Senate Bill S862

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

                                   862

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the environmental conservation  law  and  the  executive
  law,  in  relation  to  establishing  the New York state public health
  protection act

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

  Section  1.  This act shall be known and may be cited as the "New York
state public health protection act".
  S 2. Legislative findings  and  declaration.  The  legislature  hereby
finds and declares that:
  (a) Every New Yorker has an equal right to a healthy and safe environ-
ment.  This requires that our air, water, earth, and food be of a suffi-
ciently high quality that individuals and communities can live  healthy,
fulfilling,  and  dignified  lives.  The  duty  to  enhance, protect and
preserve New York's environment and the health of its citizens rests  on
the  shoulders  of  government, residents, citizen groups and businesses
alike.
  (b) As New York moves into the twenty-first century, the state  should
be a leader in the development of policies that will create and maintain
a  healthy  environment  and  vibrant economy. Heeding early warnings of
harm, putting safety and prevention first, encouraging  innovation,  and
creating   and  choosing  the  safest,  most  sustainable  technologies,
products and practices will help to ensure a higher quality of life  for
present  and future generations. It will also put New York in an econom-
ically advantageous  position  to  compete  in  an  increasingly  global
marketplace.
  (c)  New  York  looks  forward  to  the time when the state's power is
generated from renewable and clean sources;  when  our  homes,  schools,
businesses   and   government   facilities   are  energy  efficient  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02942-01-9
              

S. 862                              2

constructed, refurbished and maintained with safe and sustainable  tech-
nologies  and products; when pollution prevention is embraced by govern-
ment and businesses as a way to save money and protect public health and
the  environment;  when government and citizens use energy efficient and
clean vehicles; when pests are controlled with nontoxic or  least  toxic
alternatives;  when our production of waste is significantly reduced and
the rest is recycled; and when our homes, schools, workplaces, food, air
and water are free from toxic  contaminants.  Adopting  a  precautionary
approach  to  decision-making  will  help New York attain these goals as
laws and policies are evaluated in areas such as  energy,  construction,
education,   new  technologies,  economic  development,  small  business
assistance, transportation, land use, planning, recreation,  purchasing,
contracting, public investment, health care, and the environment.
  (d) Transforming our society to realize these goals will take a behav-
ioral  as  well  as technological revolution, which is already underway.
Adopting a precautionary approach to decision-making will help New  York
speed  this  process of change by moving beyond finding cures for costly
environmental ills to preventing those ills before they can do harm.
  (e) The central tenet of a precautionary approach  to  decision-making
is  that  government,  businesses  and society as a whole have a duty to
prevent harm to public health or the environment where credible evidence
exists that harm is occurring or is likely to occur, even when the exact
nature and full magnitude of harm is not yet proven. Precautionary deci-
sion-making places the highest priority on protecting public health  and
the  environment. It involves the careful assessment of a broad range of
options using the best available science and selecting  the  safest  and
most sustainable feasible solution.
  (f)  Precautionary decision-making also involves active public partic-
ipation because, locally or internationally, the public bears the health
and ecological consequences of  technological  and  environmental  deci-
sions.  Early,  meaningful  and  effective public participation enriches
government decision-making by allowing  a  diversity  of  interests  and
perspectives  to be heard and considered. Citizens are equal partners in
making the decisions that will affect their health and environment.
  (g) Historically, environmentally harmful activities  have  only  been
stopped  after they have manifested extreme environmental degradation or
exposed people to harm. In the case of  DDT,  lead,  and  asbestos,  for
instance,  regulatory  action took place only after disaster and disease
had struck. The delay between first knowledge of  harm  and  appropriate
action  to  deal  with  it  can  be measured in a lower quality of life,
numerous injuries and disabilities, tremendous costs for health care and
remediation, and the loss of many human lives. Some of the diseases  and
negative  health  effects  linked  to  environmental  pollution  include
cancer, asthma, reproductive  disorders,  birth  defects,  developmental
disorders,   neurological   disorders,   autoimmune   diseases,  hormone
disruption, DNA damage and genetic mutations, and cellular malfunction.
  (h) Science and technology are creating new solutions  to  prevent  or
mitigate  environmental  problems. However, science is also creating new
compounds and chemicals that are finding their way into our  bodies  and
causing negative impacts on our health and environment. Taking a precau-
tionary  approach will help to promote environmentally healthy solutions
while weeding out the negative and often unintended consequences of  new
technologies.  Government  and businesses have a responsibility to study
the potential for harm from a new technology, practice, product or chem-
ical before it is used, rather than assume it is harmless  until  proven
otherwise.

