A220-2011 Actions

• Jan 5, 2011: referred to local governments

A220-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          220
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced  by  M. of A. SPANO, ENGLEBRIGHT, MAISEL, M. MILLER, MILLMAN,
 HOOPER, SCARBOROUGH -- Multi-Sponsored by -- M. of A. BARRON,  CRESPO,
 GABRYSZAK,  GIBSON,  GOTTFRIED,  HIKIND,  MAYERSOHN, McENENY, PHEFFER,
 SCHIMEL, THIELE -- read once and referred to the  Committee  on  Local
 Governments
 AN  ACT  to  amend  the  general municipal law, in relation to requiring
 businesses to notify the local firefighting agency of the presence  of
 hazardous materials
 

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

 

Section 1.  Subdivisions 3, 5 and 6 of section 209-u  of  the  general
 municipal  law,  subdivision  3  as amended by chapter 23 of the laws of
 1991, and subdivisions 5 and 6 as amended by chapter 594 of the laws  of
 1986, are amended and a new subdivision 3-a is added to read as follows:

 3.  Every  person  engaged  in commerce in this state, excepting those
 operating as a farm, as  defined  by  subdivision  one  of  section  six
 hundred  seventy-one  of the labor law who, based upon the experience of
 the business in the use of hazardous materials during the previous year,
 may have possession of hazardous materials at a permanent place of busi
 ness, a construction site or a temporary storage depot, shall report the
 presence of such hazardous materials to the  chief  of  the  appropriate
 fire department, fire corporation, or fire company having responsibility
 for fire protection of each location at which any such hazardous materi
 al  may be found.  EACH SUCH PERSON SHALL PROVIDE THE IDENTIFICATION AND
 QUANTITY OF EACH HAZARDOUS MATERIAL USED OR STORED AT EACH SITE WHICH IS
 NOT WITHIN A CITY HAVING A POPULATION OF ONE  MILLION  OR  MORE.    SUCH
 PERSONS THAT DO NOT STORE OR USE HAZARDOUS MATERIALS MUST RESPOND TO THE
 NOTICE  BY  STATING  NO  SUCH MATERIALS ARE STORED OR USED. Upon receipt
 thereof, in counties which have an office of  county  fire  coordinator,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00767-01-1
 
       A. 220                              2
 the  fire  department, fire corporation or fire company, shall forward a
 copy of said report to the office of the county fire coordinator.
 3-A.  EVERY  CITY  AND  TOWN, EXCEPT A CITY HAVING A POPULATION OF ONE
 MILLION OR MORE, SHALL ANNUALLY PROVIDE NOTICE IN WRITING TO ALL PERSONS
 ENGAGED IN COMMERCE WITHIN ITS  JURISDICTION  OF  THE  NOTIFICATION  AND
 REPORTING   REQUIREMENTS,  RELATING  TO  HAZARDOUS  MATERIALS,  OF  THIS
 SECTION. SUCH NOTICE MAY BE INCLUDED IN  TAX  BILLS  OR  OTHER  OFFICIAL
 COMMUNICATIONS.
 5.  An  exemption  from  the  provisions  of subdivision three of this
 section may be granted by the chief of the fire department, fire  corpo
 ration,  or fire company where, in cooperation with or at the invitation
 of the person, he OR SHE chooses to make or causes his OR HER  represen
 tative  to  make an inspection of the person's place of business. At the
 time of such inspection the person is required to inform  the  chief  or
 his  OR  HER representative of any hazardous materials which are subject
 to the provisions of this section. IF ANY PERSON  GRANTED  AN  EXEMPTION
 PURSUANT  TO  THIS  SUBDIVISION  CHANGES THE HAZARDOUS MATERIALS USED OR
 STORED AT SUCH PLACE OF BUSINESS WHICH IS NOT WITHIN  A  CITY  HAVING  A
 POPULATION  OF ONE MILLION OR MORE, SUCH PERSON SHALL IMMEDIATELY NOTIFY
 THE CHIEF OF THE FIRE DEPARTMENT, FIRE CORPORATION OR  FIRE  COMPANY  OF
 SUCH  CHANGE  INCLUDING  THE IDENTITY OF THE HAZARDOUS MATERIALS AND THE
 AMOUNTS THEREOF USED OR STORED. Failure to  inform  shall  constitute  a
 violation as set forth in subdivision eight of this section.
 6. Exemptions from the provisions of subdivision three of this section
 may  also be granted by said chief [as follows: (a) a general exemption]
 if the PERSON DEMONSTRATES firefighting capability [of  the  person  is]
 sufficient to defend against an emergency involving such hazardous mate
 rial[;  (b)  an exemption, based upon the need for confidentiality, from
 the reporting of specific hazardous materials]. REQUESTS  FOR  EXEMPTION
 FROM  PUBLIC DISCLOSURE OF THE HAZARDOUS MATERIALS USED OR STORED AT THE
 PLACE OF BUSINESS SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE  SIX  OF
 THE PUBLIC OFFICERS LAW. Requests for exemptions shall be in writing and
 shall  be filed annually with said chief. Such exemptions shall be filed
 with said chief and in counties which have  an  office  of  county  fire
 coordinator,  a  copy of said exemption shall be forwarded by said chief
 to the office of county fire coordinator on a date to be  determined  by
 the  state fire administrator in the manner prescribed by the state fire
 administrator. Exemptions shall be in writing and shall expire one  year
 from  the  date  granted.  An exemption may be revoked if the conditions
 provided in [paragraph (a) or (b) of] this subdivision no longer exist.
 

S 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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