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

                                   579

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. CAHILL, ESPAILLAT -- Multi-Sponsored by -- M. of
  A. GREENE, TOWNS -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation  to  authorizing  the
  sanitary  code  to  establish  regulations  for  source separation and
  segregation of recyclable or reusable materials and  adequate  facili-
  ties for disposal of solid waste

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (o) of subdivision 5 of section 225 of the public
health law, as amended by chapter 889 of  the  laws  of  1970  and  such
subdivision as renumbered by chapter 626 of the laws of 1971, is amended
to read as follows:
  (o)  require that application be made for a permit to operate a tempo-
rary residence as defined in the sanitary code, or to hold or promote by
advertising or otherwise a mass gathering which  is  likely  to  attract
five  thousand people or more and continue for twenty-four hours or more
and authorize appropriate officers or agencies to issue  such  a  permit
when the applicant is in compliance with the established regulations and
when  it  appears  that such temporary residence can be operated or such
gathering held without hazard to  health  and  safety;  establish  regu-
lations  with  respect to such gatherings to provide for: the furnishing
of adequate undertakings to secure full  compliance  with  the  sanitary
code  and  other  applicable law, adequate and satisfactory water supply
and sewerage facilities, adequate drainage, adequate toilet and lavatory
facilities, adequate [refuse storage and disposal] facilities FOR  RECY-
CLING  OF  CERTAIN MATERIALS CONSISTENT WITH LOCAL ORDINANCE AS REQUIRED
UNDER SECTION ONE HUNDRED TWENTY-AA OF THE GENERAL  MUNICIPAL  LAW,  AND
ADEQUATE  FACILITIES  FOR THE DISPOSAL OF SOLID WASTE, adequate sleeping
areas and facilities, wholesome food and sanitary food service, adequate
medical facilities, insect  and  noxious  weed  control,  adequate  fire

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

                                                           LBD00605-01-9

A. 579                              2

protection, and such other matters as may be appropriate for security of
life  or health. In his review of applications for permits for the hold-
ing or promoting of such a gathering  the  permit-issuing  official  may
require  such  plans, specifications and reports as he shall deem neces-
sary for a proper review, and in his review  of  such  applications,  as
well  as  in  carrying  out his other duties and functions in connection
with such a gathering, the permit-issuing official may request and shall
receive from all public officers, departments and agencies of the  state
and its political subdivisions such cooperation and assistance as may be
necessary and proper;
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law;  provided,  however,  that  the  addition,  amendment
and/or  repeal of any rules or regulations necessary for the implementa-
tion of this act on its effective date are authorized and directed to be
made and completed on or before such date.