S. 862                              3

  S  3.  Section 1-0101 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
  4.  IT  SHALL FURTHER BE THE POLICY OF THE STATE THAT WHERE THREATS OF
HARM TO HUMAN HEALTH OR THE ENVIRONMENT EXIST, LACK OF  FULL  SCIENTIFIC
CERTAINTY  ABOUT  CAUSE  AND  EFFECT  SHALL  NOT BE VIEWED AS SUFFICIENT
REASON FOR STATE OR LOCAL GOVERNMENT TO POSTPONE PRECAUTIONARY  MEASURES
TO PROTECT PUBLIC HEALTH OR THE ENVIRONMENT.
  S 4. The executive law is amended by adding a new article 49-C to read
as follows:

                              ARTICLE 49-C
                   NEW YORK STATE PRECAUTIONARY POLICY

SECTION 996.   PRECAUTIONARY POLICY.
        996-A. DEFINITIONS.
        996-B. PRECAUTIONARY CRITERIA.
        996-C. PRECAUTIONARY POLICY PLANNING COUNCIL.

  S 996. PRECAUTIONARY POLICY. IT IS HEREBY DECLARED TO BE THE POLICY OF
THE  STATE OF NEW YORK THAT WHERE THREATS OF HARM TO HUMAN HEALTH OR THE
ENVIRONMENT EXIST, LACK OF FULL SCIENTIFIC  CERTAINTY  ABOUT  CAUSE  AND
EFFECT  SHALL  NOT  BE  VIEWED  AS  SUFFICIENT REASON FOR STATE OR LOCAL
GOVERNMENT TO POSTPONE PRECAUTIONARY MEASURES TO PROTECT  PUBLIC  HEALTH
OR THE ENVIRONMENT.
  S  996-A.  DEFINITIONS. WHEN USED IN THIS ARTICLE, THE FOLLOWING WORDS
AND TERMS SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION:
  1. "STATE AGENCY" MEANS ANY STATE DEPARTMENT,  AGENCY,  BOARD,  PUBLIC
BENEFIT CORPORATION, PUBLIC AUTHORITY OR COMMISSION.
  2.  "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT, COMMISSION
OR GOVERNING BODY, INCLUDING  ANY  CITY,  COUNTY,  AND  OTHER  POLITICAL
SUBDIVISION OF THE STATE.
  3. "AGENCY" MEANS ANY STATE OR LOCAL AGENCY.
  4. (A) "ACTIONS" SHALL MEAN (I) PROJECTS OR ACTIVITIES DIRECTLY UNDER-
TAKEN BY AN AGENCY; OR PROJECTS OR ACTIVITIES SUPPORTED IN WHOLE OR PART
THROUGH  CONTRACTS,  GRANTS, SUBSIDIES, LOANS, OR OTHER FORMS OF FUNDING
ASSISTANCE FROM ONE OR MORE AGENCIES; OR PROJECTS OR ACTIVITIES  INVOLV-
ING THE ISSUANCE TO A PERSON OF A LEASE, PERMIT, LICENSE, CERTIFICATE OR
OTHER  ENTITLEMENT FOR USE OR PERMISSION TO ACT BY ONE OR MORE AGENCIES;
AND (II) POLICY, REGULATIONS, AND PROCEDURE-MAKING.
  (B) THE TERM "ACTIONS" SHALL NOT INCLUDE (I)  ENFORCEMENT  PROCEEDINGS
OR  THE  EXERCISE  OF PROSECUTORIAL DISCRETION IN DETERMINING WHETHER OR
NOT TO INSTITUTE SUCH PROCEEDINGS; AND (II) OFFICIAL ACTS OF A MINISTER-
IAL NATURE, INVOLVING NO EXERCISE OF DISCRETION.
  5. "HARM" SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGE  TO  INDIVIDUAL
HUMANS OR OTHER ORGANISMS OR COMMUNITIES OR POPULATIONS OF SUCH INDIVID-
UALS  THAT  MAY  BE  MANIFEST  AS  ACUTE TOXICITY; CANCER; ASTHMA; BIRTH
DEFECTS; FAILURE TO  REPRODUCE  NORMALLY;  DEVELOPMENTAL  ABNORMALITIES;
AUTOIMMUNE DISEASE, NEUROLOGICAL DISORDERS, OR IMMUNE AND NERVOUS SYSTEM
ALTERATIONS;  BEHAVIORAL  CHANGES;  DNA  DAMAGE  OR  GENETIC  MUTATIONS;
DISRUPTION  OF   BIOLOGICAL   SIGNALING   SYSTEMS,   INCLUDING   HORMONE
DISRUPTION;  OR  OTHER  MANIFESTATIONS  OF DAMAGE TO BIOLOGICAL SYSTEMS,
INCLUDING CELLULAR MALFUNCTION, THAT RESULT  IN  DISEASE  OR  SUBOPTIMAL
FUNCTIONING.  HARM TO HUMAN HEALTH OR THE ENVIRONMENT SHALL INCLUDE, BUT
NOT BE LIMITED TO, HARM TO  CHILDREN,  WORKERS,  SENSITIVE  POPULATIONS,
FUTURE  GENERATIONS,  ECOLOGICAL SYSTEMS, FISH, WILDLIFE, AND ENDANGERED
SPECIES.

