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

                                   838

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. DINOWITZ, COLTON -- Multi-Sponsored by -- M. of
  A. ALESSI, RAMOS -- read once and referred to the Committee  on  Envi-
  ronmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  uniform procedures

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

  Section  1.  Subdivision  1  of  section  70-0107 of the environmental
conservation law, as added by chapter  723  of  the  laws  of  1977,  is
amended to read as follows:
  1.  The  department, after public hearing, shall adopt rules and regu-
lations to assure the efficient and expeditious administration  of  this
article.  Such rules and regulations shall include but not be limited to
provisions  regarding  notice,  review,  public participation and public
hearings. IN ADDITION TO BEING PLACED IN A PUBLICATION OF GENERAL CIRCU-
LATION IN THE COUNTY OR BOROUGH IN WHICH THE PROJECT IS LOCATED,  OR  IN
MORE THAN ONE PUBLICATION IF APPROPRIATE, WHERE ONE OR MORE PUBLICATIONS
OF  LESS  THAN  COUNTY-WIDE CIRCULATION EXIST IN THE PROJECT AREA NOTICE
SHALL BE PLACED IN AT LEAST ONE SUCH PUBLICATION, AND IN A PROJECT  AREA
WHERE  TWENTY-FIVE  PERCENT  OR  MORE  OF  THE POPULATION IS NON-ENGLISH
SPEAKING, NOTICE SHALL ALSO BE PLACED IN AT LEAST ONE PUBLICATION  WHICH
IS WIDELY CIRCULATED IN THE AREA PRINTED IN SUCH LANGUAGE.
  S 2. Paragraph (a) of subdivision 1 of section 70-0109 of the environ-
mental conservation law, as added by chapter 723 of the laws of 1977, is
amended to read as follows:
  (a)  On or before fifteen calendar days after the receipt of an appli-
cation for a permit which has been filed in  a  manner  and  in  a  form
prescribed  by  the department, the department shall mail written notice
to the applicant of its determination whether or not the application  is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02713-01-9
              

A. 838                              2

complete  AND SHALL PUBLISH A LISTING IN THE ENVIRONMENTAL NOTICE BULLE-
TIN THAT SUCH APPLICATION, WHETHER OR NOT COMPLETE, HAS BEEN SUBMITTED.
  S  3.  Subdivision 1 of section 70-0109 of the environmental conserva-
tion law is amended by adding a new paragraph (f) to read as follows:
  (F) A MEMBER OF THE PUBLIC, UPON REQUEST  IN  WRITING,  SHALL  BE  (I)
GIVEN ACCESS TO ALL CORRESPONDENCE BETWEEN THE APPLICANT AND THE DEPART-
MENT  EXCEPT FOR TRADE SECRETS OR MATERIAL MAINTAINED FOR THE REGULATION
OF COMMERCIAL ENTERPRISE WHICH  IF  DISCLOSED  WOULD  CAUSE  SUBSTANTIAL
INJURY  TO  THE COMPETITIVE POSITION OF THE APPLICANT, AND (II) INFORMED
ABOUT PRE-APPLICATION CONFERENCES OR MEETINGS BETWEEN THE DEPARTMENT AND
ANY APPLICANT AND MAY ATTEND WITHOUT PARTICIPATING IN THOSE IN WHICH  HE
OR SHE HAS AN INTEREST.
  S 4. Paragraph (a) of subdivision 2 of section 70-0109 of the environ-
mental  conservation law, as amended by chapter 285 of the laws of 1990,
is amended to read as follows:
  (a) Immediately upon determining that an application is complete,  the
department  shall  cause  a notice of application to be published in the
next available environmental notice bulletin which shall  be  not  later
than ten calendar days after the date of such determination and not less
than once during the fifteen calendar day period following such determi-
nation  in  a  newspaper having general circulation in the area in which
the project is proposed to be located, and shall provide notice  to  the
chief  executive  officer  of  each  municipality  in which the proposed
project is located, and may direct the applicant to provide such reason-
able notice and opportunity for comment to the public as the  department
deems  appropriate.  IN  NO CASE SHALL THE PUBLIC COMMENT PERIOD BE LESS
THAN TWENTY DAYS FROM DATE OF  PUBLICATION,  OR  FORTY-FIVE  DAYS  IF  A
LEGISLATIVE  HEARING  OR  PUBLIC  HEARING IS SCHEDULED. IF NO HEARING IS
SCHEDULED AND A MEMBER OF THE PUBLIC REQUESTS DURING THE COMMENT  PERIOD
THAT  A  LEGISLATIVE OR PUBLIC HEARING BE HELD, THE COMMENT PERIOD SHALL
BE EXTENDED AN ADDITIONAL THIRTY DAYS FROM DATE OF  PUBLICATION  IN  THE
ENVIRONMENTAL  NOTICE  BULLETIN  OF  NOTICE THAT SUCH A REQUEST HAS BEEN
MADE. Newspaper publications shall be provided by the applicant.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.