Senate Bill S8162A

2009-2010 Legislative Session

Enhances the reporting requirements for businesses which store or use hazardous materials

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Archive: Last Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2010	print number 8162a
Jul 21, 2010	amend and recommit to rules
Jun 14, 2010	referred to rules

Bill Amendments

co-Sponsors

2009-S8162 - Details

See Assembly Version of this Bill:: A11148
Current Committee:: Senate Rules
Law Section:: General Municipal Law
Laws Affected:: Amd §209-u, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2826, A220
2013-2014: S4573

2009-S8162 - Summary

Enhances the reporting requirements for the storage or use of hazardous materials by businesses, outside of a city having a population of one million or more.

2009-S8162 - Sponsor Memo

                                BILL NUMBER:S8162

TITLE OF BILL:
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

PURPOSE OF THE BILL:
The bill would enhance and improve the reporting requirements for
businesses which store or use hazardous materials.

SUMMARY OF PROVISIONS:
The bill amends Section 209-u of the General Municipal Law to make the
following changes:

* Requires each person engaged in commerce to provide identification
and quantity of each hazardous material used or stored at each site.
Persons that do not use or store hazardous materials must respond to
the notice with such information;

* Requires every municipality (town or city) to provide annual
notification in writing to all persons engaged in commerce within
their jurisdiction of the notification and. other hazardous materials
reporting requirements in this law, The notification may be provided
with tax bills or other official notifications;

* Requires any person granted a reporting exemption to immediately
notify the chief of the fire department, fire corporation or fire
company of any changes in the identity of the hazardous materials and
the amounts used or stored at each site;

* Requires that persons claiming the need to protect confidential
business information must still report this hazardous materials data
to the fire department, corporation or company. Such information will
not be revealed to the public, but is still necessary for the fire
companies to adequately respond to fires and other events at such
sites.

JUSTIFICATION:
Some fire companies have reported that they still have little or no
information about hazardous materials stored at businesses within
their response territories, despite the requirements of the current
law. This lack of information puts our fire fighters, first responders
and emergency personnel at significant risk from unknown exposures to
hazardous materials at these facilities. The proposed amendments to
the bill will ensure that every business facility provides detailed
information about hazardous materials they use or store, including
identification and quantity of each material.  Businesses that do not
use or store hazardous materials must provide a response to that
effect. Additionally every municipality must send notice of the
reporting requirements to every person in commerce in their community;
such notice may be included with other official mailings from the
municipality. This procedure should ensure that all appropriate
parties know of their responsibilities with respect to hazardous
materials.


The bill also strengthens the exemptions provisions of the current
law. All of the changes should significantly improve knowledge of
hazardous materials stored and used within these communities and
enhance municipal response to fires and other hazardous events at
such, facilities.

PRIOR LEGISLATIVE HISTORY:
New bill- 2010

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Little or no cost to local governments.

EFFECTIVE DATE:
This act would take effect 30 days after it becomes law.

2009-S8162 - Bill Text download pdf

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

                                  8162

                            I N  S E N A T E

                              June 14, 2010
                               ___________

Introduced by Sens. STEWART-COUSINS, ONORATO, STAVISKY, THOMPSON -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

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. 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.
  3-A.  EVERY  CITY AND TOWN SHALL ANNUALLY PROVIDE NOTICE IN WRITING TO
ALL PERSONS ENGAGED IN COMMERCE WITHIN ITS JURISDICTION OF THE NOTIFICA-
TION AND REPORTING REQUIREMENTS, RELATING  TO  HAZARDOUS  MATERIALS,  OF
THIS SECTION. SUCH NOTICE MAY BE INCLUDED IN TAX BILLS OR OTHER OFFICIAL
COMMUNICATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17318-03-0

S. 8162                             2

  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, 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 firefighting capability  of  the  person  is  sufficient  to  defend
against   an   emergency  involving  such  hazardous  material;  (b)  an
exemption, based upon the need [for confidentiality, from the  reporting
of specific hazardous materials] TO PROTECT CONFIDENTIAL BUSINESS INFOR-
MATION,  FROM PUBLICLY DISCLOSING THE HAZARDOUS MATERIALS USED OR STORED
AT A PLACE OF BUSINESS. 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.

co-Sponsors

2009-S8162A (ACTIVE) - Details

See Assembly Version of this Bill:: A11148
Current Committee:: Senate Rules
Law Section:: General Municipal Law
Laws Affected:: Amd §209-u, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2826, A220
2013-2014: S4573

2009-S8162A (ACTIVE) - Summary

Enhances the reporting requirements for the storage or use of hazardous materials by businesses, outside of a city having a population of one million or more.