S. 862                              4

  6. "CREDIBLE EVIDENCE OF A THREAT OF HARM TO HUMAN HEALTH OR THE ENVI-
RONMENT" SHALL INCLUDE, BUT NOT BE LIMITED  TO:  WELL-ESTABLISHED  INDE-
PENDENT  SCIENTIFIC  EVIDENCE  OF  HARM; EMERGING SCIENTIFIC EVIDENCE OF
HARM; VERIFIABLE EVIDENCE OF ALTERED FUNCTIONING OF  EXPOSED  ORGANISMS,
INCLUDING DAMAGE TO DNA AND BIOLOGICAL SYSTEMS AND CELLULAR MALFUNCTION;
RESULTS OF COMPREHENSIVE OR PARTIAL TESTING AND CONTROLLED OBSERVATIONS,
INCLUDING ANIMAL STUDIES; OBSERVATIONS FROM FORMAL MONITORING; EPIDEMIO-
LOGICAL  EVIDENCE; HEALTH SURVEYS OR VERIFIABLE OBSERVATIONS BY WORKERS,
COMMUNITY RESIDENTS, EXPOSED POPULATIONS, AND MEDICAL PERSONNEL; VERIFI-
ABLE EVIDENCE OF PERSISTENCE OR BIOACCUMULATION IN HUMANS OR  THE  ENVI-
RONMENT;   EXTRAPOLATION   FROM  EXISTING,  WELL-ESTABLISHED  SCIENTIFIC
EVIDENCE ON EXISTING SUBSTANCES TO NEW SUBSTANCES  WITH  SIMILAR  STRUC-
TURES  AND  PHYSICO-CHEMICAL  PROPERTIES; AND PREDICTIVE MODELS BASED ON
EMPIRICAL DATA.
  S 996-B. PRECAUTIONARY CRITERIA. 1. THE FOLLOWING CRITERIA SHALL GUIDE
IMPLEMENTATION OF THE PRECAUTIONARY POLICY ESTABLISHED IN  SECTION  NINE
HUNDRED NINETY-SIX OF THIS ARTICLE:
  (A)  ANTICIPATORY  ACTION. THERE IS A DUTY TO TAKE ANTICIPATORY ACTION
TO PREVENT HARM WHERE CREDIBLE EVIDENCE OF A THREAT  OF  HARM  TO  HUMAN
HEALTH  OR  THE  ENVIRONMENT EXISTS, EVEN WHEN THE EXACT NATURE AND FULL
MAGNITUDE OF HARM IS NOT YET PROVEN. ANY GAPS IN SCIENTIFIC DATA  UNCOV-
ERED  BY  THE EXAMINATION OF CURRENT OR PROPOSED TECHNOLOGIES, PRODUCTS,
PRACTICES, OR CHEMICALS AND THEIR ALTERNATIVES SHALL PROVIDE A GUIDEPOST
FOR FUTURE RESEARCH, BUT SHALL NOT PREVENT PROTECTIVE ACTION FROM  BEING
TAKEN  BY  STATE  AND/OR LOCAL GOVERNMENT. AS NEW SCIENTIFIC DATA BECOME
AVAILABLE, STATE AND LOCAL GOVERNMENT SHALL REVIEW  DECISIONS  AND  MAKE
ADJUSTMENTS WHEN WARRANTED.
  (B)  RIGHT  TO KNOW. PEOPLE HAVE A RIGHT TO KNOW COMPLETE AND ACCURATE
