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