S T A T E O F N E W Y O R K
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4462--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
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Introduced by M. of A. BRODSKY, ENGLEBRIGHT -- Multi-Sponsored by -- M.
of A. BOYLAND -- read once and referred to the Committee on Environ-
mental Conservation -- reported and referred to the Committee on Rules
-- Rules Committee discharged, bill amended, ordered reprinted as
amended and recommitted to the Committee on Rules
AN ACT to amend the environmental conservation law and the state finance
law, in relation to re-establishing the existence of the state super-
fund management board as the state remedial program oversight board
and repealing section 27-1319 of the environmental conservation law
relating to the state superfund management board; and providing for
the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 27-1319 of the environmental conservation law is
REPEALED and a new section 27-1319 is added to read as follows:
S 27-1319. STATE REMEDIAL PROGRAM OVERSIGHT BOARD.
1. A. THERE IS HEREBY CREATED WITHIN THE DEPARTMENT THE "STATE REMEDI-
AL PROGRAM OVERSIGHT BOARD", HEREINAFTER REFERRED TO AS THE BOARD. SUCH
BOARD SHALL CONSIST OF FOURTEEN MEMBERS, INCLUDING THE COMMISSIONERS OF
ENVIRONMENTAL CONSERVATION AND HEALTH, OR THEIR DESIGNEES, AND TWELVE AT
LARGE MEMBERS APPOINTED BY THE GOVERNOR, TWO OF WHOM SHALL BE APPOINTED
UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE AND TWO OF
WHOM SHALL BE APPOINTED UPON RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
BLY, ONE OF WHOM SHALL BE APPOINTED UPON RECOMMENDATION OF THE MINORITY
LEADER OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED UPON RECOMMENDA-
TION OF THE MINORITY LEADER OF THE ASSEMBLY, AND, OF THE REMAINING SIX,
ONE SHALL LIVE WITHIN A MUNICIPALITY WITHIN WHICH EXISTS AN INACTIVE
HAZARDOUS WASTE SITE OR SITES, AS LISTED PURSUANT TO SECTION 27-1305 OF
THIS TITLE, AND HAVE BEEN INVOLVED IN A CITIZENS' ORGANIZATION THAT HAS
A PURPOSE RELATING TO THE SITE OR SITES WITHIN THAT MUNICIPALITY, ONE
SHALL LIVE WITHIN AN ENVIRONMENTAL ZONE AS IDENTIFIED PURSUANT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07350-02-9
A. 4462--A 2
SECTION 21 OF THE TAX LAW (AS ADDED BY SECTION 1 OF PART H OF CHAPTER 1
OF THE LAWS OF 2003) AND HAVE BEEN A MEMBER OF A COMMUNITY BASED ORGAN-
IZATION AS DEFINED IN SECTION 970-R OF THE GENERAL MUNICIPAL LAW, TWO
SHALL BE REPRESENTATIVES OF ORGANIZATIONS WHOSE PRIMARY FUNCTION IS THE
PROTECTION OF NATURAL RESOURCES AND ENHANCEMENT OF THE ENVIRONMENTAL
QUALITY OF THE STATE, AND TWO SHALL BE REPRESENTATIVES OF INDUSTRIES
THAT GENERATE HAZARDOUS WASTE IN THE STATE. NONE OF THE MEMBERS
APPOINTED BY THE GOVERNOR SHALL BE OFFICERS OR EMPLOYEES OF ANY STATE
DEPARTMENT OR AGENCY, AND EACH SHALL BE, BY PROFESSIONAL TRAINING OR
EXPERIENCE AND ATTAINMENT, QUALIFIED TO ANALYZE AND INTERPRET MATTERS
PERTAINING TO HAZARDOUS WASTE MANAGEMENT AND THE REMEDIATION OF INACTIVE
HAZARDOUS WASTE DISPOSAL AND BROWNFIELD SITES.
B. NO AT LARGE MEMBER OF THE BOARD MAY APPOINT A DESIGNEE TO TEMPORAR-
ILY OR PERMANENTLY ASSUME HIS OR HER PLACE ON THE BOARD.
2. A. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION SHALL SERVE AS
CHAIRPERSON OF THE BOARD, AND THE BOARD SHALL ELECT A VICE CHAIRPERSON
FROM AMONG THE APPOINTED MEMBERS TO PRESIDE IN THE ABSENCE OF THE CHAIR-
PERSON.
