S T A T E O F N E W Y O R K
________________________________________________________________________
8661
2011-2012 Regular Sessions
I N A S S E M B L Y
October 14, 2011
___________
Introduced by M. of A. RABBITT -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
permitting municipalities to grant exceptions to air pollution control
requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 19-0709 of the environmental conservation law is
amended to read as follows:
S 19-0709. Local laws, ordinances and regulations.
1. Any local laws, ordinances or regulations of any governing body of
a county, city, town or village which are not inconsistent with this
article or with any code, rule or regulation which shall be promulgated
pursuant to this article shall not be superseded by it, and nothing in
this article or in any code, rule or regulation which shall be promul-
gated pursuant to this article shall preclude the right of any governing
body of a county, city, town or village to adopt local laws, ordinances
or regulations which are not inconsistent with this article or with any
code, rule or regulation which shall be promulgated pursuant to this
article provided, however, that the exercise of such right by a county
shall relate only to the area thereof outside any city, village or area
of any town outside the village or villages therein during such time as
such city, village or town has local laws, ordinances or regulations
consistent with this article or with any code, rule or regulation which
shall be promulgated pursuant to this article. [Any] EXCEPT AS OTHERWISE
PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ANY local laws, ordinances
or regulations of a county, city, town or village which comply with at
least the minimum applicable requirements set forth in any code, rule or
regulation promulgated pursuant to this article shall be deemed consist-
ent with this article or with any such code, rule or regulation.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13499-01-1
A. 8661 2
2. A COUNTY, CITY, TOWN OR VILLAGE MAY PERMIT EXCEPTIONS TO ANY CODE,
RULE OR REGULATION PROMULGATED PURSUANT TO THIS ARTICLE UPON APPLICATION
BY A RESIDENT ONLY AFTER COMPLETION OF AN ON-SITE INSPECTION.
S 2. This act shall take effect immediately.