Assembly Bill A3678

2019-2020 Legislative Session

Makes various provisions regarding uniform procedures

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A3678 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §70-0109, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A838
2011-2012: A814
2013-2014: A307
2015-2016: A2002
2017-2018: A1775

2019-A3678 (ACTIVE) - Summary

Establishes requirements for notice, access to information and public comment period with respect to uniform procedures for pending environmental protection agency projects and regulation.

2019-A3678 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3678
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2019
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, L. ROSENTHAL, COLTON, OTIS, CARROLL,
   ABINANTI -- Multi-Sponsored by -- M. of A. LUPARDO,  PERRY,  RAMOS  --
   read once and referred to the Committee on Environmental 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.  Paragraph  (a) of subdivision 1 of section 70-0109 of the
 environmental 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
 complete  AND SHALL PUBLISH A LISTING IN THE ENVIRONMENTAL NOTICE BULLE-
 TIN THAT SUCH APPLICATION, WHETHER OR NOT COMPLETE, HAS BEEN SUBMITTED.
   § 2. 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.
   § 3. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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