S T A T E O F N E W Y O R K
________________________________________________________________________
626
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
creation of the toxics information clearinghouse
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 4 to read as follows:
TITLE IV
TOXIC INFORMATION CLEARINGHOUSE
SECTION 37-0401. TOXIC INFORMATION CLEARINGHOUSE.
S 37-0401. TOXIC INFORMATION CLEARINGHOUSE.
1. SUBSTANCES HAZARDOUS TO PUBLIC HEALTH, SAFETY OR THE ENVIRONMENT
THAT HAVE BEEN IDENTIFIED OR LISTED AS A HAZARDOUS WASTE IN REGULATIONS
PROMULGATED PURSUANT TO SECTION 27-0903 OF THIS CHAPTER AND SUBSTANCES
THAT APPEAR ON THE LIST IN REGULATIONS PROMULGATED PURSUANT TO PARAGRAPH
(A) OF SUBDIVISION ONE OF SECTION 37-0103 OF THIS ARTICLE SHALL BE POST-
ED ON A WEBSITE ESTABLISHED AND MAINTAINED BY THE DEPARTMENT AND SHALL
BE ACCESSIBLE TO THE PUBLIC.
2. THE WEBSITE ESTABLISHED AND MAINTAINED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION SHALL PROVIDE CHEMICAL HAZARD TRAITS AND ENVIRONMENTAL
AND TOXICOLOGICAL END-POINT DATA OF THE SUBSTANCES IDENTIFIED IN REGU-
LATION.
3. THE DEPARTMENT SHALL CONSULT WITH OTHER STATES, THE FEDERAL GOVERN-
MENT, AND OTHER NATIONS TO IDENTIFY AVAILABLE DATA RELATED TO HAZARD
TRAITS AND THE ENVIRONMENTAL AND TOXICOLOGICAL END-POINTS.
4. THIS TITLE SHALL NOT LIMIT OR BE CONSTRUED TO LIMIT THE DEPART-
MENT'S OR ANY OTHER AGENCY'S EXISTING AUTHORITY OVER HAZARDOUS MATERI-
ALS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02137-01-3
A. 626 2
S 2. Section 37-0307 of the environmental conservation law, as added
by chapter 663 of the laws of 1994, is amended to read as follows:
S 37-0307. Availability of information.
1. The release forms required under this title are intended to provide
information to government agencies and the public, including citizens of
communities surrounding covered facilities. The release form shall be
available to inform persons about releases of toxic chemicals to the
environment; to assist government agencies, researchers, and other
persons in the conduct of research and data gathering; to aid in the
development of appropriate regulations, guidelines, and standards; and
for similar purposes. Each release form shall be printed out upon
request and made available during normal working hours to the general
public at the main office of the department and at the regional office
that encompasses the region in which the facility is located.
2. [The commissioner shall maintain in a computer data base a toxic
chemical inventory based on data submitted to the commissioner pursuant
to this title. Such data shall be made available upon request as a
printout and diskette, as per request.
3.] By December thirty-first of each year, the commissioner shall
issue a written report that shall be available at no charge to the
public in which the information compiled pursuant to this title is
summarized for each facility subject to the provisions of this title.
S 3. This act shall take effect January 1, 2016. The commissioner of
environmental conservation shall promulgate any and all rules and regu-
lations and take any other measures necessary to implement this act on
or before January 1, 2015.