A1471-2011 Actions

• Jan 4, 2012: referred to environmental conservation
• Jan 10, 2011: referred to environmental conservation

A1471-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1471
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 10, 2011
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
 Committee on Environmental Conservation
 

AN ACT to amend the environmental conservation law, in relation  to  the
 creation of the toxics information clearinghouse
 

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

 

Section 1. Article 37 of the environmental conservation law is amended
 by adding a new title 4 to read as follows:

 TITLE IV
 TOXIC INFORMATION CLEARINGHOUSE
 SECTION 37-0401. TOXIC INFORMATION CLEARINGHOUSE.
 

S 37-0401. TOXIC INFORMATION CLEARINGHOUSE.
 1. SUBSTANCES HAZARDOUS TO PUBLIC HEALTH, SAFETY  OR  THE  ENVIRONMENT
 THAT  HAVE BEEN IDENTIFIED OR LISTED AS A HAZARDOUS WASTE IN REGULATIONS
 PROMULGATED PURSUANT TO SECTION 27-0903 OF THIS CHAPTER  AND  SUBSTANCES
 THAT APPEAR ON THE LIST IN REGULATIONS PROMULGATED PURSUANT TO PARAGRAPH
 (A) OF SUBDIVISION ONE OF SECTION 37-0103 OF THIS ARTICLE SHALL BE POST
 ED  ON  A WEBSITE ESTABLISHED AND MAINTAINED BY THE DEPARTMENT AND SHALL
 BE ACCESSIBLE TO THE PUBLIC.
 2. THE WEBSITE ESTABLISHED AND MAINTAINED PURSUANT TO SUBDIVISION  ONE
 OF  THIS  SECTION SHALL PROVIDE CHEMICAL HAZARD TRAITS AND ENVIRONMENTAL
 AND TOXICOLOGICAL END-POINT DATA OF THE SUBSTANCES IDENTIFIED  IN  REGU
 LATION.
 3. THE DEPARTMENT SHALL CONSULT WITH OTHER STATES, THE FEDERAL GOVERN
 MENT,  AND  OTHER  NATIONS  TO IDENTIFY AVAILABLE DATA RELATED TO HAZARD
 TRAITS AND THE ENVIRONMENTAL AND TOXICOLOGICAL END-POINTS.
 4. THIS TITLE SHALL NOT LIMIT OR BE CONSTRUED  TO  LIMIT  THE  DEPART
 MENT'S  OR  ANY OTHER AGENCY'S EXISTING AUTHORITY OVER HAZARDOUS MATERI
 ALS.
 

S 2.

Section 37-0307 of the environmental conservation law,  as  added
 by chapter 663 of the laws of 1994, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02261-01-1
 
       A. 1471                             2
 

S 37-0307. Availability of information.
 1. The release forms required under this title are intended to provide
 information to government agencies and the public, including citizens of
 communities  surrounding  covered  facilities. The release form shall be
 available to inform persons about releases of  toxic  chemicals  to  the
 environment;  to  assist  government  agencies,  researchers,  and other
 persons in the conduct of research and data gathering;  to  aid  in  the
 development  of  appropriate regulations, guidelines, and standards; and
 for similar purposes. Each  release  form  shall  be  printed  out  upon
 request  and  made  available during normal working hours to the general
 public at the main office of the department and at the  regional  office
 that encompasses the region in which the facility is located.
 2.  [The  commissioner  shall maintain in a computer data base a toxic
 chemical inventory based on data submitted to the commissioner  pursuant
 to  this  title.  Such  data  shall  be made available upon request as a
 printout and diskette, as per request.
 3.] By December thirty-first of  each  year,  the  commissioner  shall
 issue  a  written  report  that  shall  be available at no charge to the
 public in which the information  compiled  pursuant  to  this  title  is
 summarized for each facility subject to the provisions of this title.
 

S  3.  This act shall take effect January 1, 2014. The commissioner of
 environmental conservation shall promulgate any and all rules and  regu
 lations  and  take any other measures necessary to implement this act on
 or before January 1, 2013.

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