INFORMATION ON THE POTENTIAL  HUMAN  HEALTH  AND  ENVIRONMENTAL  IMPACTS
ASSOCIATED  WITH  ANY OPERATION OR PLAN BEFORE IT IS IMPLEMENTED, OR THE
SELECTION AND/OR USE OF ANY TECHNOLOGY, PRODUCT,  PRACTICE  OR  CHEMICAL
BEFORE  IT  IS  INTRODUCED  INTO THE PUBLIC DOMAIN. THE BURDEN TO SUPPLY
THIS INFORMATION LIES WITH THE PROPONENT OR MANUFACTURER, NOT  WITH  THE
GENERAL PUBLIC.
  (C)  ALTERNATIVES ASSESSMENT. AN OBLIGATION EXISTS TO THOROUGHLY EXAM-
INE A FULL RANGE OF ALTERNATIVES AND SELECT THE SAFEST AND MOST SUSTAIN-
ABLE FEASIBLE SOLUTION. ALTERNATIVES ASSESSMENT SHALL INVOLVE THE  CARE-
FUL  ANALYSIS  OF  A  BROAD  RANGE  OF  OPTIONS USING THE BEST AVAILABLE
SCIENCE, INCLUDING THE ALTERNATIVE OF  DOING  NOTHING.  SUCH  ASSESSMENT
SHALL  INCLUDE,  BUT NOT BE LIMITED TO, THE EVALUATION OF SHORT-TERM AND
LONG-TERM EFFECTS AND COSTS; THE COMPARISON OF  ADVERSE  OR  POTENTIALLY
ADVERSE  EFFECTS; AND ESTIMATION OF THE DEGREE OF UNCERTAINTY ASSOCIATED
WITH SUCH EFFECTS AND COSTS.
  (D) FULL-COST ACCOUNTING. WHEN EVALUATING CURRENT  OR  PROPOSED  OPER-
ATIONS, PLANS, TECHNOLOGIES, PRODUCTS, PRACTICES, OR CHEMICALS AND THEIR
ALTERNATIVES,  A  DUTY  EXISTS  TO CONSIDER ALL THE COSTS, INCLUDING RAW
MATERIALS, PRODUCTION, MANUFACTURING, TRANSPORTATION, DISTRIBUTION, USE,
OPERATION, MAINTENANCE, DISPOSAL, CLEANUP AND HEALTH  AND  ENVIRONMENTAL
COSTS,  INCLUDING  THE COST OF IMPAIRING CHILDREN'S HEALTH, EVEN IF SUCH
COSTS ARE NOT REFLECTED IN THE INITIAL PRICE. SHORT- AND LONG-TERM  TIME
THRESHOLDS SHALL BE CONSIDERED WHEN MAKING DECISIONS.
  (E)  PARTICIPATORY  DECISION PROCESS. PUBLIC PARTICIPATION AND AN OPEN
AND TRANSPARENT DECISION-MAKING PROCESS ARE CRITICAL TO FINDING,  EVALU-
ATING  AND  SELECTING  ALTERNATIVES.  DECISIONS APPLYING A PRECAUTIONARY
APPROACH SHALL BE TRANSPARENT, PARTICIPATORY, AND INFORMED BY  THE  BEST
AVAILABLE  INFORMATION.  PRECAUTIONARY DECISIONS SHALL PLACE THE HIGHEST