2009-S8162A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8162A

TITLE OF BILL:  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

PURPOSE OF THE BILL: The bill would enhance and improve the reporting
requirements for businesses which store or use hazardous materials.

SUMMARY OF PROVISIONS: The bill amends Section 209-u of the General
Municipal Law to make the following changes applicable to munici-
palities, except for cities with a population of million or more:

* Requires each person engaged in commerce to provide identification and
quantity of each hazardous material used or stored at each site.
Persons that do not use or store hazardous materials must respond to the
notice with such information;

* Requires every municipality (town or city) to provide annual notifica-
tion in writing to all persons engaged in commerce within their juris-
diction of the notification and other hazardous materials reporting
requirements in this law. The notification may be provided with tax
bills or other official notifications;

* Requires any person granted a reporting exemption to immediately noti-
fy the chief of the fire department, fire corporation or fire company of

any changes in the identity of the hazardous materials and the amounts
used or stored at each site;

* Clarifies that persons claiming the need to protect confidential busi-
ness information must still report this hazardous materials data to the
fire department, corporation or company. Such information shall be
subject to the Freedom of information Law with respect to public release
of such information.

JUSTIFICATION: Some fire companies have reported that they still have
little or no information about hazardous materials stored at businesses
within their response territories, despite the requirements of the
current law. This lack of information puts out fire fighters, first
responders and emergency personnel at significant risk from unknown
exposures to hazardous materials at these facilities.

The proposed amendments to the bill will ensure that every business
facility provides detailed information about hazardous materials they
use to store, including identification and quantity of each material.
Businesses that do not use or store hazardous materials must provide a
response to that effect. Additionally every municipality must send
notice of the reporting requirements to every person in commerce in
their community; such notice may be included with other official mail-
ings from the municipality. These new requirements do not apply to
cities with population of one million or more. This procedure should

ensure that all appropriate parties know their responsibilities with
respect to hazardous materials.

The bill also strengthens the exemptions provisions of the current law.
All of the changes should significantly improve knowledge of hazardous
materials stored and used within these communities and enhance municipal
response to fires and other hazardous events at such facilities.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  Little or no cost
to local governments.

EFFECTIVE DATE: This act would take effect 30 days after it becomes a
law.

2009-S8162A (ACTIVE) - Bill Text download pdf

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

                                 8162--A

                            I N  S E N A T E

                              June 14, 2010
                               ___________

Introduced by Sens. STEWART-COUSINS, ONORATO, STAVISKY, THOMPSON -- read
  twice  and  ordered  printed,  and when printed to be committed 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.
  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

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

                                                           LBD17318-07-0

S. 8162--A                          2

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.

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Senate Bill S8162A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

2009-S8162 - Details

2009-S8162 - Summary

2009-S8162 - Sponsor Memo

2009-S8162 - Bill Text download pdf

co-Sponsors

2009-S8162A (ACTIVE) - Details

2009-S8162A (ACTIVE) - Summary

2009-S8162A (ACTIVE) - Sponsor Memo

2009-S8162A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Andrea Stewart-Cousins

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

George Onorato

Toby Ann Stavisky

Antoine M. Thompson

2009-S8162 - Details

2009-S8162 - Summary

2009-S8162 - Sponsor Memo

2009-S8162 - Bill Text download pdf

co-Sponsors

George Onorato

Toby Ann Stavisky

Antoine M. Thompson

2009-S8162A (ACTIVE) - Details

2009-S8162A (ACTIVE) - Summary

2009-S8162A (ACTIVE) - Sponsor Memo

2009-S8162A (ACTIVE) - Bill Text download pdf

Comments