S T A T E O F N E W Y O R K
________________________________________________________________________
3420
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. SWEENEY, JAFFEE, EDDINGTON, FIELDS, LUPARDO,
COLTON, CAHILL, ROSENTHAL -- Multi-Sponsored by -- M. of A. ALFANO,
BENEDETTO, BOYLAND, DelMONTE, DIAZ, GLICK, PEOPLES, PHEFFER, WEIN-
STEIN, WEISENBERG, WRIGHT -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law and the executive
law, in relation to establishing the New York state public health
protection act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "New York
state public health protection act".
S 2. Legislative findings and declaration. The legislature hereby
finds and declares that:
(a) Every New Yorker has an equal right to a healthy and safe environ-
ment. This requires that our air, water, earth, and food be of a suffi-
ciently high quality that individuals and communities can live healthy,
fulfilling, and dignified lives. The duty to enhance, protect and
preserve New York's environment and the health of its citizens rests on
the shoulders of government, residents, citizen groups and businesses
alike.
(b) As New York moves into the twenty-first century, the state should
be a leader in the development of policies that will create and maintain
a healthy environment and vibrant economy. Heeding early warnings of
harm, putting safety and prevention first, encouraging innovation, and
creating and choosing the safest, most sustainable technologies,
products and practices will help to ensure a higher quality of life for
present and future generations. It will also put New York in an econom-
ically advantageous position to compete in an increasingly global
marketplace.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02942-01-9
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(c) New York looks forward to the time when the state's power is
generated from renewable and clean sources; when our homes, schools,
businesses and government facilities are energy efficient and
constructed, refurbished and maintained with safe and sustainable tech-
nologies and products; when pollution prevention is embraced by govern-
ment and businesses as a way to save money and protect public health and
the environment; when government and citizens use energy efficient and
clean vehicles; when pests are controlled with nontoxic or least toxic
alternatives; when our production of waste is significantly reduced and
the rest is recycled; and when our homes, schools, workplaces, food, air
and water are free from toxic contaminants. Adopting a precautionary
approach to decision-making will help New York attain these goals as
laws and policies are evaluated in areas such as energy, construction,
education, new technologies, economic development, small business
assistance, transportation, land use, planning, recreation, purchasing,
contracting, public investment, health care, and the environment.
(d) Transforming our society to realize these goals will take a behav-
ioral as well as technological revolution, which is already underway.
Adopting a precautionary approach to decision-making will help New York
speed this process of change by moving beyond finding cures for costly
environmental ills to preventing those ills before they can do harm.
(e) The central tenet of a precautionary approach to decision-making
is that government, businesses and society as a whole have a duty to
prevent harm to public health or the environment where credible evidence
exists that harm is occurring or is likely to occur, even when the exact
nature and full magnitude of harm is not yet proven. Precautionary deci-
sion-making places the highest priority on protecting public health and
the environment. It involves the careful assessment of a broad range of
options using the best available science and selecting the safest and
most sustainable feasible solution.
(f) Precautionary decision-making also involves active public partic-
ipation because, locally or internationally, the public bears the health
and ecological consequences of technological and environmental deci-
sions. Early, meaningful and effective public participation enriches
government decision-making by allowing a diversity of interests and
perspectives to be heard and considered. Citizens are equal partners in
making the decisions that will affect their health and environment.
(g) Historically, environmentally harmful activities have only been
stopped after they have manifested extreme environmental degradation or
exposed people to harm. In the case of DDT, lead, and asbestos, for
instance, regulatory action took place only after disaster and disease
had struck. The delay between first knowledge of harm and appropriate
action to deal with it can be measured in a lower quality of life,
numerous injuries and disabilities, tremendous costs for health care and
remediation, and the loss of many human lives. Some of the diseases and
negative health effects linked to environmental pollution include
cancer, asthma, reproductive disorders, birth defects, developmental
disorders, neurological disorders, autoimmune diseases, hormone
disruption, DNA damage and genetic mutations, and cellular malfunction.
(h) Science and technology are creating new solutions to prevent or
mitigate environmental problems. However, science is also creating new
compounds and chemicals that are finding their way into our bodies and
causing negative impacts on our health and environment. Taking a precau-
tionary approach will help to promote environmentally healthy solutions
while weeding out the negative and often unintended consequences of new
technologies. Government and businesses have a responsibility to study
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the potential for harm from a new technology, practice, product or chem-
ical before it is used, rather than assume it is harmless until proven
otherwise.