S. 862                              5

PRIORITY ON PROTECTING PUBLIC HEALTH AND THE ENVIRONMENT, WITH THE HIGH-
EST REGARD FOR THOSE WHOSE HEALTH MAY BE AFFECTED.
  2.  ALL  AGENCIES  SHALL  USE  ALL  PRACTICABLE MEANS TO IMPLEMENT THE
PRECAUTIONARY POLICY AND SHALL  ADOPT  AN  APPROACH  TO  DECISION-MAKING
CONSISTENT  WITH  THE  CRITERIA  SPECIFIED  IN  SUBDIVISION  ONE OF THIS
SECTION TO THE MAXIMUM EXTENT  PRACTICABLE.  NO  AGENCY  SHALL  PROPOSE,
PERFORM  OR APPROVE AN ACTION UNLESS, TO THE MAXIMUM EXTENT PRACTICABLE,
IT IS CONSISTENT WITH THE CRITERIA SPECIFIED IN SUBDIVISION ONE OF  THIS
SECTION.
  3. BEFORE PROPOSING, PERFORMING OR APPROVING AN ACTION THAT MAY HAVE A
SIGNIFICANT  EFFECT ON PUBLIC HEALTH OR THE ENVIRONMENT, AN AGENCY SHALL
ISSUE A WRITTEN FINDING THAT THE ACTION IS, TO THE MAXIMUM EXTENT  PRAC-
TICABLE,  CONSISTENT  WITH  THE  CRITERIA  IN  SUBDIVISION  ONE  OF THIS
SECTION. IF IN ANY RESPECT SUCH ACTION DOES NOT MEET  ALL  THE  CRITERIA
BECAUSE  CONSISTENCY  IS  CONSIDERED  TO  BE IMPRACTICABLE, SUCH FINDING
SHALL INCLUDE A STATEMENT OF JUSTIFICATION.
  S 996-C. PRECAUTIONARY POLICY PLANNING  COUNCIL.  1.  A  PRECAUTIONARY
POLICY PLANNING COUNCIL, HEREAFTER REFERRED TO AS THE COUNCIL, IS HEREBY
CREATED.  SUCH COUNCIL SHALL CONSIST OF SEVENTEEN MEMBERS, SEVEN OF WHOM
SHALL BE APPOINTED BY THE GOVERNOR AND OF SUCH SEVEN SHALL  INCLUDE  THE
COMMISSIONER  OF  ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF HEALTH
AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT;  FIVE  OF  WHOM  SHALL  BE
APPOINTED  BY  THE  TEMPORARY  PRESIDENT OF THE SENATE; AND FIVE OF WHOM
SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
  2. THE FOURTEEN AT-LARGE MEMBERS OF  THE  COUNCIL  SHALL  INCLUDE  TWO
REPRESENTATIVES  OF  LOCAL  GOVERNMENT; TWO REPRESENTATIVES OF ORGANIZA-
TIONS WHOSE PRIME FUNCTION IS  THE  SAFETY  AND  ENHANCEMENT  OF  PUBLIC
