Assembly Bill A220

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

                                   220

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. SPANO, ENGLEBRIGHT, MAISEL, M. MILLER, MILLMAN,
  HOOPER, SCARBOROUGH -- Multi-Sponsored by -- M. of A. BARRON,  CRESPO,
  GABRYSZAK,  GIBSON,  GOTTFRIED,  HIKIND,  MAYERSOHN, McENENY, PHEFFER,
  SCHIMEL, THIELE -- read once and referred to the  Committee  on  Local
  Governments

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00767-01-1
              

A. 220                              2

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
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.