S 3. Section 1-0101 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
4. IT SHALL FURTHER BE THE POLICY OF THE STATE THAT WHERE THREATS OF
HARM TO HUMAN HEALTH OR THE ENVIRONMENT EXIST, LACK OF FULL SCIENTIFIC
CERTAINTY ABOUT CAUSE AND EFFECT SHALL NOT BE VIEWED AS SUFFICIENT
REASON FOR STATE OR LOCAL GOVERNMENT TO POSTPONE PRECAUTIONARY MEASURES
TO PROTECT PUBLIC HEALTH OR THE ENVIRONMENT.
S 4. The executive law is amended by adding a new article 49-C to read
as follows:
ARTICLE 49-C
NEW YORK STATE PRECAUTIONARY POLICY
SECTION 996. PRECAUTIONARY POLICY.
996-A. DEFINITIONS.
996-B. PRECAUTIONARY CRITERIA.
996-C. PRECAUTIONARY POLICY PLANNING COUNCIL.
S 996. PRECAUTIONARY POLICY. IT IS HEREBY DECLARED TO BE THE POLICY OF
THE STATE OF NEW YORK THAT WHERE THREATS OF HARM TO HUMAN HEALTH OR THE
ENVIRONMENT EXIST, LACK OF FULL SCIENTIFIC CERTAINTY ABOUT CAUSE AND
EFFECT SHALL NOT BE VIEWED AS SUFFICIENT REASON FOR STATE OR LOCAL
GOVERNMENT TO POSTPONE PRECAUTIONARY MEASURES TO PROTECT PUBLIC HEALTH
OR THE ENVIRONMENT.
S 996-A. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE FOLLOWING WORDS
AND TERMS SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION:
1. "STATE AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC
BENEFIT CORPORATION, PUBLIC AUTHORITY OR COMMISSION.
2. "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT, COMMISSION
OR GOVERNING BODY, INCLUDING ANY CITY, COUNTY, AND OTHER POLITICAL
SUBDIVISION OF THE STATE.
3. "AGENCY" MEANS ANY STATE OR LOCAL AGENCY.
4. (A) "ACTIONS" SHALL MEAN (I) PROJECTS OR ACTIVITIES DIRECTLY UNDER-
TAKEN BY AN AGENCY; OR PROJECTS OR ACTIVITIES SUPPORTED IN WHOLE OR PART
THROUGH CONTRACTS, GRANTS, SUBSIDIES, LOANS, OR OTHER FORMS OF FUNDING
ASSISTANCE FROM ONE OR MORE AGENCIES; OR PROJECTS OR ACTIVITIES INVOLV-
ING THE ISSUANCE TO A PERSON OF A LEASE, PERMIT, LICENSE, CERTIFICATE OR
OTHER ENTITLEMENT FOR USE OR PERMISSION TO ACT BY ONE OR MORE AGENCIES;
AND (II) POLICY, REGULATIONS, AND PROCEDURE-MAKING.
(B) THE TERM "ACTIONS" SHALL NOT INCLUDE (I) ENFORCEMENT PROCEEDINGS
OR THE EXERCISE OF PROSECUTORIAL DISCRETION IN DETERMINING WHETHER OR
NOT TO INSTITUTE SUCH PROCEEDINGS; AND (II) OFFICIAL ACTS OF A MINISTER-
IAL NATURE, INVOLVING NO EXERCISE OF DISCRETION.