HEALTH; TWO REPRESENTATIVES OF ORGANIZATIONS WHOSE PRIME FUNCTION IS THE
PRESERVATION  AND  ENHANCEMENT  OF  THE ENVIRONMENT; TWO REPRESENTATIVES
FROM THE MANUFACTURING SECTOR; TWO REPRESENTATIVES FROM COMMERCIAL BUSI-
NESSES; TWO REPRESENTATIVES WITH EXPERTISE IN THE AREA OF  ENVIRONMENTAL
HEALTH  OR  ALTERNATIVE  TECHNOLOGY  FROM ACADEMIC INSTITUTIONS; AND TWO
REPRESENTATIVES WHO ARE CANCER SURVIVORS OR SURVIVORS OF OTHER  DISEASES
THOUGHT  TO  BE RELATED TO ENVIRONMENTAL EXPOSURES AND WHO ARE REPRESEN-
TATIVES OF COMMUNITY-BASED ORGANIZATIONS WHOSE  PRIME  FUNCTION  IS  THE
REPRESENTATION OF SUCH SURVIVORS AND WHICH HAVE A PROVEN TRACK RECORD OF
WORKING  COOPERATIVELY  WITH  OTHER  ORGANIZATIONS  THAT  REPRESENT SUCH
SURVIVORS.
  3. EACH MEMBER OF THE COUNCIL SHALL SERVE FOR A TERM OF FOUR YEARS  OR
UNTIL  HIS  OR  HER SUCCESSOR IS APPOINTED. A MEMBER APPOINTED TO FILL A
VACANCY SHALL SERVE THE REMAINDER OF THE TERM OF THE MEMBER HE OR SHE IS
APPOINTED TO SUCCEED. EACH MEMBER SHALL  BE  ENTITLED  TO  DESIGNATE  IN
WRITING  A  REPRESENTATIVE TO ATTEND MEETINGS IN HIS OR HER PLACE AND TO
VOTE OR OTHERWISE ACT ON HIS OR HER BEHALF IN HIS OR  HER  ABSENCE.  THE
MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES,
BUT  SHALL  BE  REIMBURSED  FOR  THEIR EXPENSES ACTUALLY AND NECESSARILY
INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER. ANY MEMBER OF THE
COUNCIL WITH A FINANCIAL OR ANY OTHER CONFLICT OF INTEREST RELATED TO  A
MATTER  BEING  ADDRESSED BY THE COUNCIL SHALL DISCLOSE SUCH CONFLICT AND
RECUSE HIMSELF OR HERSELF PRIOR TO ANY DISCUSSION OF OR DECISION REGARD-
ING SUCH MATTER.
  4. THE COUNCIL SHALL SELECT A CHAIR FROM AMONG ITS MEMBERS. THE  COUN-
CIL  SHALL MEET AS FREQUENTLY AS NECESSARY, BUT NOT LESS THAN FIVE TIMES
PER YEAR. SUCH MEETINGS SHALL BE HELD AT SUCH LOCATIONS AS  THE  COUNCIL
MAY  DETERMINE.  ALL SUCH MEETINGS SHALL BE SUBJECT TO THE OPEN MEETINGS
LAW.

