senate Bill S4573

2013-2014 Legislative Session

Enhances the reporting requirements for businesses, outside of a city with population of one million or more, which store or use hazardous materials

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to local government
Apr 11, 2013 referred to local government

S4573 - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd ยง209-u, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2826
2009-2010: S8162A

S4573 - Bill Texts

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Enhances the reporting requirements for the storage or use of hazardous materials by businesses, outside of a city having a population of one million or more.

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BILL NUMBER:S4573

TITLE OF BILL: 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

PURPOSE: The bill would enhance and improve the reporting
requirements for businesses which store or use hazardous materials.

SUMMARY OF SPECIFIC PROVISIONS: The bill amends subdivision 3, 5, and
6 of Section 209-u of the General Municipal Law to make the following
changes:

*Requires each person engaged in commerce to provide identification
and quantity of each hazardous material used or stored at each site.
Persons that do not use or store hazardous materials must respond to
the notice with such information;

*Requires every municipality (town or city), except a city having a
population of one million or more, to provide annual notification in
writing to all persons engaged in commerce within their jurisdiction
of the notification and, other hazardous materials reporting
requirements in this law,. The notification may be provided with tax
bills or other official notifications;

*Requires any person granted a reporting exemption, except in a city
having a population of one million or more, to immediately notify the
chief of the fire department, fire corporation or fire company of any
changes in the identity of the hazardous materials and the amounts
used or stored at each site;

*Requires that persons claiming the need to protect confidential
business information must still report this hazardous materials data
to the fire department, corporation or company. Such information will
be subject to the Freedom of Information Law with respect to public
release of such information.

JUSTIFICATION: Some fire companies have reported that they still have
little or no information about hazardous materials stored at
businesses within their response territories, despite the requirements
of the current law. This lack of information puts our fire fighters,
first response and emergency personnel at significant risk from
unknown exposures to hazardous materials at these facilities. The
proposed amendments to the bill will ensure that every business
facility provides detailed information about hazardous materials they
use or store, including identification and quantity of each material.
Businesses that do not use or store hazardous materials must provide a
response to that effect. Additionally every municipality must send
notice of the reporting requirements to every person in commerce in
their community; such notice may be included with other official
mailings from the municipality. This procedure should ensure that all
appropriate parties know of their responsibilities with respect to
hazardous materials.

The bill also strengthens the exemptions provisions of the current
law. All of the changes should significantly improve knowledge of
hazardous materials stored and used within these communities and


enhance municipal response to fires and other hazardous events at such
facilities.

LEGISLATIVE HISTORY: 2010 - S.8162A - Died - Rules 2012 - S.2826 -
Died - Local Government

FISCAL IMPLICATIONS: Little or no cost to local governments.

EFFECTIVE DATE: This act would take effect 30 days after it becomes
law.

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

                                  4573

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 11, 2013
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local Government

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,
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02585-01-3

S. 4573                             2

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.

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