5. "HARM" SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGE TO INDIVIDUAL
HUMANS OR OTHER ORGANISMS OR COMMUNITIES OR POPULATIONS OF SUCH INDIVID-
UALS THAT MAY BE MANIFEST AS ACUTE TOXICITY; CANCER; ASTHMA; BIRTH
DEFECTS; FAILURE TO REPRODUCE NORMALLY; DEVELOPMENTAL ABNORMALITIES;
AUTOIMMUNE DISEASE, NEUROLOGICAL DISORDERS, OR IMMUNE AND NERVOUS SYSTEM
ALTERATIONS; BEHAVIORAL CHANGES; DNA DAMAGE OR GENETIC MUTATIONS;
DISRUPTION OF BIOLOGICAL SIGNALING SYSTEMS, INCLUDING HORMONE
DISRUPTION; OR OTHER MANIFESTATIONS OF DAMAGE TO BIOLOGICAL SYSTEMS,
INCLUDING CELLULAR MALFUNCTION, THAT RESULT IN DISEASE OR SUBOPTIMAL
FUNCTIONING. HARM TO HUMAN HEALTH OR THE ENVIRONMENT SHALL INCLUDE, BUT
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NOT BE LIMITED TO, HARM TO CHILDREN, WORKERS, SENSITIVE POPULATIONS,
FUTURE GENERATIONS, ECOLOGICAL SYSTEMS, FISH, WILDLIFE, AND ENDANGERED
SPECIES.
6. "CREDIBLE EVIDENCE OF A THREAT OF HARM TO HUMAN HEALTH OR THE ENVI-
RONMENT" SHALL INCLUDE, BUT NOT BE LIMITED TO: WELL-ESTABLISHED INDE-
PENDENT SCIENTIFIC EVIDENCE OF HARM; EMERGING SCIENTIFIC EVIDENCE OF
HARM; VERIFIABLE EVIDENCE OF ALTERED FUNCTIONING OF EXPOSED ORGANISMS,
INCLUDING DAMAGE TO DNA AND BIOLOGICAL SYSTEMS AND CELLULAR MALFUNCTION;
RESULTS OF COMPREHENSIVE OR PARTIAL TESTING AND CONTROLLED OBSERVATIONS,
INCLUDING ANIMAL STUDIES; OBSERVATIONS FROM FORMAL MONITORING; EPIDEMIO-
LOGICAL EVIDENCE; HEALTH SURVEYS OR VERIFIABLE OBSERVATIONS BY WORKERS,
COMMUNITY RESIDENTS, EXPOSED POPULATIONS, AND MEDICAL PERSONNEL; VERIFI-
ABLE EVIDENCE OF PERSISTENCE OR BIOACCUMULATION IN HUMANS OR THE ENVI-
RONMENT; EXTRAPOLATION FROM EXISTING, WELL-ESTABLISHED SCIENTIFIC
EVIDENCE ON EXISTING SUBSTANCES TO NEW SUBSTANCES WITH SIMILAR STRUC-
TURES AND PHYSICO-CHEMICAL PROPERTIES; AND PREDICTIVE MODELS BASED ON
EMPIRICAL DATA.
S 996-B. PRECAUTIONARY CRITERIA. 1. THE FOLLOWING CRITERIA SHALL GUIDE
IMPLEMENTATION OF THE PRECAUTIONARY POLICY ESTABLISHED IN SECTION NINE
HUNDRED NINETY-SIX OF THIS ARTICLE:
(A) ANTICIPATORY ACTION. THERE IS A DUTY TO TAKE ANTICIPATORY ACTION
TO PREVENT HARM WHERE CREDIBLE EVIDENCE OF A THREAT OF HARM TO HUMAN
HEALTH OR THE ENVIRONMENT EXISTS, EVEN WHEN THE EXACT NATURE AND FULL
MAGNITUDE OF HARM IS NOT YET PROVEN. ANY GAPS IN SCIENTIFIC DATA UNCOV-
ERED BY THE EXAMINATION OF CURRENT OR PROPOSED TECHNOLOGIES, PRODUCTS,
PRACTICES, OR CHEMICALS AND THEIR ALTERNATIVES SHALL PROVIDE A GUIDEPOST
FOR FUTURE RESEARCH, BUT SHALL NOT PREVENT PROTECTIVE ACTION FROM BEING
TAKEN BY STATE AND/OR LOCAL GOVERNMENT. AS NEW SCIENTIFIC DATA BECOME
AVAILABLE, STATE AND LOCAL GOVERNMENT SHALL REVIEW DECISIONS AND MAKE
ADJUSTMENTS WHEN WARRANTED.
