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

                                   427

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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.
                                                           LBD04060-01-5
              

A. 427                              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 twenty-four months after it shall have
become  a  law.  The  commissioner  of  environmental conservation shall
promulgate any and all rules and regulations and take any other measures
necessary to implement this act on or before such effective date.