S. 862                              6

  5. THE COUNCIL SHALL, AT A MINIMUM:
  (A)  PROVIDE GUIDANCE TO STATE AND LOCAL GOVERNMENT ON THE IMPLEMENTA-
TION OF THE PRECAUTIONARY POLICY AND CRITERIA.
  (B) MONITOR STATE  AND  LOCAL  GOVERNMENT  ACTIONS  TO  IMPLEMENT  THE
PRECAUTIONARY POLICY AND CRITERIA.
  (C)  MAKE  RECOMMENDATIONS  TO THE GOVERNOR, LEGISLATURE AND STATE AND
LOCAL GOVERNMENT REGARDING MEASURES TO  IMPROVE  IMPLEMENTATION  OF  THE
PRECAUTIONARY POLICY AND CRITERIA BY STATE AND LOCAL GOVERNMENT, INCLUD-
ING  ACTIONS  NEEDED  TO  REALIZE  THE FULL POTENTIAL OF SUCH POLICY AND
CRITERIA AND BEST PROTECT PUBLIC HEALTH AND THE ENVIRONMENT.
  (D) REPORT TO THE GOVERNOR AND LEGISLATURE  NO  LESS  THAN  EVERY  TWO
YEARS  ON THE EXTENT TO WHICH STATE AND LOCAL GOVERNMENT AGENCIES ARE IN
COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE AND ON  THE  EFFECTIVE-
NESS  OF STATE AND LOCAL GOVERNMENT EFFORTS TO IMPLEMENT THE PRECAUTION-
ARY POLICY AND CRITERIA, INCLUDING THE ADEQUACY OF FUNDING AVAILABLE AND
DIFFICULTIES ENCOUNTERED.
  (E) DEVELOP GUIDELINES FOR THE PERFORMANCE OF  PRECAUTIONARY  ALTERNA-
TIVES  ASSESSMENT.  SUCH  GUIDELINES  SHALL INCLUDE CRITERIA FOR FURTHER
DEFINING "CREDIBLE EVIDENCE OF A THREAT OF HARM TO HUMAN HEALTH  OR  THE
ENVIRONMENT,"  INCLUDING HOW TO ASSESS EVIDENCE OF THE PRESENCE OF HARM-
FUL CHEMICALS OR SYNTHETIC CHEMICALS THAT HAVE NOT YET UNDERGONE  SAFETY
ASSESSMENT IN THE BODIES OF HUMANS OR OTHER ORGANISMS.
  6.  IN  CARRYING  OUT ITS DUTIES UNDER THIS SECTION, THE COUNCIL SHALL
FOLLOW AN OPEN  AND  TRANSPARENT  DECISION-MAKING  PROCESS  AND  PROVIDE
OPPORTUNITIES  FOR  PUBLIC  COMMENT DURING ITS MEETINGS AND ON ANY DRAFT
GUIDELINES AND/OR REPORTS.
  7. THE DEPARTMENT  OF  HEALTH  AND  THE  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION SHALL PROVIDE THE COUNCIL WITH SUCH FACILITIES, ASSISTANCE,
AND  DATA AS WILL ENABLE THE COUNCIL TO CARRY OUT ITS POWERS AND DUTIES.
ADDITIONALLY, ALL OTHER AGENCIES OF THE STATE  OR  SUBDIVISIONS  THEREOF
SHALL,  AT  THE  REQUEST  OF THE CHAIR, PROVIDE THE TASK FORCE WITH SUCH
FACILITIES, ASSISTANCE AND DATA AS WILL ENABLE THE COUNCIL TO CARRY  OUT
ITS POWERS AND DUTIES.
  8.  THE COUNCIL MAY CONSULT WITH ANY PERSON, ORGANIZATION, EDUCATIONAL
INSTITUTION, OR GOVERNMENTAL ENTITY INCLUDING, BUT NOT LIMITED  TO,  THE
UNITED  STATES  ENVIRONMENTAL PROTECTION AGENCY, THE CENTERS FOR DISEASE
CONTROL, THE NATIONAL INSTITUTES OF HEALTH, AND THE  NATIONAL  INSTITUTE
OF  ENVIRONMENTAL HEALTH SCIENCES, AS WELL AS THE EUROPEAN UNION AND THE
CANADIAN HEALTH DEPARTMENT.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.