(B) RIGHT TO KNOW. PEOPLE HAVE A RIGHT TO KNOW COMPLETE AND ACCURATE
INFORMATION ON THE POTENTIAL HUMAN HEALTH AND ENVIRONMENTAL IMPACTS
ASSOCIATED WITH ANY OPERATION OR PLAN BEFORE IT IS IMPLEMENTED, OR THE
SELECTION AND/OR USE OF ANY TECHNOLOGY, PRODUCT, PRACTICE OR CHEMICAL
BEFORE IT IS INTRODUCED INTO THE PUBLIC DOMAIN. THE BURDEN TO SUPPLY
THIS INFORMATION LIES WITH THE PROPONENT OR MANUFACTURER, NOT WITH THE
GENERAL PUBLIC.
(C) ALTERNATIVES ASSESSMENT. AN OBLIGATION EXISTS TO THOROUGHLY EXAM-
INE A FULL RANGE OF ALTERNATIVES AND SELECT THE SAFEST AND MOST SUSTAIN-
ABLE FEASIBLE SOLUTION. ALTERNATIVES ASSESSMENT SHALL INVOLVE THE CARE-
FUL ANALYSIS OF A BROAD RANGE OF OPTIONS USING THE BEST AVAILABLE
SCIENCE, INCLUDING THE ALTERNATIVE OF DOING NOTHING. SUCH ASSESSMENT
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE EVALUATION OF SHORT-TERM AND
LONG-TERM EFFECTS AND COSTS; THE COMPARISON OF ADVERSE OR POTENTIALLY
ADVERSE EFFECTS; AND ESTIMATION OF THE DEGREE OF UNCERTAINTY ASSOCIATED
WITH SUCH EFFECTS AND COSTS.
(D) FULL-COST ACCOUNTING. WHEN EVALUATING CURRENT OR PROPOSED OPER-
ATIONS, PLANS, TECHNOLOGIES, PRODUCTS, PRACTICES, OR CHEMICALS AND THEIR
ALTERNATIVES, A DUTY EXISTS TO CONSIDER ALL THE COSTS, INCLUDING RAW
MATERIALS, PRODUCTION, MANUFACTURING, TRANSPORTATION, DISTRIBUTION, USE,
OPERATION, MAINTENANCE, DISPOSAL, CLEANUP AND HEALTH AND ENVIRONMENTAL
COSTS, INCLUDING THE COST OF IMPAIRING CHILDREN'S HEALTH, EVEN IF SUCH
COSTS ARE NOT REFLECTED IN THE INITIAL PRICE. SHORT- AND LONG-TERM TIME
THRESHOLDS SHALL BE CONSIDERED WHEN MAKING DECISIONS.
(E) PARTICIPATORY DECISION PROCESS. PUBLIC PARTICIPATION AND AN OPEN
AND TRANSPARENT DECISION-MAKING PROCESS ARE CRITICAL TO FINDING, EVALU-
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ATING AND SELECTING ALTERNATIVES. DECISIONS APPLYING A PRECAUTIONARY
APPROACH SHALL BE TRANSPARENT, PARTICIPATORY, AND INFORMED BY THE BEST
AVAILABLE INFORMATION. PRECAUTIONARY DECISIONS SHALL PLACE THE HIGHEST
PRIORITY ON PROTECTING PUBLIC HEALTH AND THE ENVIRONMENT, WITH THE HIGH-
EST REGARD FOR THOSE WHOSE HEALTH MAY BE AFFECTED.
2. ALL AGENCIES SHALL USE ALL PRACTICABLE MEANS TO IMPLEMENT THE
PRECAUTIONARY POLICY AND SHALL ADOPT AN APPROACH TO DECISION-MAKING
CONSISTENT WITH THE CRITERIA SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION TO THE MAXIMUM EXTENT PRACTICABLE. NO AGENCY SHALL PROPOSE,
PERFORM OR APPROVE AN ACTION UNLESS, TO THE MAXIMUM EXTENT PRACTICABLE,
IT IS CONSISTENT WITH THE CRITERIA SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION.
