  REMEDIATION  REMAINING  TO BE
COMPLETED UNDER THE STATE INACTIVE  HAZARDOUS  WASTE  REMEDIAL  PLAN  AS
UPDATED,  THE  ESTIMATE  OF  THE  COSTS  WHICH  WOULD BE INCURRED IN THE
COMPLETION OF THIS REMEDIATION, THE SCHEDULE UNDER WHICH THE COSTS  WILL
BE  INCURRED, AND THE REVENUES AND RESOURCES EXPECTED TO BE AVAILABLE TO
MEET THESE COSTS.
  F. REVIEW AND EVALUATE THE APPROPRIATE STATE AND INDUSTRY CONTRIBUTION
TO THE INACTIVE HAZARDOUS WASTE SITE REMEDIAL  PROGRAM,  THE  BROWNFIELD
CLEANUP  PROGRAM  ESTABLISHED  PURSUANT TO TITLE 14 OF THIS ARTICLE, AND
THE OIL SPILL CLEANUP PROGRAM ESTABLISHED PURSUANT TO ARTICLE 12 OF  THE
NAVIGATION LAW.
  G.  BASED UPON ITS MONITORING, REVIEWING, AND OTHER INFORMATION AVAIL-
ABLE TO IT, THE BOARD SHALL REPORT TO THE GOVERNOR AND TO  THE  LEGISLA-
TURE  ON  OR  BEFORE  JANUARY  FIRST  OF EACH YEAR ITS ASSESSMENT OF THE
IMPLEMENTATION OF THE STATE'S REMEDIAL  PROGRAMS  AS  PROVIDED  IN  THIS
TITLE AND TITLE 14 OF THIS ARTICLE AND ARTICLE 12 OF THE NAVIGATION LAW,
TOGETHER  WITH  ITS COMMENTS, SUGGESTIONS, AND RECOMMENDATIONS REGARDING
THE PROGRAMS, THEIR IMPLEMENTATION, AVAILABLE FUNDING AND RESOURCES, AND
THE NEED FOR STEPS TO ENSURE THE FUTURE AVAILABILITY OF FUNDING.
  5. A. THE BOARD SHALL:
  1. MEET AT LEAST QUARTERLY;
  2. KEEP A RECORD OF ALL ITS PROCEEDINGS AND PROVIDE SUCH RECORD TO THE
PUBLIC UPON REQUEST; AND
  3. DETERMINE THE RULES OF ITS OWN PROCEDURES.
  B. SEVEN MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM FOR THE TRANS-
ACTION OF ANY BUSINESS OF THE BOARD.
  6. STAFF SERVICES, INCLUDING RECORDING OF BOARD PROCEEDINGS, SHALL  BE
PERFORMED  BY  PERSONNEL OF THE DEPARTMENT, OR SUCH STATE DEPARTMENTS OR
OTHER AGENCIES AS THE CHAIRPERSON DEEMS APPROPRIATE OR DESIRABLE.
  7. FOR THE PURPOSES OF THIS SECTION, THE AT LARGE MEMBERS OF THE BOARD
SHALL BE CONSIDERED OFFICERS OR EMPLOYEES OF PUBLIC ENTITIES  AND  SHALL
BE  AFFORDED SUCH DEFENSE AND INDEMNIFICATION AS IS PROVIDED PURSUANT TO
SECTION 18 OF THE PUBLIC OFFICERS LAW.
  S 2. The opening paragraph of subdivision 3 of section 27-1305 of  the
environmental  conservation  law,  as  amended by section 3 of part E of
chapter 1 of the laws of 2003, is amended to read as follows:
  The department shall, as soon as possible but in no event  later  than
January  first,  nineteen  hundred  eighty-four, and annually thereafter
prepare and submit in writing a "state inactive hazardous waste remedial
plan," hereinafter referred to as "the plan"  to  the  state  [superfund
management]  REMEDIAL  PROGRAM  OVERSIGHT  board.  Such board shall then
approve of the plan or make such modification as it is empowered  to  do
pursuant  to  section  27-1319  of  this  [chapter] TITLE and submit the
approved plan or modified plan, to the governor and the  legislature  on
or  before March first, nineteen hundred eighty-four and annually there-
after. In preparing, compiling and updating  the  plan,  the  department
shall:
  S 3. Subdivision 13 of section 97-b of the state finance law, as added
by chapter 512 of the laws of 1986, is amended to read as follows:
  13.  Upon the receipt of a certification provided pursuant to subdivi-
sion twelve of this section, the state [superfund  management]  REMEDIAL
PROGRAM  OVERSIGHT board shall review and analyze the historical pattern
of revenue received by the industry fee transfer account  and  the  long
term  projection of future transfers from such account, and shall report
on or before December first of such year to the governor and the  legis-
lature  its  recommendations,  if  any,  as to the sources of additional

S. 4939--A                          4

revenues which could be used to supplement the revenues to  be  received
by such fund in order to achieve the equal sharing of debt service costs
as implemented in subdivision nine of this section.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed June 1, 2019.

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