B. OF THE TWELVE AT LARGE MEMBERS APPOINTED BY THE GOVERNOR, EACH
SHALL BE REAFFIRMED OR REAPPOINTED ON JANUARY 31, 2009 AND EVERY TWO
YEARS THEREAFTER, AND EACH SHALL HOLD OFFICE UNTIL SUCH TIME AS THE
BOARD SHALL CEASE TO EXIST OR UNTIL HE OR SHE SHALL RESIGN OR BE REMOVED
IN THE MANNER PROVIDED BY LAW. ANY VACANCY ON THE BOARD SHALL BE FILLED
BY APPOINTMENT PURSUANT TO SUBDIVISION 1 OF THIS SECTION FOR THE UNEX-
PIRED BALANCE OF THE TERM.
3. THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION FOR THEIR
SERVICES AS MEMBERS OF THE BOARD, EXCEPT THAT EACH OF THEM SHALL BE
ALLOWED THE NECESSARY AND ACTUAL EXPENSES WHICH HE OR SHE SHALL INCUR IN
THE PERFORMANCE OF HIS OR HER DUTIES UNDER THIS SECTION.
4. THE BOARD SHALL HAVE THE POWER, DUTY, AND RESPONSIBILITY TO:
A. SERVE AS A WORKING FORUM FOR THE EXCHANGE OF VIEWS, CONCERNS,
IDEAS, INFORMATION, AND RECOMMENDATIONS RELATING TO THE STATE'S REMEDIAL
PROGRAMS AS PROVIDED IN THIS TITLE AND TITLE 14 OF THIS ARTICLE AND
ARTICLE 12 OF THE NAVIGATION LAW.
B. REQUEST AND RECEIVE FROM THE DEPARTMENT AND THE DEPARTMENT OF
HEALTH AT EACH MEETING OF THE BOARD ANY PORTIONS OF THE PLAN REQUIRED BY
SECTION 27-1305 OF THIS TITLE OR ANY REVISIONS, AMENDMENTS, OR CHANGES
AVAILABLE FOR REVIEW, AND ANY SUPPORTING DOCUMENTS OR OTHER PERTINENT
DATA, AS WELL AS ANY PROPOSED RULES, REGULATIONS, OR GUIDANCE RELATED TO
THE STATE'S REMEDIAL PROGRAMS. ALL INFORMATION REQUESTED BY OR PROVIDED
TO THE BOARD SHALL ALSO BE PROVIDED TO THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRPERSONS OF THE SENATE
AND ASSEMBLY ENVIRONMENTAL CONSERVATION COMMITTEES.
C. COMPEL THE ATTENDANCE AT EACH MEETING OF THE BOARD OF SUCH PERSON-
NEL OF THE DEPARTMENT, OR OF OTHER APPROPRIATE STATE DEPARTMENTS OR
AGENCIES, AS MAY REASONABLY BE EXPECTED TO SUPPLY ANY PERTINENT DATA
THAT THE BOARD MAY REQUEST.
D. MONITOR AND REVIEW THE IMPLEMENTATION OF THE STATE'S REMEDIAL
PROGRAMS AS PROVIDED IN THIS TITLE AND TITLE 14 OF THIS ARTICLE AND
ARTICLE 12 OF THE NAVIGATION LAW AND THE POLICIES, PROGRAM OBJECTIVES OF
THESE PROGRAMS, METHODS, AND STRATEGIES, INCLUDING THOSE OUTLINED IN THE
INACTIVE HAZARDOUS WASTE DISPOSAL SITES REGISTRY AND THE STATE INACTIVE
HAZARDOUS WASTE REMEDIAL PLAN AS REQUIRED BY SECTION 27-1305 OF THIS
TITLE, AS WELL AS INFORMATION WHICH THE BOARD MAY ACQUIRE FROM OTHER
SOURCES.
A. 4462--A 3
E. REVIEW THE HAZARDOUS WASTE SITE REMEDIATION REMAINING TO BE
COMPLETED UNDER THE STATE INACTIVE HAZARDOUS WASTE REMEDIAL PLAN AS
UPDATED, THE ESTIMATE OF THE COSTS WHICH WOULD BE INCURRED IN THE
COMPLETION OF THIS REMEDIATION, THE SCHEDULE UNDER WHICH THE COSTS WILL
BE INCURRED, AND THE REVENUES AND RESOURCES EXPECTED TO BE AVAILABLE TO
MEET THESE COSTS.