3. BEFORE PROPOSING, PERFORMING OR APPROVING AN ACTION THAT MAY HAVE A
SIGNIFICANT EFFECT ON PUBLIC HEALTH OR THE ENVIRONMENT, AN AGENCY SHALL
ISSUE A WRITTEN FINDING THAT THE ACTION IS, TO THE MAXIMUM EXTENT PRAC-
TICABLE, CONSISTENT WITH THE CRITERIA IN SUBDIVISION ONE OF THIS
SECTION. IF IN ANY RESPECT SUCH ACTION DOES NOT MEET ALL THE CRITERIA
BECAUSE CONSISTENCY IS CONSIDERED TO BE IMPRACTICABLE, SUCH FINDING
SHALL INCLUDE A STATEMENT OF JUSTIFICATION.
S 996-C. PRECAUTIONARY POLICY PLANNING COUNCIL. 1. A PRECAUTIONARY
POLICY PLANNING COUNCIL, HEREAFTER REFERRED TO AS THE COUNCIL, IS HEREBY
CREATED. SUCH COUNCIL SHALL CONSIST OF SEVENTEEN MEMBERS, SEVEN OF WHOM
SHALL BE APPOINTED BY THE GOVERNOR AND OF SUCH SEVEN SHALL INCLUDE THE
COMMISSIONER OF ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF HEALTH
AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT; FIVE OF WHOM SHALL BE
APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; AND FIVE OF WHOM
SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
2. THE FOURTEEN AT-LARGE MEMBERS OF THE COUNCIL SHALL INCLUDE TWO
REPRESENTATIVES OF LOCAL GOVERNMENT; TWO REPRESENTATIVES OF ORGANIZA-
TIONS WHOSE PRIME FUNCTION IS THE SAFETY AND ENHANCEMENT OF PUBLIC
HEALTH; TWO REPRESENTATIVES OF ORGANIZATIONS WHOSE PRIME FUNCTION IS THE
PRESERVATION AND ENHANCEMENT OF THE ENVIRONMENT; TWO REPRESENTATIVES
FROM THE MANUFACTURING SECTOR; TWO REPRESENTATIVES FROM COMMERCIAL BUSI-
NESSES; TWO REPRESENTATIVES WITH EXPERTISE IN THE AREA OF ENVIRONMENTAL
HEALTH OR ALTERNATIVE TECHNOLOGY FROM ACADEMIC INSTITUTIONS; AND TWO
REPRESENTATIVES WHO ARE CANCER SURVIVORS OR SURVIVORS OF OTHER DISEASES
THOUGHT TO BE RELATED TO ENVIRONMENTAL EXPOSURES AND WHO ARE REPRESEN-
TATIVES OF COMMUNITY-BASED ORGANIZATIONS WHOSE PRIME FUNCTION IS THE
REPRESENTATION OF SUCH SURVIVORS AND WHICH HAVE A PROVEN TRACK RECORD OF
WORKING COOPERATIVELY WITH OTHER ORGANIZATIONS THAT REPRESENT SUCH
SURVIVORS.
3. EACH MEMBER OF THE COUNCIL SHALL SERVE FOR A TERM OF FOUR YEARS OR
UNTIL HIS OR HER SUCCESSOR IS APPOINTED. A MEMBER APPOINTED TO FILL A
VACANCY SHALL SERVE THE REMAINDER OF THE TERM OF THE MEMBER HE OR SHE IS
APPOINTED TO SUCCEED. EACH MEMBER SHALL BE ENTITLED TO DESIGNATE IN
WRITING A REPRESENTATIVE TO ATTEND MEETINGS IN HIS OR HER PLACE AND TO
VOTE OR OTHERWISE ACT ON HIS OR HER BEHALF IN HIS OR HER ABSENCE. THE
MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES,
BUT SHALL BE REIMBURSED FOR THEIR EXPENSES ACTUALLY AND NECESSARILY
INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER. ANY MEMBER OF THE
COUNCIL WITH A FINANCIAL OR ANY OTHER CONFLICT OF INTEREST RELATED TO A
MATTER BEING ADDRESSED BY THE COUNCIL SHALL DISCLOSE SUCH CONFLICT AND
RECUSE HIMSELF OR HERSELF PRIOR TO ANY DISCUSSION OF OR DECISION REGARD-
ING SUCH MATTER.
