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

                                11148--A

                          I N  A S S E M B L Y

                              May 20, 2010
                               ___________

Introduced  by  M.  of A. SPANO, ENGLEBRIGHT, MAISEL, FIELDS, 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  -- reported and referred to the Committee on Codes
  -- reported and referred  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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,
the  fire  department, fire corporation or fire company, shall forward a
copy of said report to the office of the county fire coordinator.

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

                                                           LBD17318-06-0

A. 11148--A                         2

  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.