F. REVIEW AND EVALUATE THE APPROPRIATE STATE AND INDUSTRY CONTRIBUTION
TO THE INACTIVE HAZARDOUS WASTE SITE REMEDIAL PROGRAM, THE BROWNFIELD
CLEANUP PROGRAM ESTABLISHED PURSUANT TO TITLE 14 OF THIS ARTICLE, AND
THE OIL SPILL CLEANUP PROGRAM ESTABLISHED PURSUANT TO ARTICLE 12 OF THE
NAVIGATION LAW.
G. BASED UPON ITS MONITORING, REVIEWING, AND OTHER INFORMATION AVAIL-
ABLE TO IT, THE BOARD SHALL REPORT TO THE GOVERNOR AND TO THE LEGISLA-
TURE ON OR BEFORE JANUARY FIRST OF EACH YEAR ITS ASSESSMENT OF THE
IMPLEMENTATION OF THE STATE'S REMEDIAL PROGRAMS AS PROVIDED IN THIS
TITLE AND TITLE 14 OF THIS ARTICLE AND ARTICLE 12 OF THE NAVIGATION LAW,
TOGETHER WITH ITS COMMENTS, SUGGESTIONS, AND RECOMMENDATIONS REGARDING
THE PROGRAMS, THEIR IMPLEMENTATION, AVAILABLE FUNDING AND RESOURCES, AND
THE NEED FOR STEPS TO ENSURE THE FUTURE AVAILABILITY OF FUNDING.
5. A. THE BOARD SHALL:
1. MEET AT LEAST QUARTERLY;
2. KEEP A RECORD OF ALL ITS PROCEEDINGS AND PROVIDE SUCH RECORD TO THE
PUBLIC UPON REQUEST; AND
3. DETERMINE THE RULES OF ITS OWN PROCEDURES.
B. SEVEN MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM FOR THE TRANS-
ACTION OF ANY BUSINESS OF THE BOARD.
6. STAFF SERVICES, INCLUDING RECORDING OF BOARD PROCEEDINGS, SHALL BE
PERFORMED BY PERSONNEL OF THE DEPARTMENT, OR SUCH STATE DEPARTMENTS OR
OTHER AGENCIES AS THE CHAIRPERSON DEEMS APPROPRIATE OR DESIRABLE.
7. FOR THE PURPOSES OF THIS SECTION, THE AT LARGE MEMBERS OF THE BOARD
SHALL BE CONSIDERED OFFICERS OR EMPLOYEES OF PUBLIC ENTITIES AND SHALL
BE AFFORDED SUCH DEFENSE AND INDEMNIFICATION AS IS PROVIDED PURSUANT TO
SECTION 18 OF THE PUBLIC OFFICERS LAW.
S 2. The opening paragraph of subdivision 3 of section 27-1305 of the
environmental conservation law, as amended by section 3 of part E of
chapter 1 of the laws of 2003, is amended to read as follows:
The department shall, as soon as possible but in no event later than
January first, nineteen hundred eighty-four, and annually thereafter
prepare and submit in writing a "state inactive hazardous waste remedial
plan," hereinafter referred to as "the plan" to the state [superfund
management] REMEDIAL PROGRAM OVERSIGHT board. Such board shall then
approve of the plan or make such modification as it is empowered to do
pursuant to section 27-1319 of this [chapter] TITLE and submit the
approved plan or modified plan, to the governor and the legislature on
or before March first, nineteen hundred eighty-four and annually there-
after. In preparing, compiling and updating the plan, the department
shall:
S 3. Subdivision 13 of section 97-b of the state finance law, as added
by chapter 512 of the laws of 1986, is amended to read as follows:
13. Upon the receipt of a certification provided pursuant to subdivi-
sion twelve of this section, the state [superfund management] REMEDIAL
PROGRAM OVERSIGHT board shall review and analyze the historical pattern
of revenue received by the industry fee transfer account and the long
term projection of future transfers from such account, and shall report
on or before December first of such year to the governor and the legis-
lature its recommendations, if any, as to the sources of additional
A. 4462--A 4
revenues which could be used to supplement the revenues to be received
by such fund in order to achieve the equal sharing of debt service costs
as implemented in subdivision nine of this section.
S 4. This act shall take effect immediately and shall expire and be
deemed repealed June 1, 2019.