4. THE COUNCIL SHALL SELECT A CHAIR FROM AMONG ITS MEMBERS. THE COUN-
CIL SHALL MEET AS FREQUENTLY AS NECESSARY, BUT NOT LESS THAN FIVE TIMES
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PER YEAR. SUCH MEETINGS SHALL BE HELD AT SUCH LOCATIONS AS THE COUNCIL
MAY DETERMINE. ALL SUCH MEETINGS SHALL BE SUBJECT TO THE OPEN MEETINGS
LAW.
5. THE COUNCIL SHALL, AT A MINIMUM:
(A) PROVIDE GUIDANCE TO STATE AND LOCAL GOVERNMENT ON THE IMPLEMENTA-
TION OF THE PRECAUTIONARY POLICY AND CRITERIA.
(B) MONITOR STATE AND LOCAL GOVERNMENT ACTIONS TO IMPLEMENT THE
PRECAUTIONARY POLICY AND CRITERIA.
(C) MAKE RECOMMENDATIONS TO THE GOVERNOR, LEGISLATURE AND STATE AND
LOCAL GOVERNMENT REGARDING MEASURES TO IMPROVE IMPLEMENTATION OF THE
PRECAUTIONARY POLICY AND CRITERIA BY STATE AND LOCAL GOVERNMENT, INCLUD-
ING ACTIONS NEEDED TO REALIZE THE FULL POTENTIAL OF SUCH POLICY AND
CRITERIA AND BEST PROTECT PUBLIC HEALTH AND THE ENVIRONMENT.
(D) REPORT TO THE GOVERNOR AND LEGISLATURE NO LESS THAN EVERY TWO
YEARS ON THE EXTENT TO WHICH STATE AND LOCAL GOVERNMENT AGENCIES ARE IN
COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE AND ON THE EFFECTIVE-
NESS OF STATE AND LOCAL GOVERNMENT EFFORTS TO IMPLEMENT THE PRECAUTION-
ARY POLICY AND CRITERIA, INCLUDING THE ADEQUACY OF FUNDING AVAILABLE AND
DIFFICULTIES ENCOUNTERED.
(E) DEVELOP GUIDELINES FOR THE PERFORMANCE OF PRECAUTIONARY ALTERNA-
TIVES ASSESSMENT. SUCH GUIDELINES SHALL INCLUDE CRITERIA FOR FURTHER
DEFINING "CREDIBLE EVIDENCE OF A THREAT OF HARM TO HUMAN HEALTH OR THE
ENVIRONMENT," INCLUDING HOW TO ASSESS EVIDENCE OF THE PRESENCE OF HARM-
FUL CHEMICALS OR SYNTHETIC CHEMICALS THAT HAVE NOT YET UNDERGONE SAFETY
ASSESSMENT IN THE BODIES OF HUMANS OR OTHER ORGANISMS.
6. IN CARRYING OUT ITS DUTIES UNDER THIS SECTION, THE COUNCIL SHALL
FOLLOW AN OPEN AND TRANSPARENT DECISION-MAKING PROCESS AND PROVIDE
OPPORTUNITIES FOR PUBLIC COMMENT DURING ITS MEETINGS AND ON ANY DRAFT
GUIDELINES AND/OR REPORTS.
7. THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION SHALL PROVIDE THE COUNCIL WITH SUCH FACILITIES, ASSISTANCE,
AND DATA AS WILL ENABLE THE COUNCIL TO CARRY OUT ITS POWERS AND DUTIES.
ADDITIONALLY, ALL OTHER AGENCIES OF THE STATE OR SUBDIVISIONS THEREOF
SHALL, AT THE REQUEST OF THE CHAIR, PROVIDE THE TASK FORCE WITH SUCH
FACILITIES, ASSISTANCE AND DATA AS WILL ENABLE THE COUNCIL TO CARRY OUT
ITS POWERS AND DUTIES.
8. THE COUNCIL MAY CONSULT WITH ANY PERSON, ORGANIZATION, EDUCATIONAL
INSTITUTION, OR GOVERNMENTAL ENTITY INCLUDING, BUT NOT LIMITED TO, THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, THE CENTERS FOR DISEASE
CONTROL, THE NATIONAL INSTITUTES OF HEALTH, AND THE NATIONAL INSTITUTE
OF ENVIRONMENTAL HEALTH SCIENCES, AS WELL AS THE EUROPEAN UNION AND THE
CANADIAN HEALTH DEPARTMENT.
S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.