S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    594
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. 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.
 § 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.
   § 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.
                                                            LBD00856-01-3
              

 A. 594                              2
 
 § 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.
   § 3. This act shall take effect twenty-four months after it shall have
 become  a  law.  Effective  immediately,  the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.